Biodiversity Beyond National Jurisdiction Bill

Lord Bishop of Norwich Excerpts

Tuesday 16th December 2025 Grand Committee

[Lord Teverson (LD)]

My Lords, I shall speak to my Amendments 8, 9 and 15. Amendments 8 and 9 would do a similar thing to my noble friend Lady Miller’s amendment, in that they would add to the licence conditions not just plastic—I agree entirely with my noble friend’s comments on that—but the proper protection of populations beyond national jurisdictions and the deep seabed. These amendments are the least probing ones to this clause. It would be very straight- forward to apply them to the Marine and Coastal Access Act 2009. A lot has moved on over the years, but these three areas—plastic, fisheries and the deep seabed—are hugely relevant now. These amendments would save the Government having to amend the 2009 Act on another occasion.

My Amendment 15 is more probing. Having said that, I feel very strongly about how we manage fisheries on the high seas. That is a huge problem. It is estimated that something like 40% of all stocks on the high seas are currently overfished. We have huge problems with by-catch of non-target species. Then there is something I used to know as Klondiking, which is the transfer of fish from smaller vessels to large factory vessels in the open sea; it is a method usually employed by illegal, unreported and unregulated—IUU—fisheries. This is a big issue.

The irony is that anybody outside this area of knowledge would probably be surprised that fisheries do not really appear in the BBNJ. What does it do? In effect, it says that we are going to delegate this issue to the management regimes that are out there now—that is, the regional fisheries management organisations—and let them get on with it as they have done in previous years. We are a member of five of those organisations: two to do with tuna, two to do with the Atlantic and one to do with salmon.

That work is important. The fact that the organisations are there is good, but their processes are rather weak, certainly in terms of enforcement, by-catch and data, because they can deal only with single species, rather than the biosphere or ecological systems as a whole. On trans-shipment and the lack of observers, there are no rules for any species other than the specific ones on which nations are agreed. There is a real issue here. If we want this treaty to be successful, and if we want our high seas to reflect our slightly better management of fisheries in our own EEZs, this area needs to be improved.

How do we do that? We could do it through better-supported state control and flag state control, providing enforcement and expanding their remit. As a maritime nation, the UK has an obligation to try to make these organisations work hugely better, in the spirit of international agreements on biodiversity beyond national boundaries.

This is particularly the case with IUU. I was privileged to be a board member of the Marine Management Organisation over six years. I remember an IUU case to do with tuna off west Africa. Proving it and getting what you needed to bring it to court was so complicated and difficult—though I understand why—that the regulator, the MMO, just did not have the money to do it. The potential offenders had much deeper pockets than the enforcers and regulators. In the end, as so often happens with these things, it went to HMRC under money laundering regulations.

I have one question for the Minister. How many successful prosecutions of IUU have there been recently? She could come back to me in writing. This is a really important issue. We are all in favour of stopping illegal, unreported and irregular fisheries, but the resources to do so are difficult to get. I would be interested to hear what success we have had on that recently and how the UK might strengthen the work of at least the five regional fisheries management organisations that we are a member of.

[The Lord Bishop of Norwich]

My Lords, I support Amendments 6, 8 and 10. I pay tribute to the Minister for the commitment that she is giving to the Bill. It is absolutely right that we align ourselves with the treaty and are able to be participants at the first Conference of the Parties. I thank her for the thoroughness with which she is going through it.

I do not want to repeat the excellent speeches that have been made, but on Amendments 6 and 10 in the name of the noble Baroness, Lady Miller of Chilthorne Domer, and Amendment 8 from the noble Lord, Lord Teverson, I think there is a role for the UK here in international thought leadership. I suspect that the Minister will resist these amendments, but I am keen to understand the Government’s ambition and what they want to see happen. If not within this Bill, where might areas, such as mineral extraction from the deep sea and plastics, play a part in their ambition to be a global leader on the environment?

On plastic pollution, we know that its durability means that it persists in the ocean. Noble Lords have mentioned seeing, on their holidays, bottles and other bits of marine plastic washed up on the shore. They take ages to break down, so it is vital that we prevent plastics going into river courses and oceans. According to the World Wide Fund for Nature, almost every species group in the ocean has encountered plastic pollution, with scientists observing negative effects in almost 90% of assessed species. It is vital that plastic pollution, because it is trans-boundary and moves within ocean currents, is included within international agreements, so what might His Majesty’s Government do to try to bring influence to that, so that the scourge of plastic pollution might be eliminated in our lifetimes?

Secondly, I speak in support of Amendment 8 from the noble Lord, Lord Teverson, which looks at the deep seabeds and how they are protected through the use of marine licences. We need to remember that the deep sea is the oldest and largest biome on earth, and of crucial importance. We have to stop the irreversible damage before it is too late. It is full of remarkable biodiversity, much of it still unknown, uncharted and awaiting the wonder of discovery. The marine sediments lock up carbon; they are great carbon sinks that need to be protected as well. Where is the Government’s ambition around the prevention of damage to the deep seabeds, particularly with the demands for extracting materials? Where is the thought leadership that is going to be provided?

[Baroness Coffey (Con)]

My Lords, Defra is attached to about 160 global treaties regarding various aspects of the environment, several of which have been discussed today. I want to support the amendment of the noble Baroness, Lady Boycott, regarding environmental principles. I am hoping the Minister will say that these will automatically apply—not regardless of whether the amendment happens, but because they are already in effect—because my interpretation of the Environment Act is that it should not matter where the policy is being applied. If it is UK government policy, then Ministers are supposed to be bound by the duties as set out. I cannot remember whether they were set out in 2022 or 2023.

I do not need to add anything to what the noble Baroness, Lady Young of Old Scone, said on her support for the MPA around the Chagos Islands and that territory. I recognise the importance, but it is worth thinking about some other issues that have been raised. Noble Lords may be rightly aware that multiple treaties already cover a number of these issues; they may be in place but not enforced as widely as we would like, particularly on EU fishing. They already extend to our international waters, not just what is within the economic zone.

One thing that may be helpful is a brief update on where we are with the plastics treaty, because the amendments tabled by the noble Baroness, Lady Miller, should be covered in that comprehensive new treaty. I know that negotiations got somewhat stalled in Geneva. I expect all parties are still trying to find a way forward, but it should deal in particular with disposal. With that, I hope that the Minister can give us assurances on a variety of issues.