- Consideration of Lords amendments
- I can inform the House that nothing in the Lords amendments engages Commons financial privilege.After Clause 9Power to make regulations: Scotland and Northern Ireland
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- I beg to move, That this House agrees with Lords amendment 1.
- With this it will be convenient to discuss Lords amendments 2 to 12.
- I am delighted that the Biodiversity Beyond National Jurisdiction Bill has returned to this House for the consideration of Lords amendments. I thank Members of both Houses for their careful scrutiny and for the constructive and collaborative approach throughout the Bill’s passage. I also place on the record my thanks to Baroness Chapman of Darlington for leading the Bill expertly through the other place. In today’s debate, we will seek to address the amendments made by the Government there, and I thank all those in that House who have been involved in debates on this Bill.Before I speak to the Lords amendments, I remind the House that the passage of this Bill is a vital part of delivering the UK’s international obligations under the BBNJ agreement. It will strengthen the global framework for protecting biodiversity in areas of the ocean beyond national jurisdiction, improve how we manage environmental impacts in those areas and help to ensure that the benefits arising from marine genetic resources are shared fairly.I am pleased to inform the House that the BBNJ agreement entered into force on 17 January. Following Royal Assent, and subsequent secondary legislation to be passed in the coming months, the UK will ratify the agreement. We intend to play a leading role at the first conference of the parties, which will take place at some point before 16 January 2027.Turning to the Lords amendments, the House is being asked to consider a package of 12, all of which were put forward by the Government. They relate to devolution and are designed to support effective implementation of the BBNJ agreement across the whole United Kingdom, while respecting the devolution settlements and ensuring that devolved Ministers are appropriately engaged, where devolved competence is affected.
- Part 2 of the Bill contains a specific exception for fishing, and the new regulations do not apply to the use of a UK craft for fishing if it is done under a valid licence under the Fisheries Act 2020. I have been contacted by some of the organisations back home in Northern Ireland. Does the Minister not agree that it is essential that the devolved Administrations enshrine this legislation and acknowledge that the fishing industry is reliant on the ability to continue to fish in all current areas? In other words, it is important that the Administrations, and the Northern Ireland Assembly in particular, do what this Bill says. If the Assembly does not do that, Northern Ireland fishing organisations will find themselves at a disadvantage.
- It is indeed important that all our devolved Administrations, as well as the UK Government, abide by the agreement. I thank the hon. Member for his interest and his engagement in this important Bill.I am grateful to all those we have been engaging with throughout the passage of this Bill. Working closely with Ministers and officials in the devolved Governments, we agreed at the Bill’s introduction that the legislative consent motion process is engaged for Scotland and Northern Ireland to varying extents by parts 2, 3 and 4. The Government have been in sustained discussions with both those devolved Governments to seek consent for the Bill, and I can confirm to the House that motions on consent have been passed by the Scottish Parliament and the Northern Ireland Assembly.Lords amendments 1 and 4 provide Scottish Ministers and the Northern Ireland Department of Agriculture, Environment and Rural Affairs with concurrent powers to make regulations within devolved competence corresponding to the powers to make provision granted to the Secretary of State under clauses 9 and 11 of the Bill. Lords amendments 2 and 5 provide the procedure for those powers.
- As I understand it, the BBNJ deals primarily with matters in international waters, and of course the devolved institutions have no say in those matters. So as to broaden our understanding of the Bill, will the Minister tell me what type of regulations she anticipates the Department of Agriculture, Environment and Rural Affairs—the local Stormont Department—will be making in consequence of the Bill?
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- Following ratification of the agreement, we will be participating in future discussions relating to its implementation. There will continue to be further conversations. The important point is that the work we have been doing with Scotland, Wales and Northern Ireland reflects how our UK Government officials and devolved officials are already working together effectively in practice, including in relation to consultation and effective delivery, and I know that those conversations will continue.Lords amendments 3 and 6 place a duty on the Secretary of State to consult Scottish Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland before exercising powers in clauses 9 and 11 where regulations engage devolved matters. This duty does not apply where the Secretary of State considers that regulations need to be made urgently for the purposes of implementing emergency measures adopted under article 24.1 of the BBNJ agreement. This approach ensures that the devolved Governments are engaged in advance of regulations being made, enables them to make their own provision on devolved aspects where they wish to do so, and reflects their responsibilities while supporting timely and effective implementation of the agreement.
- I am asking these questions because they have been put to me by fishing organisations back home and I want to put them on record. The Bill enables the creation of internationally agreed marine protected areas in the high seas. If a Northern Ireland vessel were to operate in those international waters, it could face new restrictions on where it could fish, in order to protect vulnerable habitats and species such as sharks and whales. Does the Minister not agree that we need to ensure that MPAs are not created without input from the fishing industry—the sector itself, the fishing organisations and the fish producers—that its opinions carry weight and that this is not simply a tick-box exercise?
- The hon. Member continues to put on record his concerns. He will know that, as we move forward following ratification, we will continue to have detailed conversations. It is important that the rules and regulations are clear for all to operate by.I was just referring to how we have been moving forward on the Bill to ensure that the devolved Governments are engaged in advance of regulations being made and are able to make their own provision on devolved aspects where they wish to do so. We continue to work closely together to support the timely and effective implementation of the agreement.Lords amendment 7 inserts a new clause, after clause 17, that makes changes to the Marine Works (Environmental Impact Assessment) (Scotland) Regulations 2017 to ensure that the UK meets its obligations under the BBNJ agreement in relation to Scottish marine licensable activities in areas beyond national jurisdiction. The UK Government will be amending their own environmental impact assessment regulations, and Scottish Government officials have worked closely with UK counterparts to draft corresponding provisions. Accordingly, Lords amendments 8 and 9 also limit the power in clause 18 to implementing only article 38 standards or guidelines, as a wider power is no longer required in the light of other changes that will be made directly through the Bill.Lords amendments 10 and 11 ensure that clause 22, which sets out procedures for the making of regulations under the Act, does not apply to regulations made under clauses introduced by Lords amendments 1 and 4. Instead, the procedures set out in Government amendments 2 and 5 respectively will apply.Finally, Lords Amendment 12 amends clause 25 so that the clause introduced by amendment 7 comes into force on such a day as the Secretary of State appoints by regulations, rather than upon Royal Assent. This change ensures a consistent approach across the Bill with regard to the environmental impact assessment regulations that are being amended.
- I call the shadow Minister.
- The Opposition recognise the importance of this Bill and the shared international ambition to protect the world’s oceans and marine ecosystems. We support the principle of effective global co-operation in this area and we want this legislation to succeed. However, it is precisely because of the Bill’s significance, its reach across the devolved Administrations and its potential financial and regulatory consequences that it demands the highest standards of scrutiny and clarity. It is in that constructive spirit that I wish to raise a number of questions for the Minister today. I hope that, in that same constructive spirit, she seeks to answer them fully.We know that the Government tabled quite a number of amendments to the Bill on Report in the House of Lords. Those amendments are before us today. It is rather disappointing that the Government needed to do this at such a late stage in the Bill’s passage. As my noble Friend Lord Callanan said in the other place, tabling amendments at such a late stage was not conducive to the best Lords scrutiny. Does the Minister accept that the work with the devolved Administrations that led to the tabling of these amendments should have taken place earlier? Are lessons going to be learned for future legislation?On the new clauses on consultation with Scotland and Northern Ireland to be inserted after clauses 9 and 12, can the Minister confirm that this definitely does not stray into legislative consent territory? Can she also set out what would happen if Scottish or Northern Irish Ministers did not approve of measures during the consultation process? Regarding the new clause to be inserted after clause 12 relating to the new regulation-making power, what would happen if, say, the Scottish Government decided to take a divergent path or set up a system that put themselves at odds with the UK Government’s position? Is there a risk to the operability of the system there?The Government’s own impact assessment found that this Bill would generate compliance costs for those involved in the collection and utilisation of marine genetic resources and related digital sequence information. What steps are the Government taking to ensure that those costs are not prohibitive to the very research we are hoping to promote through the Bill? While there are still many unanswered questions about enforcement, it is hard to see how the compliance, licensing and enforcement will be cheap. What level of resource is going to be put into enforcing the regime? A Ways and Means resolution is required for this Bill precisely because it will lead to costs to the public purse, so what assessment have the Government made of the value for money in this respect, and what is the cost-benefit ratio?
- I call the Chair of the Environmental Audit Committee.
- I warmly welcome the Bill, whose introduction last year involved a happy coincidence in fulfilling one of the Government’s commitments and satisfying one of the Committee’s recommendations at the same time. This landmark legislation will lay the groundwork for protecting the marine environment and the wildlife that inhabits it, which lie beyond the control of individual nations. As the Government’s “Nature security assessment on global biodiversity loss”, published last week, set out in stark terms, natural ecosystems such as the ocean and the Amazon rainforest are at risk of collapsing, and the resulting crop failures, intensified natural disasters, and conflict and political instability are highly likely to threaten UK national security and prosperity. It is vital for the UK to take leadership on the international stage to tackle global biodiversity loss and climate change.I welcome this Government’s commitment to multilateral co-operation on ocean governance and I look forward to the Bill receiving Royal Assent, which will enable the UK to ratify the BBNJ agreement. It is true to say that the initial indication of Government support for the agreement came from the last Government, although it was disappointing that over the 18 months or so that followed that commitment we never got the legislation back here. I am therefore pleased that the present Government have proceeded with this important measure.The UK also makes an important contribution to global efforts to halt environmental decline through its international funding for climate finance, a third of which is earmarked for nature-based solutions to climate change. To date, however, there has been limited indication of the Government’s next steps regarding the five-year international climate finance budget that is due to commence in April. They have also failed so far to invest in the tropical forests forever facility and to leverage further private finance into that innovative fund, thus protecting forests in perpetuity.