Biodiversity Beyond National Jurisdiction Bill

Baroness Miller of Chilthorne Domer Excerpts

Committee stage
Tuesday 16th December 2025 Grand Committee

[Lord Teverson (LD)]

My Lords, I was feeling quite confident that we would wholly outnumber the government Benches, but then I saw all the people at the back and thought maybe not. We will get good answers to our questions anyway, that is for sure.

As we all said at Second Reading, this is an important, good treaty, around which we need an implementing Bill. I will move Amendment 1 but will also speak to Amendments 11 and 20, to make matters easy for the Grand Committee.

Amendment 1 is very much a probing amendment. From our Benches, we very much welcome the information- sharing and benefit-sharing aspects of the treaty, particularly around marine genetic resources and digital sequence information. This principle covers the sharing of those physical, biological and information resources to all nations. That is important and something we would very much agree with.

However, a number of nations will not ratify this treaty. At the moment the non-ratifiers include the United Kingdom—I am pleased to say the Government are soon to put that right—China, India, Turkey, Malaysia, Brazil, just to mention a few, and not least the USA. All those nations have signed the treaty, but the United States Administration have made it pretty clear that it they not going to ratify it, perhaps not surprisingly given that they have not even ratified UNCLOS. My concern is that there are ways of bypassing these provisions on information-sharing and benefit-sharing by offshoring, if I could use that phrase, to non-ratifying states, particularly the United States, which has a huge history and a good reputation on innovation, venture capital and all the other areas making sure that human progress moves forward.

My concern is that organisations or persons—whether companies or individuals—that would otherwise be British based will perhaps find a way to capture intellectual property and knowledge within other jurisdictions. My question is: have the Government thought about this and is there a way of approaching it? I am not saying that it is necessarily easy, but I would be interested to hear the Minister’s comments on how that might move forward.

My Amendments 11 and 20 are about flags of convenience. Let us look at some of the issues. I am concerned about enforceability. As noble Lords will be aware, 45% of total marine tonnage—vessels above 100 gross tonnes in weight—are registered to just three nations: Panama, the Marshall Islands and Liberia. All of them have already ratified the BBNJ treaty, so that gives me some consolation. However, as to enforceability, the irony of this treaty, in some ways, is that it relies on UNCLOS, one of the core values of which, throughout the history of marine commerce on the high seas, is that you cannot intervene on vessels with flags other than your own unless you have the permission of those flagged authorities. That is almost impossible to do, so enforcement on the high seas is extremely difficult. We may not be talking about supertankers or the big freighters in terms of biodiversity, but we are talking about research vessels, which are still subject to the same restrictions for intervention on the high seas. Those remain despite the treaty, unless there is a broader agreement, but I cannot see that the treaty allows for the boarding of vessels of other nations on the high seas.

One of the areas that came out a couple of years ago from the International Relations and Defence Committee was that the UK had not signed or ratified the UN Convention on Conditions for Registration of Ships. I am not saying that that is an answer to everything, but it would be a great service if the United Kingdom, with its influence through the IMO and other organisations, were able to revive that treaty, which only has some 15 ratifications but needs 40 to come into effect. What I am looking at here is for the United Kingdom to take this forward. We are 27th in terms of internationally registered tonnage, so we are a small fleet despite being an international, global and maritime nation. Can the Minister say whether there is a way that we can start to repair this situation, because enforceability, under the current rules of UNCLOS and even under the BBNJ treaty, is going to be extremely difficult? I beg to move.

[Baroness Miller of Chilthorne Domer (LD)]

I will speak to Amendment 3 in this group on the UK’s capacity to comply with Article 5 of the BBNJ, which is about capacity building—building the international capacity to understand the problems and issues and to develop solutions.

The UK is particularly well placed to do that because we have the National Oceanography Centre in Southampton and Liverpool, which is a centre of excellence, providing all sorts of leadership and national capabilities in ocean research. We have the Plymouth Marine Laboratory, which is leading in its field of marine science research and is recognised as a centre of international excellence in marine ecosystems. In Scotland, we have the Scottish Association for Marine Science and the excellent Sea Mammal Research Unit at the University of St Andrews, which is the UK’s main centre for marine mammal science. I have not included an absolutely full list of all the centres, so it might be a bit invidious, because there are other places that do a lot of work in this area and are excellent—those are just three examples. We have a special responsibility to share our capacity with the geographical locations that will be making an effort to comply with the BBNJ treaty but do not have anything like the history and knowledge base that we have.

One example I could give would be the Sargasso Sea, which is 4 million square kilometres in area—when I read that, I thought it unlikely to be so large, but I double-checked and it is—with Bermuda at its heart. It would be hard to overstate the importance of the Sargasso Sea in biodiversity terms. It is globally significant and is threatened in lots of ways, particularly by overfishing, obviously, but also by mining. Bermuda, for which the sea is critical, has worked hard to achieve, for example, the Sargasso Sea Commission in 2014. As the treaty implementation gets under way, the UK has not only to help capacity-build the science there to start solving some of the Sargasso Sea’s issues but to set the agenda internationally, because although the treaty affects Bermuda so crucially, as an overseas territory it has no direct voice at the UN. We need to use our voice and scientific capability to help not just Bermuda but all those overseas territories that are so critical, given the fact that the ocean and its currents are global.

[Lord Callanan (Con)]

My Lords, I thank the noble Lord, Lord Teverson, for leading this group. I will start by speaking to my own Amendments 2 and 17, before addressing Amendments 4 and 5 in the name of my noble friend Lord Fuller, who sadly cannot be in the House today.

Amendment 2 is a straightforward probing amendment which seeks to understand what steps the Government will be able to take to prevent genetic samples being accessed by hostile state actors. We know that much of the deep ocean has yet to be researched, and the impact of future discoveries on key sectors such as the life sciences may well be significant. In certain circumstances, we would not want discoveries shared with state actors who may use them against us and against our interests. Can the Minister set out the contingency powers that Ministers have to prevent the sharing of critical genetic samples in those circumstances?

My Amendment 17 follows on closely from the debates that were had in the House of Commons. The Bill contains a large number of regulation-making powers to allow the UK to remain compliant with the decisions made by the Conference of the Parties under the treaty. This amendment simply seeks to improve transparency and parliamentary accountability by ensuring that there is a regular update on core metrics, such as the details of regulatory changes and the impact of them on relevant sectors. When Parliament grants Ministers wide-ranging powers in legislation, it is only right that we put in place the appropriate transparency and accountability requirements. While the Minister may not be able to accept this amendment today, I hope that she will be able to set out more fully the Government’s plans to ensure that Parliament, and consequently the British public, have access to information on the way that Ministers are using the powers that the Bill has granted them.

Amendment 4, in the name of my noble friend Lord Fuller, seeks to probe the impact of the treaty, including the imposition of marine protected areas over the deep ocean, on the economy and on infrastructure. As the Minister knows, we signed this treaty when we were in office, and at the time we were satisfied that the treaty struck the right balance. However, it would be interesting to hear what further work the Government have done more recently to assess the projected impact of marine protected areas on the economy, in particular through restrictions on certain shipping activities. Can the Minister please expand on that?

Amendments 5 and 5A relate to craft that are not members of the class societies for shipping. My understanding of my noble friend’s amendments in this regard is that they are designed to facilitate a debate on the so-called dark fleet. According to a February report from the Institute for Human Rights and Business, some estimates claim that there are now 1,400 vessels in the fleet, which would be up to 10% of the world’s tanker fleet. The Kyiv School of Economics estimates that Russia alone has invested nearly $10 billion— €9.26 billion—to set up a ghost fleet of several hundred vessels, estimated at nearly 600 ships in July 2024. These, of course, are the ships that transport Russia’s oil, helping to support its illegal war in Ukraine.

Can the Minister set out the Government’s thoughts on how this treaty might help us tackle the dark fleet, as well as what steps the Government are actively taking to prevent the operations of illegal shipping? I hope that the Minister will be able to take our concerns on board across these amendments; I look forward to her reply.

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Moved by

[Baroness Miller of Chilthorne Domer]

6: After Clause 11, insert the following new Clause—
“Plastic pollution and marine biological diversity of areas beyond national jurisdiction(1) The Secretary of State must, in exercising functions under this Act, have regard to the risks to the marine biological diversity of areas beyond national jurisdiction arising from plastic pollution, in accordance to the preamble to the Agreement.(2) The Secretary of State must prepare and publish a statement (“the plastic pollution statement”) setting out—(a) the Government’s assessment of the actual and potential impacts of plastic pollution on the marine biological diversity of areas beyond national jurisdiction,(b) the measures the Government proposes to take, through the exercise of functions under this Act and other enactments, and through co-operation in relevant international organisations and bodies, to prevent, reduce and monitor such pollution, and(c) how those measures are intended to contribute to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and to the objectives of the Agreement.(3) In particular, the statement must address—(a) how the United Kingdom will, as appropriate—(i) co-operate with the International Maritime Organization and other competent international organisations to promote the adoption and effective implementation of mandatory measures to prevent and respond to plastic pollution from ships;(ii) support the development of regionally and globally coordinated monitoring, reporting and data-sharing on plastic pollution, including its presence in areas beyond national jurisdiction;(iii) encourage best practice standards across the plastic supply chain, including in relation to the containment, packaging, labelling and handling of plastic intended for transport by sea;(b) any proposals to support capacity-building, technology transfer and scientific research related to the detection, tracking and mitigation of plastic pollution in areas beyond national jurisdiction, in co-operation with developing States.(4) In preparing and revising the plastic pollution statement the Secretary of State must consult—(a) the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland; (b) such persons as the Secretary of State considers representative of the scientific community, civil society, affected coastal communities and industry sectors involved in the manufacture, handling, shipping and use of plastic;(c) such international organisations and bodies as the Secretary of State considers appropriate.(5) The Secretary of State must—(a) publish the first plastic pollution statement within the period of 12 months of the day on which this Act is passed, and(b) lay the statement, and any revised statement, before Parliament.(6) The Secretary of State must, at least once in every Parliament, review the plastic pollution statement and, if appropriate, revise it.”Member’s explanatory statement
This new clause requires the Secretary of State to assess and respond to the risks posed to marine biological diversity in areas beyond national jurisdiction by plastic pollution arising from activities under UK jurisdiction or control.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, this amendment and Amendment 10 are concerned with plastics pollution. Amendment 6 would require the Secretary of State to assess and respond to the risks to marine biodiversity of plastics pollution that arise from activities that are either under UK control or within UK jurisdiction. This is especially important given that the global treaty on plastics is stuck in dispute.

Plastics pollution in the oceans is subject to ocean currents and the polluter, the originator of that plastic, is often in a very different part of the world from the polluted seas and beaches that result from it. The first time this struck me with such force was when I was in Mexico in the biosphere known as Sian Ka’an, in Yucatan. There were incredibly unspoiled, amazing beaches and very little population. I could not understand why the beaches were covered in plastic, especially plastic shoes. They were sweeping up from South America on the currents.

As the BBNJ comes into effect, besides an effort to lessen what goes into the ocean, it will need, and has provision to include, remediation and removal activities. The agreement sets out the process for the submission of proposals by states and the review of the same. Does the UK yet have proposals that it intends to submit? What is the UK doing on ocean plastics and what does it need to do?

The UK is very active in the International Maritime Organization talks working towards future mandatory rules to reduce risk from nurdles—plastic pellets that are transported by sea in freight containers. The Government have also supported the global plastics pollution treaty, which I referred to earlier, are seeking commitments to reduce all sorts of plastics entering the oceans and have developed standards through the BSI.

All of that is very positive, but they have not yet introduced binding national legislation to prevent nurdle loss. This is very topical, because of that huge loss that ended up on Camber Sands from a sewage plant. The UK has no binding laws that specifically regulate the transport, storage, reporting or mandatory spill prevention of plastic pellets in the way that the EU’s new plastic pellet regulation does. I know that UK Ministers have said that there are no current plans to align UK regulations with the EU’s stricter pellet transport regulations and storage requirements, but will the Government rethink this in the light of joining this treaty? That is another example of where we could take much better action now that we are part of a treaty that concerns the oceans.

Ultimately, we have to switch from using so much fossil fuel-based plastics to using biodegradable plant-based products, and renewable energy in place of fossil fuels, so that our oceans stop warming and acidifying. The two things are incredibly linked. It is a multi- generational challenge, but this treaty is a terrific step on the road. I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

I very much support Amendment 6. In fact, most of the amendments in this group are sensible. Forgive my ignorance, but surely if we pass the criteria for the international treaty, what is to stop us adding things to the Bill? Is there anything? We could, could we not? It would be irrelevant for the international treaty, but relevant for our Government. Quite honestly—I am looking around the table at all these plastic bottles—our plastic use is horrendous. That is what this amendment is about. It is within the scope of the Bill and speaks directly to the aim of what we are trying to do.

The agreement’s preamble is clear. It recognises the need to address biodiversity loss in the ocean caused not just by climate change but by pollution, specifically plastic pollution. In other words, plastic is not just a side issue here; it is identified as one of the core pressures driving the destruction of marine biodiversity in areas beyond national jurisdiction.

Plastic pollution is now found throughout the ocean, from the surface to the seabed, in some of the most remote parts of the seas. It causes injury and death, enters the food chain as microplastics and adds further stress to ecosystems already under strain. One floating patch of plastic out on the remote sea is three times the size of France. It is not the only giant patch. We are producing roughly the same weight of plastic each year as the weight of humans on the planet, and that is projected to keep going up. I do not know who put these plastic bottles here, but can we please complain about that? What is wrong with refilling glass bottles? I do not understand why we would add to the problem.

Amendment 6 is about making sure that, when we have a chance to make a difference and improve our sea, we can do so. The Government need to set out how they will assess and respond to the risks that plastic pollution poses and how the UK will work with international partners to reduce and monitor that harm. The amendment would help ensure that the UK takes every opportunity to lead rather than leave a recognised threat unaddressed.

Having suggested that the UK could lead on this, I feel it is rather undermined by the fact that most of our own marine protected areas are barely protected at all. There is bottom trawling, dredging and overfishing. We need to sort that out for ourselves. Signing up to international treaties is brilliant—it is good to work with other countries—but not if we cannot even manage our own resources. The five-year review is fantastic, but what about a five-year review of our own marine protected areas? The human use of plastic and fossil fuels is driving our destruction. I do not understand why the whole House cannot see that—in fact, the whole population.

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[Baroness Chapman of Darlington (Lab)]

The noble Baroness is right; I did not reply to that point. She will be neither surprised nor pleased to hear that that is not the Government’s intention. We want to get this Bill through in order to get on with being able to participate in the Conference of the Parties. The view of Defra Ministers is, I think, that we ought to consult on or consider any additional measures in the light of other decisions being made. I know that that is not what the noble Baroness wants to hear today—I hope that she does not interpret this as any disinclination from the Government to move forward on the things that I know matter so much to her—but that is not what we want to do with this piece of legislation.

[Baroness Miller of Chilthorne Domer (LD)]

My Lords, I thank everybody who has spoken and brought their insights and expertise to the debate. I am very glad that it emphasised the issues around overfishing; it will be quite a task for the BBNJ treaty to get anywhere with that, because it is such an issue. The noble Lord, Lord Callanan, mentioned the sheer size of the Chinese fleet.

I thank the Minister for listing the actions that this country is taking on domestic plastic, particularly on its reduction. She will forgive me if I missed it, but I think that there was a question on what is happening now with the global plastics treaty. I take it that there is nothing further to say on that because it is still in discussion; we await some news on that.

On overfishing, we often talk about the fish stocks that we eat, such as tuna or salmon, but one that often comes up when you talk to experts is krill, because it is at the absolute bottom of the food chain. I hope that, if there is a chance to take issues to the next COP, the UK might choose to raise the issue of krill, on which the whole food chain depends.

In the meantime, I thank the Committee for this debate and beg leave to withdraw my amendment.

Amendment 6 withdrawn.