Biodiversity Beyond National Jurisdiction Bill

Nusrat Ghani Excerpts

Monday 17th November 2025 Commons Chamber

[The Chairman of Ways and Means (Ms Nusrat Ghani)]

I call the shadow Minister.

[Andrew Rosindell (Romford) (Con)]

Thank you Madam Chair. It is a privilege, as always, to serve under your chairmanship. I am pleased to speak to the amendments tabled in my name and to those of His Majesty’s Government. I thank the Minister for her detailed explanation of the Bill, which we will all agree has been extremely helpful.

The Bill is a significant measure and commands broad support across the House. In plain English, if implemented correctly, the measures in the Bill could play a major part in protecting the two thirds of our planet that lie beyond any one nation’s control.

As I said on Second Reading, the United Kingdom has a proud record of global leadership in ocean conservation. Our island nation boasts the greatest maritime explorers and conservationists in history. I believe that we have always seen the oceans, which have been key to our national and international success story, as treasures that require protection.

However, as with all international frameworks, even those that are without controversy and especially those that confer upon our Ministers prerogative powers, the details really matter. The amendments proposed by His Majesty’s Opposition are by no means intended to undermine the Bill. Instead, they seek to strengthen it by ensuring that Parliament remains properly informed, ministerial powers are exercised accountably, and the new regulatory burdens placed on British science and industry are managed in a proportionate way.

The first of the amendments in my name relates to clause 7, which deals with reporting requirements under clauses 5 and 6 of the Bill. Those clauses concern, respectively, priorities of marine genetic resources and databases of digital sequence information. As drafted, clause 7 requires a separate report to be provided to the Secretary of State every two years from each repository and each database, detailing the number of times samples or data have been accessed, viewed or downloaded. Our amendment, simple though it may seem, would allow those two reports to be combined into a single report, provided that all the necessary information is fully included. It is a modest step to reduce duplication and unnecessary bureaucracy.

Many institutions, whether they be our universities, the Natural History Museum or the National Oceanography Centre, among many other institutions in this country, will operate both repositories and databases. It makes no sense to require two separate reports when a single consolidated report could serve exactly the same function. The scientists of our island home lead the world in marine biodiversity research. We should ensure that compliance with this new regime is as straightforward as possible, while still meeting our obligations under the agreement. The amendment, therefore, aims to strike a sensible balance between upholding the requisite protections prescribed by the treaty, while ensuring that we do not unnecessarily hinder our researchers, especially those belonging to smaller enterprises or university projects. I hope that the Minister will view it in that way.

Our second amendment introduces new clause 1, “Powers of the Secretary of State: review”, which would require the Secretary of State, within three years of the Act coming into force, to lay before Parliament a report on the exercise of the powers conferred by the Bill. The report would describe how those powers have been used, for what purposes, and, crucially, how effectively they have been implemented. It would also assess whether the use of those powers has aligned with the objectives of the international agreement itself

We live in a nation where Parliament is sovereign. While I respect that this is not a unique case, nevertheless Parliament is owed the right to proper scrutiny. The Bill grants extensive powers to the Secretary of State: powers to make regulations that could amend primary legislation, impose civil sanctions and even create new offences. Clauses 9 and 11, in particular, confer broad regulatory authority to implement future decisions of the international conference of the parties. It is entirely appropriate that Parliament should have the opportunity, after a period of operation, to review how those powers have been used. We have seen in other fields that delegated powers can expand far beyond what Parliament originally intended, so a statutory review clause would ensure that we learn from experience and recalibrate if necessary.

New clause 2 would enhance trust and, I think, trust in the treaty itself. The general public and Parliament want assurance that international obligations are implemented in the interests that have been set out by international agreements and, importantly, in our own national interest, and that the Government remain answerable to this House for the way in which they do so. I believe a report after three years is hardly an onerous expectation. It would create a constructive means of evaluating whether the mechanisms in the Bill are working as intended and strengthen rather than hinder the effectiveness of this legislation.

Amendment 5 concerns clause 12, which sets out the procedure for regulations under clause 11. Clause 11 allows the Secretary of State to make regulations in response to decisions taken by the conference of the parties under the agreement, including in relation to area-based management tools, such as marine protected areas, and emergency measures under article 24. Clause 11(3)(c) specifically allows the Secretary of State to charge fees in connection with the exercise of functions under those regulations. However, as currently drafted the Bill does not require those fee-setting regulations to be subject to the affirmative resolution procedure. Our amendment would correct that and ensure that any regulations enabling the Minister to set fees are subject to a level of parliamentary scrutiny.

Fees are in effect a form of taxation. They may affect universities, research institutes and private companies engaged in marine science or biotechnology. The sums may not be vast, but they are nevertheless material. It is only right that Parliament should have the chance to debate and, if necessary, amend or reject such regulations before they take effect. The affirmative procedure is a reasonable safeguard, and I hope the Government will agree.

Finally, I turn to new clause 2, which would require biennial reporting on the implementation and enforcement of the Bill. Under this proposal, the Secretary of State would be required to lay before Parliament a report every two years, beginning within two years of enactment, detailing how the Bill is being implemented and enforced. The report would include data on access to samples and digital sequence information; information on the number and nature of the enforcement actions; an assessment of the impact of the Bill on business, scientific research and the fishing industry; a summary of any regulatory changes made under the Bill; and an assessment of the impact of those changes. The intention of the new clause is to keep Parliament and the public informed about how this complex framework works in practice.

This Bill touches on sensitive and wide-ranging interests, such as environmental protection, scientific innovation, intellectual property and economic activity on the high seas. It is right that we protect biodiversity, but we must also ensure that the UK remains a place where science and enterprise can flourish, as they always have done before. Regular reporting would help us to understand whether the balance is being struck correctly.

Are our scientists able to conduct research without being bogged down in excessive paperwork? Are our marine industries able to operate competitively while meeting environmental standards? Those questions need to be answered. Are our enforcement agencies adequately resourced? That is another important question the Minister needs to reassure the House on. These are legitimate questions that will inevitably deserve answers. I believe that such transparency would demonstrate leadership internationally. The UK has always prided itself on being a model of good governance. By voluntarily reporting on our own implementation of the agreement, we can encourage other nations to do likewise.

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[Amanda Martin (Portsmouth North) (Lab)]

It is a privilege to serve under your chairmanship, Ms Ghani. I want to speak on this Biodiversity Beyond National Jurisdiction Bill both as the Member for a coastal community, and as someone who is truly fortunate to have dedicated environmental campaigners locally. I want to thank one constituent in particular, Viola. Her emails cover everything from ocean acidification to regenerative farming and the health of our chalk streams. Although I cannot always provide the answers that she needs, I thank her for her valued, informed and tireless campaigning.

Much of what Viola raises is exactly why this Bill matters. It matters for the important issues of pollution, harmful algae blooms in Langstone harbour, and the need to protect local bird species and our drinking water. We must be proactive on ocean heating, bottom trawling and the worrying tipping points we face in ocean acidification, as well as on regenerative farming, reducing pesticides, and protecting soil health, so that rivers, seas and pollinators can recover. Although this Bill focuses on biodiversity beyond the national jurisdiction, the principle is the same. What happens in our oceans—from the south coast to the high seas—affects us all. That is why the Government have tabled amendments to strengthen the Bill and provide clarity and accountability.

I particularly note Government amendment 1, which updates section 81 of the Marine and Coastal Access Act 2009 so that it accurately reflects the extended conservation responsibilities created by this legislation. This may seem technical, but accuracy matters, especially when we are embedding in law stronger protections for vulnerable marine ecosystems, including those far beyond our waters. Through this Bill, we will ensure that the UK plays a serious, leading role in implementing the high seas treaty, tackling the over-exploitation of shared oceans, and improving transparency and reporting. Government amendment 2, which tightens the environmental impact assessment provisions, will help to ensure that the framework that we set up is robust, enforceable, and capable of delivering real biodiversity gains beyond our borders.

While stakeholders may not always agree on how best to align planning reforms with environmental goals, we have a shared mission to restore nature, not merely preserve what is left. This Bill is one part of that mission. By strengthening the UK’s hand in protecting biodiversity on the high seas, the Bill reinforces the protection we all want to see everywhere from Langstone harbour to Antarctica. It demonstrates leadership and this Government’s commitment to restoring nature on every scale.

[The Chairman of Ways and Means (Ms Nusrat Ghani)]

I call the Liberal Democrat spokesperson.

[Dr Roz Savage (South Cotswolds) (LD)]

It is a pleasure to serve under your chairmanship, Ms Ghani. I am honoured to support the passage of this Bill, along with my Liberal Democrat colleagues. It is a real pleasure to see people across the House who have been long-time champions for the ocean. Many people would have liked to have been here tonight, but are forced to be absent by COP30. They will be watching from afar and wishing us well.

I thank the Minister for taking us in detail through the provisions of the Bill, and the shadow Minister, the hon. Member for Romford (Andrew Rosindell), for setting out his amendments. It perhaps falls to me to remind those in the House and beyond of just how significant a step this Bill takes. It may not be enough to save the oceans from their catastrophic decline in health, but it is certainly a big step in the right direction.

The oceans cover two thirds of the planet. The high seas—the areas of the ocean beyond national jurisdictions —make up nearly half the world’s surface and much of its liveable volume. Up until now, they have existed in a legal grey zone, vulnerable to exploitation, and they certainly have been egregiously exploited. The high seas are essential to life not just in the seas, but on dry land, too. With this Bill, the UK finally places itself in a position to uphold the new global agreement to protect ocean biodiversity. It is long overdue and much damage has been done, but it is none the less deeply welcome.

We often speak about forests and land ecosystems, yet the ocean is the Earth’s most powerful driving force, regulating our climate, generating oxygen, absorbing carbon and heat, feeding billions, sustaining cultures and anchoring our weather systems. As anyone who has spent much time out there knows, the ocean’s power is matched only by its fragility. During my crossings of the Atlantic, Pacific and Indian oceans, I came to understand the sea in an intimate way. Alone in a small boat, weeks or months from the nearest coast, you are immersed in the rhythms of the ocean, with its long rolling swells, the astonishing wildlife that appears from the deep, and the immense silence that settles when the wind drops away to nothing. At times, the ocean felt overwhelmingly powerful, and at others unexpectedly tender.

The lessons that I learned on the ocean have stayed with me, especially the lesson that survival depends not on domination, but on partnership. It is not survival of the fittest; it is about the species that fits in best with its surrounding ecosystem. Humans would do well to remember that. That is why I am particularly heartened to see that today we have genuine cross-party alignment. When Parliament chooses collaboration over confrontation, we show what is possible. It echoes the spirit that I felt when I first introduced the Climate and Nature Bill earlier this year, and I give huge credit to my co-sponsors, a genuinely cross-party group of Labour, Conservative, Lib Dem, Green, SNP and Plaid Cymru MPs. That consensus across the House was based on the understanding that long-term environmental policy works only when it transcends party politics, rather than being used as a political football. I am proud that the Climate and Nature Bill campaign contributed to the ratification of this treaty, and I commend the Government on following through on their promise to all the hard-working campaigners.

We must recognise the headwinds internationally and domestically. Some voices are questioning climate ambition, watering down commitments or treating environmental progress as optional. We cannot afford that drift. Climate and ocean policy must be future-proofed against short-term politics. Nature does not bend to electoral cycles.

--- Later in debate ---

[Seema Malhotra]

I beg to move, That the Bill be now read the Third time.

If there is one message that Members should take from today’s debate, it is that this Bill is essential—essential to protecting the ocean, advancing marine science and ensuring that the UK continues to lead ocean protection efforts on the international stage. This is a landmark piece of legislation. It will, along with the subsequent secondary legislation, enable the United Kingdom to ratify the biodiversity beyond national jurisdiction agreement to protect marine biodiversity in the two thirds of our ocean that lie beyond any one nation’s control.

The Bill means that the UK can play its full part in shaping a fair, science-based international system for areas beyond national jurisdiction, one that balances conservation, sustainable use and global collaboration. It delivers on our international commitments and ensures that British scientists, institutions and innovators remain at the forefront of ocean research and biotechnology.

Let me take this opportunity to thank Members across the House for their thoughtful contributions and scrutiny of the Bill at every stage. The work of the all-party parliamentary group for the ocean and of environment Committees has been crucial to keeping the Bill high on the agenda. I am grateful to those who spoke on Second Reading, have taken part in the Committee of the whole House and have engaged constructively throughout. I would also like to thank my hon. Friend the Minister for Water and Flooding for her support throughout the passage of the Bill.

I also thank officials from the Foreign, Commonwealth and Development Office, the Department for Environment, Food and Rural Affairs and the Department for Transport, whose expertise, along with that of parliamentary draftspeople and other officials across Government, has underpinned the Bill. I thank, too, the devolved Governments for their engagement on the Bill and legislative consent processes. Finally, I acknowledge the scientific community, from the National Oceanography Centre to the National History Museum, and our universities, which have been pivotal in presenting the need for this legislation.

Let us be clear why this Bill matters. The ocean regulates our climate. It sustains global fisheries. It provides half the oxygen on Earth. Protecting it is not just an environmental choice; it is an economic, scientific and moral imperative. The previous Government began this process by signing the BBNJ agreement in 2023, but they delayed bringing forward legislation. This Government are now finishing the job, taking the necessary steps to implement their obligations in UK law and to ratify the treaty.

By passing this Bill, the House will send a clear message that the United Kingdom will continue to lead the world in the protection of our shared ocean, that we stand with our partners to deliver a healthy, sustainable ocean and that we will do so grounded in science and international co-operation. This is our responsibility today and for future generations. For those reasons, I commend the Bill to the House.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.