Biodiversity Beyond National Jurisdiction Bill

Seema Malhotra Excerpts

2nd reading
Thursday 16th October 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (Seema Malhotra)]

I thank the shadow Ministers and hon. and right hon. Members across the House for their thoughtful and constructive contributions to the debate. It has been encouraging to hear the broad support for this important piece of legislation, and to hear the expertise, both from Members’ life experience prior to coming to this House and from the extensive work of our Committees over a long period of time.

I want to recognise the work of a number of the key stakeholders involved in informing the debate, some of whom I was able to speak to in the course of preparing for today, including the Marine Conservation Society, Greenpeace, Oceana, the Pew Charitable Trusts and the Blue Marine Foundation. I want to make a cheeky remark towards the right hon. Member for Wetherby and Easingwold (Sir Alec Shelbrooke), for whom I have a lot of respect, in that he suggested he could make up for the fact that there were no Conservative Back Benchers here during the debate, but indeed he made a useful contribution. That is important, because this should be a whole-of-House debate. It is important to recognise that we are continuing work that was started under the previous Government and that we supported all the way through. It is important that Members from all parties are present as the Bill starts its passage through the House, because as I will set out, it is important to inform the implementation and the ongoing debate.

I will draw on and respond to the contributions that have been made during my remarks. In particular, I know that the hon. Member for South Cambridgeshire (Pippa Heylings)—whose comments, based on her extensive experience, were very much respected by the House—will make a great contribution during the passage of the legislation. She also talked about the importance of multilateralism and how we play our part with others around the world. My hon. Friend the Member for Rotherham (Sarah Champion) has experience of chairing a number of APPGs and has made a long-standing contribution. I will come back to some of the points she raised, but it was helpful to hear from her early in the debate.

We also heard from my right hon. Friend the Member for Islington South and Finsbury (Emily Thornberry)— I will come back to some of the points she raised—my hon. Friends the Members for Bristol East (Kerry McCarthy), for Chesterfield (Mr Perkins), who chairs the Environmental Audit Committee, for Brent West (Barry Gardiner), for Exeter (Steve Race), for Glasgow North (Martin Rhodes), for Calder Valley (Josh Fenton-Glynn), for Cannock Chase (Josh Newbury), for Derbyshire Dales (John Whitby) and for Chatham and Aylesford (Tristan Osborne), and the hon. Members for Bath (Wera Hobhouse), for South Cotswolds (Dr Savage), for Ely and East Cambridgeshire (Charlotte Cane) and for North East Hertfordshire (Chris Hinchliff). That goes to show that we have had a whole-of-nation debate.

Before I turn to my more detailed remarks, I want to make a point about young people and the next generation. The important point was made that the oceans do not have voters, but when I think about the issues that are most important to young people, including in primary schools in my constituency, the health of our oceans and how we protect our environment are very high on the agenda. The oceans have their supporters across all generations, and that is important.

Let me start by reminding the House why this Bill and the BBNJ agreement matter. The BBNJ agreement is a huge step towards protecting our shared ocean. It will enable greater conservation of the two-thirds of the ocean that lies beyond national jurisdictions and will support the delivery of the Kunming-Montreal global biodiversity framework, which includes the target to effectively conserve and manage at least 30% of the ocean by 2030. Environmental degradation could lead to huge economic costs globally, making ocean conservation a long-term economic imperative, too. The agreement supports the UK’s wider climate and nature agenda, ensuring that we remain at the forefront of global efforts to tackle biodiversity loss and climate change through multilateral co-operation. It also strengthens the role of international law and multilateral institutions, and reinforces the UN convention on the law of the sea as the foundation for global governance.

There are also clear opportunities for the UK, which has one of the world’s leading marine scientific research communities. World-renowned institutions in the UK, such as the National Oceanography Centre, the Marine Biological Association and our leading university marine science departments, are at the forefront of ocean research and will greatly benefit from provisions in the agreement that promote transparency and data sharing around marine genetic resources. The Bill, along with the secondary legislation that will follow, will deliver on our commitment to ratify this historic agreement.

Let me turn to some of the points raised in the debate, and I will aim to answer as many questions as possible. In relation to the Chagos islands, this deal will help to protect the unique environment of the Chagos archipelago. Both the UK and Mauritius have committed to protect what is one of the world’s most important marine environments, and that commitment will be supported by an enhanced partnership between both countries, under which the UK will support Mauritius’s ambitions to establish a marine protected area that protects the globally significant ecosystems in the Chagos archipelago. The UK’s support for this will be agreed in a separate written instrument as part of the implementation of the agreement, and Government officials have already begun discussing with their Mauritian counterparts what it will involve. This has been welcomed by leading conservation NGOs, including the Zoological Society of London, and both the UK and Mauritius attach great importance to the need to protect marine biodiversity, including the fight against illegal fishing.

It is worth mentioning that under the treaty, the UK will continue to manage environmental protection on Diego Garcia and the surrounding 12 nautical miles. That shall be undertaken in accordance with applicable international law and with due regard to applicable Mauritian environmental laws. The Minister for Europe, North America and the overseas territories, my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), is at the heart of these discussions and has been leading on maritime protection in the overseas territories through expansion and confirmation of funding for the blue belt programme and our work in the polar regions. He has met scientists in the Cayman Islands and Bermuda last month and on board the royal research ship Sir David Attenborough to discuss their crucial work in the Antarctic and Arctic. We are doing crucial work on the convention for the conservation of Antarctic marine living resources, which I am sure will be the subject of further debate in the House.

[Andrew Rosindell]

I thank the Minister for speaking about the points made about the British Indian Ocean Territory by myself and others, including the Chair of the Foreign Affairs Committee, the right hon. Member for Islington South and Finsbury (Emily Thornberry). The marine protected area was established by the Government of Gordon Brown at the tail end of the last Labour Government. It is a vital area that we need to protect. What guarantees can she honestly say we are getting that, if we are to hand over the sovereignty of the Chagos archipelago to Mauritius, Mauritius will protect it in the same way we have done under both Labour and Conservative Governments?

[Seema Malhotra]

I reiterate what I said: both the UK and Mauritius attach great importance to the need to protect marine biodiversity. Indeed, the UK will still have responsibility for managing environmental protection on Diego Garcia and the surrounding 12 nautical miles, and discussions are ongoing in relation to the establishment of the marine protected area, which will be the subject of a separate written agreement. I cannot speak further on that, because I want to go through other points, but I am sure the Minister of State, Foreign, Commonwealth and Development Office, my hon. Friend the Member for Cardiff South and Penarth will be happy to discuss this matter further in the House.

The hon. Member for Romford (Andrew Rosindell) raised the issue of protecting intellectual property rights. The Secretary of State will not transmit information to the clearing-house mechanism that would be protected under intellectual property or trade secrets law. I am sure the hon. Member will be aware of that from his reading of the Bill.

A number of Members spoke about the process and implementation. This is a very significant step, as we move to ratify the agreement at the United Nations, which will happen following the passage of the Bill and associated secondary legislation. Indeed, it is a huge step towards protecting our shared ocean. It will provide the legal framework necessary to implement the BBNJ agreement domestically, ensuring the UK is able to comply fully with its international obligations under the agreement. The Bill and subsequent statutory instruments will ensure that we can implement and enforce future decisions of the conference of the parties.

At international level, a preparatory commission has been established to prepare for the convening of the first conference of the parties. The UK has been fully engaged in the work of the preparatory commission, including co-chairing a working group on the design of the clearing-house mechanism with Barbados. That will lay the groundwork for a successful first conference of the parties, which will enable parties and stakeholders to progress work on the ambitious implementation of the agreement.

In her opening remarks, my the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Kingston upon Hull West and Haltemprice (Emma Hardy), referred to the consultation that we have had on bottom trawling, as well as to the work we are doing on proposals to restrict bottom trawling in more vulnerable marine habitats. The Government have outlined plans to restrict damaging fishing activity in marine protected areas, where that is needed to protect designated species and habitats. A number of Members mentioned plastic pollution, and the Government participated in the UN Intergovernmental Negotiating Committee on Plastic Pollution to develop an international legally binding instrument. It is disappointing that an agreement was not reached at the resumed fifth session in Geneva in August, but we continue to work on it. Indeed, we are a founding member of the High Ambition Coalition to End Plastic Pollution.

The hon. Member for South Cotswolds raised the matter of institutional co-ordination, and I confirm that the FCDO ocean policy unit will be the national focal point, working closely with DEFRA and the Department for Transport.

My hon. Friend the Member for Bristol East asked about deep-sea mining. The UK supports a moratorium on the granting of exploration contracts for deep-sea mining projects by the International Seabed Authority. That means that we will not sponsor or support the issuing of such contracts until sufficient scientific guidance is available.

On the polluter pays and the precautionary principles, parties to the BBNJ agreement are guided by such principles and approaches. It is therefore our view that there is no specific need to include those principles in the Bill.

[Pippa Heylings]

Will the Minister give way?

[Seema Malhotra]

I am running out of time, but I will be happy to pick this up with the hon. Member afterwards. Ministers will have to abide by the principles that I mentioned, and the Environment Act 2021 places a duty on Ministers to have due regard to the environmental principles policy statement when making policy; we need always to abide by those principles.

I thank Members from across the House for their thoughtful and constructive contributions. I have sought to address as many of the points raised as possible, but I am happy to speak to colleagues about those that I did not reach. I am encouraged by the strong cross-party support for this important Bill. This landmark piece of legislation ensures that the UK can play its full part in the international movement to ratify the treaty. The measures it contains will not only strengthen and safe- guard our marine ecosystems, but will strengthen our environmental security and deliver real benefits for the UK’s research and innovation community. The Bill represents the UK taking decisive action, protecting the ocean that sustains us all, while empowering scientists, innovators and institutions in shaping its future. I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Biodiversity Beyond National Jurisdiction Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A (7)),

That the following provisions shall apply to the Biodiversity Beyond National Jurisdiction Bill:

Committal

(1) The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee, on Consideration and on Third Reading

(2) Proceedings in Committee shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement.

(3) Any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion four hours after the commencement of proceedings in Committee of the whole House.

(4) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.

Other proceedings

(5) Any other proceedings on the Bill may be programmed.—(Stephen Morgan.)

Question agreed to.

Biodiversity Beyond National Jurisdiction Bill (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Biodiversity Beyond National Jurisdiction Bill, it is expedient to authorise the imposition of charges or fees under or by virtue of the Act.—(Stephen Morgan.)

Question agreed to.