Biodiversity Beyond National Jurisdiction Bill

[Judith Cummins in the Chair]

I remind Members that, in Committee, Members should not address the Chair as “Deputy Speaker”. Please use our names when addressing the Chair. “Madam Chair”, “Chair” and “Madam Chairman” are also acceptable.

Clause 1

The Agreement

Question proposed, That the clause stand part of the Bill.

With this it will be convenient to discuss to following:

Clauses 2 to 6 stand part.

Amendment 4, in clause 7, page 5, line 4, at end insert—

“A single report may be submitted for the purposes of sections 5(2)(c) and 6(3)(c), provided that any such single report meets the requirements in sections 5(3) and 6(4).”

Clauses 7 to 11 stand part.

Amendment 5, in clause 12, page 9, line 2, at end insert—

“(aa) relating to the charging of fees under section 11(3)(c),”.

Clauses 12 and 13 stand part.

Government amendment 1.

Clause 14 stand part.

Government amendment 2.

Clauses 15 to 23 stand part.

Government amendment 3.

Clauses 24 to 26 stand part.

New clause 1—Powers of the Secretary of State: review—

“(1) Within three years beginning on the day on which this Act is passed, the Secretary of State must lay before Parliament a report on the exercise of powers conferred on them by virtue of this Act.

(2) A report under this section must include—

(a) a description of the powers used,

(b) the purposes for which they have been used,

(c) an assessment of how effectively they have been used,

(d) an assessment of how their use accords with the objectives of the Agreement.”

New clause 2—Reporting requirements relating to the Act—

“(1) Before the end of the period of two years beginning on the day on which this Act is passed, and at least once every two years thereafter, the Secretary of State must lay before Parliament a report on the implementation and enforcement of the Act.

(2) The report must include—

(a) data on access to samples;

(b) information relating to the number and nature of DSI views and downloads;

It is a pleasure to serve under your chairship, Madam Chair, and to open this debate in Committee of the whole House on the Biodiversity Beyond National Jurisdiction Bill.

Before turning to the detail of the clauses and of the amendments that stand in my name, I want to underline why it is so important that this House sends a clear signal today by progressing this legislation. This Bill will, along with subsequent secondary legislation, enable the United Kingdom to implement obligations in the United Nations biodiversity beyond national jurisdiction agreement into UK law, and enable us to move towards ratification of this historic agreement.

The House may also have seen that the BBNJ agreement was recognised by the Prince of Wales’s Earthshot Prize Council last week, which is a testament to the broad support for it. The BBNJ agreement is the culmination of nearly two decades of international negotiations. The agreement covers roughly two thirds of the world’s ocean, which is home to ecosystems that regulate our climate, support fisheries, drive weather patterns and sustain the livelihoods of millions around the world.

It is such an important subject, and I appreciate the opportunity to ask a question on behalf of those I represent who are involved in fishing. The Bill and the international treaty it implements will affect the fishing industry primarily through the creation of marine protected areas and through the imposition of stricter environmental impact assessments. Does the Minister agree that this means engagement with our fishing sector is essential, and can she confirm that the viability of fishing and food security will be a priority for this Government?

The hon. Member will know from previous conversations that we continue to engage with the fishing industry on all areas of policy. Fishing falls outside the scope of the Bill, but it is important that the Government maintain that dialogue.

I welcome and support the Bill, which is an important step forward. It is a shame that it was not passed before the election so that it could have been dealt with in the wash-up of the previous Parliament. Will the Minister assure us that the Government will provide the necessary resources, and that the UN agencies are sufficiently funded, to ensure that this law becomes an effective protection for the natural world and the oceans that we all rely on?

As the right hon. Member will have seen—I know that he has studied the Bill closely—we are looking to implement our obligations in line with many existing obligations. It has been important for us to hear from scientists and other involved parties that there should be no extra burdens and that we should consider how to move forward together. When we ratify the agreement, we will be party to the Conference of the Parties and able to participate in how future decisions are made. That will be important to understanding how the UK can incorporate decisions efficiently, effectively and with the fewest possible resources.

I welcome the Bill’s enhancement of biodiversity and the protection of our oceans and natural world. How will the Bill help to unlock innovation in marine science?

I will come to that later in my remarks. My hon. Friend makes a good point. Ratifying the agreement will also make it easier to share the benefits of research more widely and efficiently. That will allow those who might not be able to carry out such research themselves to use it and consider where innovations might be made. That is an important benefit of the Bill.

The Bill is the culmination of nearly two decades of international negotiations. The agreement represents a once-in-a-generation step forward in ocean governance, to ensure that areas beyond national jurisdiction are managed sustainably, transparently and equitably. Through the Bill, the United Kingdom will be able to play its full part in that effort. It will allow our scientists, companies and research institutions to participate confidently in the new frameworks on marine genetic resources, to contribute to the development of area-based management tools, and to meet international standards on environmental impact assessments in areas beyond national jurisdiction. Royal Assent early next year—subject to time in the House—will place the UK in a strong position to ratify the agreement and to take its seat at the first Conference of the Parties, which is expected to be in the second half of 2026. It is vital that the UK is at that table.

I am grateful to the Minister for giving way as she speaks about the importance of the UK taking global leadership. I welcome the Bill, but will the Minister complement it and show global leadership by announcing a new international taskforce dedicated specifically to protecting at least 30% of the Atlantic ocean by 2030?

The hon. Lady will know that that is outside the scope of the Bill, but the measures will protect the world’s oceans—as I have said, the agreement covers roughly two thirds of them. Indeed, in all areas of our international work, we do all we can for the environment around the world.

Will my hon. Friend give way?

I will make a bit of progress—I thank my hon. Friend for his patience.

The Bill is divided into five parts. Parts 2, 3 and 4 align directly with three operational pillars of the BBNJ agreement: marine genetic resources, area-based management tools, and environmental impact assessments. I will address the Government amendments and clauses stand part now, but I will address the Opposition amendments in my closing remarks, so that I have had an opportunity to hear the shadow Minister’s contribution.

Part 1 sets out the definitions that underpin the rest of the Bill. Given that those definitions will be discussed at some length today, I say for the benefit of the Committee that “areas beyond national jurisdiction” comprise the high seas—waters beyond exclusive economic zones—and the area, meaning the seabed and subsoil beyond the limits of national jurisdiction, and “marine genetic resources” are defined as any marine material containing functional units of heredity of actual or potential value. Those definitions mirror the agreement and ensure consistency between domestic law and our international obligations. Clause 20 provides definitions for terms that are used in the Bill but not defined elsewhere in it.

In part 2, clauses 2 to 10 implement the provisions of the agreement relating to marine genetic resources. The provisions promote transparency in the collection and utilisation of marine genetic resources of areas beyond national jurisdiction and associated digital sequence information, and provide the building blocks for benefit sharing.

Clauses 2 and 3 create reporting obligations for individuals collecting marine genetic resources using UK craft and for those utilising those resources and associated digital sequence information. Information must be provided to the Secretary of State before and after collection, and information about the results of utilisation should be provided in accordance with the schedule. Clause 4 provides that the Secretary of State may transmit to the BBNJ clearing house mechanism the information provided on collection and utilisation, unless it is protected from disclosure under domestic law. Those clauses are designed to implement the UK’s obligation on information sharing, with the clearing house mechanism facilitating transparency and helping us to deliver on our obligations while protecting information that is not to be shared.

The Antarctic treaty, which was long and hard fought for in this House and other places, has been important and, generally speaking, very successful. But there are issues about the increasing access to the Antarctic, the pollution that this causes and the need to clean up after the substantial number of visitors that go there at present. Is the Minister confident that the resources will be available to ensure that the Antarctic treaty is fully adhered to?