Antarctic Bill

Jacob Rees-Mogg Excerpts

Friday 2nd November 2012 Commons Chamber

[Mr Cash]

For a few moments before that tragic statement, I was commending my hon. Friend the Member for Stroud for bringing in the Bill, for the manner in which he did so, and for the importance of the legislation. I also pay tribute to the hon. Member for Cambridge (Dr Huppert). As a scientist—if not the only one in the House—and as the Member for Cambridge he has put up a strong case, as has my hon. Friend the Member for Romford, for the continuation of the organisation that has carried forward the remarkable historical, geological and scientific achievements in Antarctica. It provides a framework for present and future scientific exploration and reflects the past.

I was fascinated to read an article—I think it was in yesterday’s Evening Standard—by the famous art critic, Brian Sewell, whom I find extremely engaging. He is one of our foremost art critics, and he described the photographs that were taken on the Antarctic expeditions as being of such immense quality that he ranked them alongside some of the greatest works of art. That is an astonishing statement when we consider that he was talking about photographs, rather than sketches, water colours or other paintings.

Those photographs are mainly held in the archives in Cambridge. I have had reason to look into those archives, and anything that can be done to maintain that institution is vital. I was also delighted to hear from other speakers that steps had been taken, notwithstanding the urgings of the hon. Member for Cambridge, to ensure that the collection remains intact and that the organisation should actively continue to perform the work that I am about to describe, which originated in the expedition of 1901-04.

The Bill has been explained by my hon. Friend the Member for Stroud in sufficient detail, but I would like to elaborate on one or two points. What is being proposed strongly reflects the heritage of the United Kingdom, as well as its endeavours, adventures and sense of commitment and exploration, and this Second Reading debate is an appropriate occasion on which to call attention to the heroism not only of Captain Scott, who so tragically died in the second expedition, but of the accumulated courage and endeavours of those who went on the first and second expeditions. It must have been astonishing, in 1901, for those pathfinders to go into those extremely hazardous conditions. They had a sense of adventure that the likes of Ranulph Fiennes perpetuate today. We owe those people an enormous debt.

Many people will have seen the film “Scott of the Antarctic”. Others might also have been to the exhibition about the Antarctic that was held in the annexe of Buckingham Palace. I am not sure whether it is still on, but if it is, I strongly recommend that people go and see it, because the photographs that I was just describing are displayed in it. The book that accompanied the exhibition is also fascinating; I think that His Royal Highness Prince Philip wrote the foreword to it. It is important to remember that those who went on the expeditions were not just a few people who wandered off to have an interesting time. We should always recall their sheer courage and the intrepid nature of their characters, as well as the hardship that they endured.

I want to refer to certain aspects of the Bill, before I go on to talk about the history of the expeditions. Clause 15 deals with historic sites and monuments. Under section 10 of the Antarctic Act 1994, it is an offence to

“damage, destroy or remove any part of a site or monument”.

However, it was thought that that prohibition could occasionally impede the effective conservation management of the sites. It has therefore been decided—rightly, I think—to enable the Secretary of State to grant a new form of permit in respect of the conservation of, or repairs to, designated historic sites and monuments.

Clause 16 is an important measure that deals with the conservation of animals and plants. I shall mention that again in a moment when I make reference to what went on between 1901 and 1904. I have with me the two volumes written by Captain Scott entitled “The Voyage of the Discovery”, and it would be appropriate to put on record one or two of the matters to which he refers. These books are quite difficult to get hold of, and this is a good opportunity for me to give the House an indication of what was going on at the time.

The 1994 Act contains a provision that makes it an offence to

“remove or damage such quantities of any native plant that its local distribution or abundance will be significantly affected…except in accordance with a permit…or under the written authorisation of another Contracting Party”

to the protocol. The provision also extends to native invertebrates, which is an important and necessary measure. Because of the vast wilderness of the Antarctic landscape, the plants and native invertebrates are essential to the preservation of the integrity of the environment, and it is important that nothing is done to damage them. It is also vital to maintain their presence there.

The 1994 Act also makes it an offence to introduce a non-indigenous species. That is to preserve the integrity of the existing continent, but there are provisions allowing for plants and animals to be kept on board vessels visiting Antarctica, provided that they remain on board. Of course, if we go back to the original expeditions, it would have created a few problems if it had not been possible for the explorers to take their dogs with them to pull the sledges. Amundsen’s expedition eventually won the battle by virtue of having his team of dogs with him. The difficulties that arose for Scott’s expedition meant that they were left having to pull the sledges by hand—quite a remarkable feat. The intensity of the cold and the distances were such that it was an amazing achievement that they managed to do what they did.

Other provisions on microscopic organisms are designed to ensure that we can develop certain native plants, while other provisions prohibit the introduction of non-sterile soil into any part of Antarctica. These provisions may seem unusual, but we have heard in the last few months about the destruction of the ash tree in this country, resulting from spores coming here from other parts of the continent— from Denmark in particular. In dealing with an area such as the Antarctic, it is essential to maintain the integrity of local species and not to have them contaminated. In practice I believe these provisions will turn out to be immensely important as the Bill is brought into effect and then into full operation.

I thought today might be an appropriate moment for this debate, given that some of us feel that the people participating in these expeditions were so intrepid and fearless. This is perhaps also reflected when we think of other great explorers, including my hon. Friend the Member for North Warwickshire (Dan Byles). As I understand it, he and his mother have been to the Arctic, and I believe from a speech he recently made in my constituency that he is going to the Antarctic, too, following in the footsteps of Robert Scott. I am sorry that my hon. Friend is not here—never mind, he probably has an important constituency engagement—but his journeys are fascinating. He used to be in the Army; he has rowed across the Atlantic with his mother; and he is now proposing to go to the Antarctic as well. He will be following in the footsteps of the other explorers that I am about to mention.

It is important to put on the record those whom Robert Scott acknowledged in his own book, “The Voyage of the Discovery”. He pays tribute to Sir Clements Markham, whom he describes as the father of the expedition and its most constant friend. One has to remember that, with Scott having died in 1912, no successor book was written about the second expedition. To feel the character and sheer quality of these expeditions, we can read the “The Voyage of the Discovery”, published in two volumes, to find out how Scott and his team of fellow explorers felt during the first expedition. I strongly recommend that anyone interested should take the opportunity to read it.

I have taken a particular interest in another aspect of this topic, not least because my wife’s family included a certain Thomas Kennar, who went with Scott to Antarctica as the quartermaster of the first expedition. Another young man, a petty officer, was pretty much seconded as the geologist to the national Antarctic expedition. I pay tribute to him as well. He was called Mr Ferrar, and in the book’s appendix 1, he set out a summary of the geological observations made during the cruise of the SS Discovery between 1901 and 1904. There is the now-famous Ferrar glacier, and I am glad to say that Mr Thomas Kennar was given the opportunity to use his name, too, so there is a valley in the Antarctic known as the Kennar valley. It could be said that we are pretty proud of that.

[Jacob Rees-Mogg (North East Somerset) (Con)]

In view of this habit of naming places after great men who have led fierce expeditions, I wonder whether Brussels should be renamed Cashland.

[Mr Cash]

It is very kind of my hon. Friend to suggest that, but if any such thing were ever done, I should prefer it to be done after we had defeated those in Brussels. Let us get that done first, and then we can think about some method of commemorating the event, if and when it occurs.

I thought that it would be helpful to give some idea of the sort of activities in which those on the expedition were engaged. There was, in fact, an important expedition within the expedition, which took place in October 1903. Scott writes: “Because the region in which much of our work lay was very beautiful and interesting, I propose to take the reader”—and, on this occasion, the House—“into the details of one more sledging excursion. The party with which I left the ship on October 12th 1903 numbered 12 members in all”, and he says who they were.

Scott led the advance party himself; the second party was led by the geologist Mr Ferrar, with whom went two men, Kennar and Weller. He says: “The original scheme was that the whole party should journey together to the summit of Victorialand, and it was said that there should be an absence of nine weeks calculated for the advance party.” To cut a long story short—[Laughter.] It is quite a long story, but I make no apology for that.

I do want to make one thing clear. Astonishingly, although they were completely lame and exhausted, those who had led the second party were determined to follow the first group. Scott writes: “Once or twice they halted to brew tea to keep themselves going, but not one of them had suggested the halt should be extended.” That was in absolutely incredible conditions. He goes on: “In the hard struggle of the last few hours, some of the men had kept things going by occasionally indulging in some dry remark which caused everyone to laugh. Kennar’s attitude had been one of grieved astonishment. Presumably referring to me, he kept repeating ‘If he can do it, I don’t see why I can’t…My legs are as long as his.’”

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[Philip Davies (Shipley) (Con)]

It is, as always, a pleasure to follow my hon. Friend the Member for Stone (Mr Cash). I cannot guarantee Members that I shall talk about anything as interesting as his wife’s family history, and I am sure we are all sorry that he cut his long story short, but perhaps we will hear the rest of it another time.

I congratulate my hon. Friend the Member for Stroud (Neil Carmichael) on being successful in the private Member’s Bill ballot and making progress with his Bill, and I am sure he will be heartened by the widespread support that it has received. I certainly do not intend to do anything to prevent it from making further progress today. Therefore, as is customary on these occasions, I shall try to keep my remarks relatively brief.

This Bill makes

“provision consequential on Annex VI to the Protocol on Environmental Protection to the Antarctic Treaty”

and amends the Antarctic Act 1994. That Act implements most of the Antarctic treaty requirements in domestic law, and this Bill seeks to implement further treaty measures.

The Bill has two parts. The first addresses liability and the annex, and deals with environmental emergency liability and the concept that the polluter pays. The second part amends the 1994 Act to allow the Foreign and Commonwealth Office to permit foreign nationals on British-led expeditions and to give additional protection for the Antarctic environment, including its marine life and other living creatures.

Antarctica is a fascinating and important continent. I think my hon. Friend the Member for Stroud had a Westminster Hall debate on the Antarctic.

[Jacob Rees-Mogg]

I am sorry for interrupting my hon. Friend so early in what I hope will be a fine and Gladstonian-length speech, but I was wondering whether the requirement to allow foreign nationals on British expeditions is a requirement of EU law, and whether, once again, the European Union is getting its grubby mitts on our legislative process.

[Philip Davies]

My hon. Friend makes a good point and, as he knows, I share his horror of the European Union sticking its nose into our affairs. His question might be best answered by my hon. Friend the Member for Stroud, as this is his Bill, but I think that provision is intended to allay the concerns of universities who might have foreign nationals on teams wanting to carry out research in the Antarctic. At present, the required process is quite difficult, and involves having to get foreign nationals’ own countries to sort things out. The idea is that it would be a lot easier for research institutions in this country if the British Government could sort everything out. My hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) is, however, always wise to be on the look-out for encroachment by the European Union, the consequences of which are hardly ever in our favour.

--- Later in debate ---

[Philip Davies]

I am grateful to my hon. Friend for that; he is as vigilant as ever on these matters. I understand why the mention of the Soviet Union drew his immediate thoughts to the European Union, as there is very little to choose between the two.

[Jacob Rees-Mogg]

Is my hon. Friend aware that the European Union has just issued a new logo with the hammer and sickle at the very top of it, which makes the connection explicit?

[Philip Davies]

I am sure that we are all grateful to my hon. Friend for that update, and that we are all alarmed, if not surprised, by that development.

In addition to the treaty signatories, we now have “other consultative parties”, such as Brazil, China, India, Germany, Italy, Holland, Finland, Sweden, Spain, and even Ecuador, Uruguay, Peru, Bulgaria, Poland and South Korea. There are also other “non-consultative parties”, including Austria, Belarus, Canada, Colombia, Cuba and the Czech Republic. I will not read them all out, Mr Deputy Speaker, but suffice it to say that plenty of other countries are also involved on a non-consultative basis.

The treaty parties meet each year at the Antarctic treaty consultative meeting, for the purpose of consulting and exchanging information on matters of common interest pertaining to Antarctica. The reasons for the treaty were competing territorial ambitions—my hon. Friend the Member for Romford (Andrew Rosindell) made much mention of those—and claims by various countries, including the UK, that sometimes overlapped each other. At the same time, Antarctic scientific research was becoming more important, which encouraged the need for the negotiation of a peaceful agreement establishing spheres of interest and the permanent presence of national teams conducting scientific research. The UK made its first territorial claim in 1908 and has had a permanent presence since 1943. As my hon. Friend the Member for Stroud said, our zone of presence is called the British Antarctic Territory, which was established to provide survey and meteorological information in the south Atlantic ocean—this is known as the British Antarctic Survey. The BAT is administered by the Foreign and Commonwealth Office and, as I am sure we all know, it is located in the coldest and windiest part of the Antarctic and it has no indigenous population.

The main objectives of the treaty can be defined as follows: to demilitarise Antarctica; to establish it as a zone free of nuclear tests and the disposal of radioactive waste; and to ensure that it is used for peaceful purposes only. That is set out in the introduction to the Antarctic treaty 1959, which states:

“Recognizing that it is in the interest of all mankind that Antarctica shall continue for ever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord”.

Nuclear explosions and the disposal of radioactive material are prohibited under article V(1). However, article V(2) states:

“In the event of the conclusion of international agreements concerning the use of nuclear energy, including nuclear explosions and the disposal of radioactive waste material”—

by—

“all of the Contracting Parties...the rules established under such agreements shall apply in Antarctica.”

Although, hypothetically, this might be allowed and executable, it is rather unlikely that all the parties to the treaty would agree on such actions at the same time.

The second objective is to promote international scientific co-operation in Antarctica, which we have heard quite a lot about today, so I will not dwell on that. The third objective is to set aside disputes over territorial sovereignty. The treaty preserves the incompatible views regarding territory that my hon. Friend the Member for Romford spoke about earlier, but prevents any action from being taken to create, extend, support or deny claims to territorial sovereignty. All these factors make the governance of Antarctica slightly more complex than anywhere else in the world. It is important to say that the treaty is already in force indefinitely.

As with other international treaties and agreements that have been adopted by a large number of states, more than 300 recommendations have been adopted by the Antarctic treaty parties which negotiated separate international agreements, of which three are still in use. These three treaties are collectively known as the Antarctic treaty system—ATS. The three international agreements are the convention for the conservation of Antarctic seals 1972, the convention on the conservation of Antarctic marine living resources 1980, and the protocol on environmental protection to the Antarctic treaty 1991. I will come to each of these separately.

What is important to all these agreements is the geography of Antarctica, to which my hon. Friend the Member for Stroud referred at the beginning of his remarks. He pointed out that the Antarctic was about one and a half times the size of the USA. It is also one and a third times the size of Europe. It is a huge area, bigger than China and India combined. The Antarctic icecap contains 90% of the ice on earth. It is almost impossible to live there, but Antarctica is well known for its biodiversity, which is one of the reasons why my hon. Friend is so keen on the Bill—whales, seals, mammals, emperor penguins, albatross, vertebrates and microscopic organisms are well adapted to the cold climate. In contrast with the Arctic tundra, the Antarctic tundra lacks large mammal fauna.

According to the convention on the conservation of Antarctic marine living resources, the first Antarctic marine living resources to be exploited were fur seals and elephant seals early in the 19th century. Subsequently great whales were hunted in Antarctic waters. Most, if not all, Southern ocean whales are migratory. They head into warmer waters during the Antarctic winter and the calves are born in these more hospitable seas, as they would struggle to survive in polar waters during their first few months. No native bird or mammal may be killed or captured without a licence from the competent authority. Thanks to the British Antarctic Survey, I know a great deal more about seals than I did before, but given that time is pressing, I will not indulge the House by passing on some of the facts that I learned about seals, but I commend my hon. Friends to read them.

[Jacob Rees-Mogg]

I am sure the subject of seals will be of great interest to the House. Will my hon. Friend make a copy of his research available in the Library?

[Philip Davies]

I am not sure the demand would justify making the research available in the Library, but I am happy to send it to my hon. Friend. He can do with it what he wishes. I would not want to trouble the House of Commons Library with it, although it is interesting.

The extremely cold and dry climate does not allow rich vegetation, but some flora exists on the continent, which creates the Antarctic tundra in some parts of the continent, particularly the Antarctic peninsula, which has areas of rocky soil that support plant life.

The protocol on environmental protection to the Antarctic treaty is of great importance to the Bill. A ban on mining was imposed in 1998. The protocol, which was introduced in 1998, will be reviewed in 2048.

Part 1 of the Bill introduces a number of new statutory duties on those operating in Antarctica, relating to appropriate response action, preventive measures and contingency planning and information. It will come into force when it is officially approved by all the consultative parties which signed up to annex VI in 2005. I would imagine that this would be quite a difficult and lengthy process as there are 28 separate signatories and it is hard to envisage that they would all be content with every single part of the Bill. Perhaps the Minister will tell us what progress has been made in getting agreement with all the consultative parties that signed up, because that could be one of the most difficult parts of bringing this into operation. In 2009, the previous Government launched a consultation on a draft Antarctic Bill, and the version that we see today deals with issues raised by that consultation and includes some of the subsequent recommendations.

Clause 1 says that

“the person who organised the activities must take reasonable, prompt and effective response action.”

I am not sure whether my hon. Friend has something precisely in mind on what would constitute such action—whether that would be left for the courts to decide, or whether the Government have formulated any definitions. At the moment, it is not particularly clear. The clause also says that the costs that would have to be incurred

“are the costs that the person would have incurred had the person taken reasonable, prompt and effective response action.”

That seems to be rather difficult to determine, and it would be helpful to know exactly how it would be done. How would we know exactly what the costs would have been if people had taken such action in the event that they are before the courts because they have not done so? I do not know whether my hon. Friend wants to deal with those matters now or in Committee.