PARLIAMENTARY DEBATE
Biodiversity Beyond National Jurisdiction Bill - 2 February 2026 (Commons/Commons Chamber)

I can inform the House that nothing in the Lords amendments engages Commons financial privilege.

After Clause 9

Power to make regulations: Scotland and Northern Ireland

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?

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.

The Government’s objective is to implement the BBNJ agreement effectively across the whole of the United Kingdom, and to do so in a way that respects the devolution settlement and supports continued constructive collaboration with the devolved Governments. I therefore commend these 12 Lords amendments to the House, and I urge Members to support them.

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?

The final-stage impact assessment also refers to potential future costs if emergency legislation is needed to respond to any further decisions made by the convention on biological diversity. Can the Minister clarify the parameters? What are the Government anticipating, how much money do they assess might be involved, and are they planning to ensure that the risk of unintended consequences is mitigated?

It would be impossible not to mention the tension between the Government’s ambitions with regard to this Bill and their surrender of the Chagos islands, which may well see the dismantling of an exemplar marine protected area. Can the Minister tell us exactly what undertaking Mauritius has given to the MPA? Will she identify any red lines that the Government have clearly set out, and will she tell us precisely what continuing role Britain will play in MPA management in respect of the terms of the treaty? For example, have the Government had any discussions about preventing damaging Chinese trawler boats from accessing the MPA?

We all share the objective of protecting our oceans and safeguarding biodiversity beyond national jurisdiction —indeed, that is why it was a Conservative Government who first signed up to the biodiversity beyond national jurisdiction agreement—but good intentions on their own are not enough. The House is entitled to clear answers on scrutiny, devolution, operability, cost, enforcement and value for money, as well as honesty about how the Bill sits alongside the Government’s wider actions on marine protection in the British overseas territories. Until Ministers can provide that clarity and reassurance, there remains a real risk that a Bill designed to lead internationally will instead create uncertainty at home. I urge the Minister to respond fully to the questions raised today, so that the House can be confident that this legislation is workable, proportionate and worthy of the ambitions that the Government have for it.

I call the Chair of the Environmental Audit Committee.

I call the Liberal Democrat spokesperson.

The Liberal Democrats strongly welcome the Bill, and it is wonderful to hear support for it on both sides of the House.

The global ocean treaty is one of the most significant environmental agreements of our time. It is currently the world’s only viable pathway towards meeting the global 30 by 30 target of protecting at least 30% of the world’s oceans by 2030. The scale of the challenge is monumental. Right now, less than 1% of the high seas is fully protected—less than one penny in the pound of the global ocean. That is the gap that the treaty begins to close.

The ocean underpins everything. It feeds billions of people, absorbs about a quarter of global carbon emissions, regulates our weather and supports livelihoods across the world. However, it is under extraordinary and growing pressure from overfishing, plastic pollution and climate change. I have seen those pressures at first hand. Rowing solo across three oceans, I saw both the beauty of the high seas and the damage that we are doing to them. Out there, beyond national borders, the ocean can also feel beyond human laws. The treaty is about bringing rules, responsibility and stewardship to those waters. It also discharges one of the commitments made to me by the Government during discussions about my private Member’s Bill, the Climate and Nature Bill, and for that I thank them.

While we Liberal Democrats welcome the Bill, we regret the delay. The UK helped to negotiate this agreement, and it would have been fitting had we been among the first to ratify it rather than trailing behind. I thank the campaigners who have kept up the pressure, and the colleagues throughout my party who have long championed ocean protection. They include my hon. Friend the Member for Bath (Wera Hobhouse), who has consistently made the case for stronger high seas governance, as has my hon. Friend the Member for South Cambridgeshire (Pippa Heylings).

Like my hon. Friend, I have spent a fair amount of time on the ocean —not rowing but sailing. When sailing across oceans in a small boat, one cannot help but see the seas of plastic, whether left by fishermen or simply thrown overboard, that are carried on currents. Does my hon. Friend think the treaty goes far enough to tackle the scourge of plastic pollution in our oceans?

I thank my hon. and gallant Friend for his intervention. The treaty does not yet go far enough on plastic pollution, and I hope that the countries of the world will bring their best endeavours to achieving an international agreement in that regard. So far, sadly, those negotiations have not succeeded.

I also want to recognise the serious, constructive work of our Liberal Democrat peers. They chose not to delay ratification, but they worked hard to strengthen the Bill. Lord Teverson pressed Ministers on enforcement gaps, flags of convenience, illegal fishing and human rights at sea, reminding us that the high seas cannot be a legal vacuum for either nature or people, and Baroness Miller of Chilthorne Domer pushed strongly on plastic pollution, especially the plastic pellets that now turn up throughout the marine food chain. Those issues have not gone away, and they now form the implementation agenda.

As Lord Teverson observed during the debates in the other place, this may be one of the last major environmental agreements that we see from the United Nations for some time, given this era in which respect for international law appears to be under strain in a way that we have not seen for many decades. That makes the treaty not just important but precious. We are under a moral and existential obligation to make it work. This ratification must be the start, not the finish. If the UK wants to lead, the Government should aim to arrive at the first Conference of the Parties with a clear plan for implementation, and I suggest that the plan should include the publication of a proper implementation road map including timelines, responsibilities and funding, so that delivery does not drift.

We should back our world-leading scientific institutions, such as the National Oceanography Centre, the British Antarctic Survey and the Centre for Environment, Fisheries and Aquaculture Science. They should be fully supported to provide the evidence, training and technology transfers on which this treaty depends. We should strengthen enforcement using our satellite-monitoring capability and our experience in monitoring vast protected areas in the overseas territories. As a priority, we should get our own maritime house in order. We cannot in good conscience call for protection overseas while allowing destructive practices like bottom-trawling in our own MPAs. Credibility must start at home.

At a time when multilateral co-operation often feels fragile, this treaty shows what is still possible when countries work together to protect the global commons. The Liberal Democrats will support this Bill, but future generations will not judge us on whether we ratified the treaty; they will judge us on whether the oceans are healthier because we did something. Let us match warm words with hard action, and show that Britain still leads when it matters, not just by signing agreements but by protecting the blue parts of our planet, which give us food to eat and oxygen to breathe. To quote Sir David Attenborough, who turns 100 this coming May:

“If we save the sea, we save our world.”

As chair of the all-party parliamentary group for the ocean, I am delighted to see the Bill’s swift passage through Parliament, and I look forward to its full ratification, but I have some specific questions for the Minister. Can she outline the timeline for the next steps to ensure ratification? Specifically, will it happen ahead of the first ocean COP, expected later this year? If the Minister is unable to give that detail today, would she be willing to meet the APPG for the ocean to discuss the timeline, particularly given that we are now five years away from our 30 by 30 commitment?

I note that the noble Baroness, Lady Boycott, tabled an amendment in the other place that would have ensured that the “polluter pays” and precautionary principles, alongside other principles in the Environment Act 2021, must be applied by UK authorities when they exercised powers or duties under this Bill relating to the high seas. As that amendment was not passed, there are concerns across the ocean sector that there is no statutory requirement in the Bill to extend those environmental principles beyond the UK’s territorial or domestic jurisdiction. Can the Minister comment on that? Will she also offer assurances that, when representatives of the Government or public authorities act under the Bill in relation to the high seas, they will apply the UK’s existing environmental principles so that we do have that coverage?

I thank hon. Members for their contributions. I will make a couple of comments about the timing of amendments in the other place. There have been ongoing discussions with the devolved Governments. It is important to recognise this Government’s respect for the devolution settlements and our adherence to the principles underpinning the Sewel convention; we aim for them to be our core considerations and to inform how we work. We have been working closely with Scotland, Wales and Northern Ireland to get agreement on moving forward with this legislation together, and that was part of the reason for the delays.

Will the Minister give way?

I will make some progress.

I acknowledge the importance of moving ahead quickly with the Bill to ensure that we have a seat at the table for discussions with other parties to the agreement, including on MPAs. We wanted to ensure that the Bill’s provisions in devolved areas were watertight, which is why we had constructive conversations with the devolved Governments.

Part 2 obligations do not apply to fishing. The hon. and learned Member for North Antrim (Jim Allister) has left his place, but he can be reassured that the Northern Ireland Assembly will have concurrent powers to implement provisions in areas of devolved competence. Under part 3 of the Bill, the UK will be involved in MPA decisions and will carefully consider the impacts on fishing.

In relation to the comments raised regarding multilateral co-operation, I want to mention some ways in which we continue to work with other states to support ratification. We continue to be proactive in preparing for implementation of the BBNJ agreement, and we are committed to partnering with others, including the global south, to ratify and implement it. Indeed, the Foreign, Commonwealth and Development Office has worked with the Commonwealth Secretariat to support smaller member countries with their implementation work. The Department for Environment, Food and Rural Affairs has also published research that developed a shortlist of potential area-based management tools, including marine protected areas, that could be proposed once the agreement is in force.

My hon. Friend the Member for Rotherham (Sarah Champion) asked about the process of the Bill. Following the passage of the Bill, we will be laying two statutory instruments, one of which will define digital sequence information for the purposes of the BBNJ legislation. The other, along with an associated Scottish Government SI, will amend the marine licensing regime, where needed, to implement part 4 of the BBNJ agreement on environmental impact assessments. Those will be progressed as soon as the BBNJ Bill has received Royal Assent. Once the SIs have been passed, we will be able to ratify the agreement by laying the instrument of ratification formally at the United Nations in New York. We are keen to see that happen as quickly as possible, as I know my hon. Friend is.

The shadow Minister, the hon. Member for Fylde (Mr Snowden), asked about legislative consent motions. While foreign affairs and treaty making are reserved matters, implementing international obligations in domestic law is not reserved where those obligations concern devolved areas. Several provisions in the Bill, particularly in parts 2, 3 and 4, relate to matters such as environmental protection and scientific research, which fall within devolved competencies for Scotland and Northern Ireland. Consequently, the legislative consent motion process is engaged to varying degrees. The assessment of whether legislative consent motions are required for this Bill has been agreed across the relevant UK Government Departments, including the Scotland, Northern Ireland and Wales Offices, and in consultation with the devolved Governments.

The shadow Minister also asked whether there is a risk that requirements in Scotland for an environmental impact assessment for marine activities in areas beyond national jurisdiction might be different from those in other parts of the United Kingdom. It is the case that Scotland could choose to implement the requirements slightly differently. We will continue to work closely with the Scottish Government to ensure that differences are kept to a minimum and that the United Kingdom as a whole takes a consistent approach. That is very much in the spirit in which we have been working, collaboratively, to respect devolution settlements while recognising the importance of this agreement to both the Scottish and UK Governments. That has been an important part of how we have progressed.

I thank the Minister for answering my question on the potential for the Scottish Government to take a different approach to implementing the Bill. If ongoing conversations are under way, will the Minister tell us whether an indication has been given by the Scottish Government that they want to implement the Bill in a different way?

We are at the start of the process. The spirit in which we have been working, and the way in which we have reached agreement on how to work alongside the Scottish Government, are important to how we will continue to work going forward. In the light of those conversations, I believe that a collaborative approach will continue, because it is in all our interests.

Let me make some further comments in response to the hon. Member for South Cotswolds (Dr Savage), who speaks for the Liberal Democrats. I know that it is important to Members on both sides of the House that there is a separate process under way to agree a global plastic pollution treaty. Plastic pollution is a transboundary issue with its source on land, and it is appropriate for it to be addressed by a bespoke treaty for the full life cycle of plastics, including the phasing out of problematic products, improving waste management and reducing leakage. The BBNJ agreement focuses on conservation and sustainable use of resources in areas beyond national jurisdiction, and is therefore not best suited to addressing plastic pollution across the life cycle. However, the hon. Lady makes an important point, and it is a matter of concern across the House.

I very much welcome the Government’s showing commitment to global leadership on protecting the oceans by bringing this Bill through Parliament so quickly. Last week I joined Greenpeace on board its vessel Witness, which was docked nearby in London, and I heard about the devastation that bottom trawling can wreak on marine ecosystems. Will the Minister outline what steps the Government are taking to regulate, or preferably ban, this destructive fishing practice in our marine protected zones and elsewhere? It is a particular area of concern for my residents in Exeter.

That is indeed a matter of concern, and it has been raised in debates by Members from across the House. Although my hon. Friend will know that bottom trawling is not within the scope of the agreement, he will also be aware that we are consulting on restricting bottom trawling in more vulnerable marine habitats. It is important that the consultation and that work continue.

This is a landmark piece of legislation. It ensures that the UK can ratify the important BBNJ agreement and take full part in the conference of the parties. It contains measures that will not only safeguard marine ecosystems, but deliver real benefits for the UK’s research and innovation community. In January, I was pleased to visit the National Oceanography Centre in Southampton, to which the hon. Member for South Cotswolds referred. It is a world-leading institution, and it highlighted the value of this agreement in improving the visibility and transparency of UK-led marine research, as well as in strengthening international research collaborations. I want to put on record my thanks to the centre for its work and leadership.

I am sure that hon. Members will agree that the health of our oceans is inseparable from the health of our planet. Although we may not often see these ecosystems with our own eyes, the responsibility to protect them falls on all of us and on the wider international community. The BBN J Bill is the UK’s opportunity to rise to that responsibility, to safeguard fragile ecosystems, to support sustainable development, and to ensure that the benefits of ocean science are shared fairly and responsibly. The United Kingdom has always played a leading role in advancing global ocean governance. With this Bill, we have the chance to continue that leadership. The ocean cannot wait, and nor should we.

Lords amendment 1 agreed to.

Lords amendments 2 to 12 agreed to.

Business of the House (Today)

Ordered,

That, at this day’s sitting, proceedings on the motions in the name of Secretary Heidi Alexander relating to (i) High Speed Rail (Crewe – Manchester) Bill: Carry-over and (ii) High Speed Rail (Crewe – Manchester) Bill: Select Committee shall be brought to a conclusion no later than one and a half hours after the commencement of proceedings on the motion for this Order; the Speaker shall then put the Questions necessary to dispose of proceedings on those motions; such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved; proceedings on those motions may be entered upon and may continue, though opposed, after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Sir Alan Campbell.)