Biodiversity Beyond National Jurisdiction Bill

Seema Malhotra Excerpts

Monday 17th November 2025 Commons Chamber

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

It is a pleasure to serve under your chairship, Madam Chair, and to open this debate in Committee of the whole House on the Biodiversity Beyond National Jurisdiction Bill.

Before turning to the detail of the clauses and of the amendments that stand in my name, I want to underline why it is so important that this House sends a clear signal today by progressing this legislation. This Bill will, along with subsequent secondary legislation, enable the United Kingdom to implement obligations in the United Nations biodiversity beyond national jurisdiction agreement into UK law, and enable us to move towards ratification of this historic agreement.

The House may also have seen that the BBNJ agreement was recognised by the Prince of Wales’s Earthshot Prize Council last week, which is a testament to the broad support for it. The BBNJ agreement is the culmination of nearly two decades of international negotiations. The agreement covers roughly two thirds of the world’s ocean, which is home to ecosystems that regulate our climate, support fisheries, drive weather patterns and sustain the livelihoods of millions around the world.

[Jim Shannon (Strangford) (DUP)]

It is such an important subject, and I appreciate the opportunity to ask a question on behalf of those I represent who are involved in fishing. The Bill and the international treaty it implements will affect the fishing industry primarily through the creation of marine protected areas and through the imposition of stricter environmental impact assessments. Does the Minister agree that this means engagement with our fishing sector is essential, and can she confirm that the viability of fishing and food security will be a priority for this Government?

[Seema Malhotra]

The hon. Member will know from previous conversations that we continue to engage with the fishing industry on all areas of policy. Fishing falls outside the scope of the Bill, but it is important that the Government maintain that dialogue.

[Jeremy Corbyn (Islington North) (Ind)]

I welcome and support the Bill, which is an important step forward. It is a shame that it was not passed before the election so that it could have been dealt with in the wash-up of the previous Parliament. Will the Minister assure us that the Government will provide the necessary resources, and that the UN agencies are sufficiently funded, to ensure that this law becomes an effective protection for the natural world and the oceans that we all rely on?

[Seema Malhotra]

As the right hon. Member will have seen—I know that he has studied the Bill closely—we are looking to implement our obligations in line with many existing obligations. It has been important for us to hear from scientists and other involved parties that there should be no extra burdens and that we should consider how to move forward together. When we ratify the agreement, we will be party to the Conference of the Parties and able to participate in how future decisions are made. That will be important to understanding how the UK can incorporate decisions efficiently, effectively and with the fewest possible resources.

[Tom Hayes (Bournemouth East) (Lab)]

I welcome the Bill’s enhancement of biodiversity and the protection of our oceans and natural world. How will the Bill help to unlock innovation in marine science?

[Seema Malhotra]

I will come to that later in my remarks. My hon. Friend makes a good point. Ratifying the agreement will also make it easier to share the benefits of research more widely and efficiently. That will allow those who might not be able to carry out such research themselves to use it and consider where innovations might be made. That is an important benefit of the Bill.

The Bill is the culmination of nearly two decades of international negotiations. The agreement represents a once-in-a-generation step forward in ocean governance, to ensure that areas beyond national jurisdiction are managed sustainably, transparently and equitably. Through the Bill, the United Kingdom will be able to play its full part in that effort. It will allow our scientists, companies and research institutions to participate confidently in the new frameworks on marine genetic resources, to contribute to the development of area-based management tools, and to meet international standards on environmental impact assessments in areas beyond national jurisdiction. Royal Assent early next year—subject to time in the House—will place the UK in a strong position to ratify the agreement and to take its seat at the first Conference of the Parties, which is expected to be in the second half of 2026. It is vital that the UK is at that table.

[Carla Denyer (Bristol Central) (Green)]

I am grateful to the Minister for giving way as she speaks about the importance of the UK taking global leadership. I welcome the Bill, but will the Minister complement it and show global leadership by announcing a new international taskforce dedicated specifically to protecting at least 30% of the Atlantic ocean by 2030?

[Seema Malhotra]

The hon. Lady will know that that is outside the scope of the Bill, but the measures will protect the world’s oceans—as I have said, the agreement covers roughly two thirds of them. Indeed, in all areas of our international work, we do all we can for the environment around the world.

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[Seema Malhotra]

I will make a bit of progress—I thank my hon. Friend for his patience.

The Bill is divided into five parts. Parts 2, 3 and 4 align directly with three operational pillars of the BBNJ agreement: marine genetic resources, area-based management tools, and environmental impact assessments. I will address the Government amendments and clauses stand part now, but I will address the Opposition amendments in my closing remarks, so that I have had an opportunity to hear the shadow Minister’s contribution.

Part 1 sets out the definitions that underpin the rest of the Bill. Given that those definitions will be discussed at some length today, I say for the benefit of the Committee that “areas beyond national jurisdiction” comprise the high seas—waters beyond exclusive economic zones—and the area, meaning the seabed and subsoil beyond the limits of national jurisdiction, and “marine genetic resources” are defined as any marine material containing functional units of heredity of actual or potential value. Those definitions mirror the agreement and ensure consistency between domestic law and our international obligations. Clause 20 provides definitions for terms that are used in the Bill but not defined elsewhere in it.

In part 2, clauses 2 to 10 implement the provisions of the agreement relating to marine genetic resources. The provisions promote transparency in the collection and utilisation of marine genetic resources of areas beyond national jurisdiction and associated digital sequence information, and provide the building blocks for benefit sharing.

Clauses 2 and 3 create reporting obligations for individuals collecting marine genetic resources using UK craft and for those utilising those resources and associated digital sequence information. Information must be provided to the Secretary of State before and after collection, and information about the results of utilisation should be provided in accordance with the schedule. Clause 4 provides that the Secretary of State may transmit to the BBNJ clearing house mechanism the information provided on collection and utilisation, unless it is protected from disclosure under domestic law. Those clauses are designed to implement the UK’s obligation on information sharing, with the clearing house mechanism facilitating transparency and helping us to deliver on our obligations while protecting information that is not to be shared.

Clauses 5 to 7 impose duties on those managing repositories that hold marine genetic resources from areas beyond national jurisdiction, or databases of digital sequence information on those resources. They must ensure that samples or data can be identified as originating from areas beyond national jurisdiction, provide access, and submit biennial reports. Clause 8 sets out exceptions from the requirements of part 2 in respect of fishing and fishing-related activities, military activities, and military vessels and aircraft, as well as anything done in Antarctica, the marine genetic resources of Antarctica, and the digital sequence information of such resources. The Committee will be aware that this is because the Southern ocean is governed by the Antarctic treaty system, which was part of the debate we had on Second Reading.

Clause 9 provides the Secretary of State with regulation-making powers, including those necessary to implement the UK’s future obligations under part 2 of the agreement. Given that the conference of the parties may adopt further measures once the agreement enters into force, those powers are essential to ensure that the UK can respond in a timely and appropriate manner. The clause also allows for provision for any enforcement of those requirements imposed by or under part 2 of the Bill. We will ensure that there is ample time for scrutiny of additional measures that may be brought in under secondary legislation.

Finally, clause 10 requires guidance to be published in relation to the above-mentioned provisions on marine genetic resources. Those will be prepared by the national focal point in the Foreign, Commonwealth and Development Office and will provide practical illustrations to help institutions and researchers understand the requirements placed on them. The guidance developed will also be laid before Parliament. Taken together, these measures create a clear, proportionate and internationally aligned system that allows UK researchers to continue their world-leading work with confidence, meeting the requirements of the Bill and, in turn, allowing the UK to meet its obligations under the BBNJ agreement.

[Jeremy Corbyn]

The Antarctic treaty, which was long and hard fought for in this House and other places, has been important and, generally speaking, very successful. But there are issues about the increasing access to the Antarctic, the pollution that this causes and the need to clean up after the substantial number of visitors that go there at present. Is the Minister confident that the resources will be available to ensure that the Antarctic treaty is fully adhered to?

[Seema Malhotra]

The right hon. Member will be aware that the UK also made a declaration upon the signature of the BBNJ agreement stating that the Antarctic treaty system comprehensively addresses the legal, political and environmental considerations that are unique to that region, and provides a comprehensive framework for the international management of the Antarctic. It is important to recognise that it is also about the international management of the Antarctic, to which we are committed as part of the international community. I thank the right hon. Member for his comments.

In part 3 of the Bill, clauses 11 to 13 implement the provisions relating to area-based management tools, including areas beyond national jurisdiction designated as marine protected areas. Clause 11 contains provision for the Secretary of State to be able to make regulations to implement decisions adopted by the BBNJ conference of the parties under part 3 of the agreement. Many activities under UK jurisdiction or control in areas beyond national jurisdiction, such as fishing, are already regulated domestically, and where existing powers suffice, the clause 11 power will not be needed. However, where new measures are adopted by the conference of the parties, where they require additional controls or restrictions, the clause ensures that the UK has the necessary legislative mechanisms to comply. Clause 12 sets out the parliamentary procedure for regulations made under clause 11.

Clause 13 provides a power for the Secretary of State to issue directions to UK craft, without the need for secondary legislation in order to implement emergency procedures adopted by the conference of the parties. As emergency procedures may require immediate action to prevent serious harm to marine biodiversity, regulations alone may not provide sufficient responsiveness. The clause enables swift operational steps, such as directing vessels to avoid a particular area. Clause 13 is modelled on existing direction-making powers available to the Secretary of State’s representative under schedule 3A to the Merchant Shipping Act 1995. Given the nature of any scenarios that could arise, it is power-limited in scope and emergency in nature.

Part 3 of the Bill ensures that the UK can meet its obligations and exercise leadership in protecting ecologically important areas beyond national jurisdiction.

[Matt Rodda]

The Minister is making an excellent speech, and I pay tribute to her work and that of the Government in showing UK leadership in this important environmental area. Could she also briefly touch on the importance of working in a multilateral way with partners from around the world, and—perhaps she will move on to this point later in her speech—could she outline how the UK will work with other countries to protect these areas and carry out other important work?

[Seema Malhotra]

My hon. Friend is absolutely right that this is an area where obviously no nation can work on its own. It has to be done through being influential on the world stage, working through and with the UN, and with our international partners and other nations. Indeed, through the course of all of our conversations, be that in the FCDO, DEFRA or other Departments, we maintain dialogue on this and other important matters in relation to our environment and climate impact around the world. I am grateful to my hon. Friend for raising that issue, because it is another example of where being outward facing as a nation, as this Government have chosen to do, is incredibly important for not just what we achieve at home but our responsibilities on the world stage.

I will make some progress on part 4 of the Bill. Clauses 4 to 19 implement the environmental impact assessment provisions of the agreement, where relevant to marine licencing, and ensure that UK marine-licensable activities and areas beyond national jurisdiction are subject to the appropriate level of scrutiny. Clause 14 amends the Marine and Coastal Access Act 2009 to ensure it can be used effectively to regulate planned UK activities in areas beyond national jurisdiction. Government amendment 1—a minor amendment—has been tabled to omit the heading “on the continental shelf”, which will adjust the 2009 Act so it more accurately reflects the content of this section, including the section that is amended by clause 14 in part 4 of the Bill.

Clause 15 updates the Marine Works (Environmental Impact Assessment) Regulations 2007 to bring them into alignment with the BBNL agreement. Government amendment 2 would add “or person” to subsection (5)(b) as a minor clarificatory amendment to the regulations. Clause 16 allows regulations to be made to implement the standards and guidelines adopted by the Conference of the Parties under article 38 of the BBNJ agreement. Clauses 17 and 18 ensure that equivalent provisions exist for Scotland, amending the Marine (Scotland) Act 2010, and enabling Scottish Ministers to make regulations where it is a devolved competence, and to implement environmental impact assessment obligations for Scottish regulated marine activities.

Clause 19 amends the Levelling-up and Regeneration Act 2023, to ensure that any future environmental outcomes reports can apply to licensable activities in areas beyond national jurisdiction. The BBNJ environmental impact assessment provisions closely replicate our existing domestic arrangements for marine licensing, which operators are familiar with. These are minor technical changes to align our existing regime with BBNJ processes. Together the provisions deliver a coherent and modernised framework for assessing and mitigating the environmental impact of activities linked to the United Kingdom on the high seas.

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[Sarah Champion (Rotherham) (Lab)]

I welcome this Bill. As chair of the Channel Islands all-party group, I was interested that the Minister tabled an amendment that covered just the Isle of Man. Before the Bill goes to the other place, could her officials please consult the Channel Islands one last time to make sure that they do not also need to be included in the Bill?

[Seema Malhotra]

I thank my hon. Friend for her comments, and yes we will continue those conversations with the Channel Islands.

To conclude, provisions in the Bill would be extended only to British overseas territories and the Isle of Man with their agreement. Clause 25 sets out when most of the Bill’s provisions come into force, and gives the Secretary of State power to make regulations to appoint entry into force and dates for other provisions. In summary, the Bill provides the legal foundation for the United Kingdom’s participation in the new global regime for protecting biodiversity on the high seas. It will enable us to fulfil our international commitments, provide certainty to our scientific and research communities, and demonstrate once again the UK’s leadership in marine conservation. I commend the Bill to the Committee, and look forward to engaging with hon. Members during the debate.

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[Seema Malhotra]

In the interests of time, I will do my best to come back to Members on the amendments they have spoken to. The contributions from the hon. Member for South Cotswolds (Dr Savage) and my hon. Friend the Member for Portsmouth North (Amanda Martin) showed the importance of a healthy marine ecosystem that underpins global fisheries and climate regulation. The BBNJ agreement is an essential step towards protecting marine biodiversity and the creation of marine protected areas in areas beyond national jurisdiction.

I will speak briefly about the amendments tabled by the shadow Minister and our reasons for not supporting them. I recognise his point about reducing burdens, which is on all our minds, and I thank him for tabling his amendments. However, the Government consider that amendment 4 is not necessary, as the ability to provide a single report already exists. If the person who controls the repository on which a report is required is the same person who controls the database on which a report is required, there is nothing in the Bill that prevents them from providing a single report covering both elements. I hope that is of some reassurance to the hon. Gentleman.

On new clause 1, I think it would be helpful to say that as we do not currently know when or if the powers in the Bill will be used, we believe that our approach of a post-implementation review after five years provides the necessary flexibility to review the implementation of the Bill at a more appropriate point. We therefore do not think that new clause 1, tabled by the shadow Minister, is needed.

On amendment 5, the purpose of the enabling provision for the charging of fees under clause 11(3)(c) is to allow for the recovery of costs associated with the carrying out of functions. This is standard practice to ensure effective use of public money, as set out in the Treasury’s “Managing Public Money” guidance. Regulations made under clause 11 that amend an Act of Parliament, create a civil sanction or vary the maximum amount of a monetary penalty, and so on, are regulations that also contain provision for the charging of fees, which are already made by the affirmative procedure. The shadow Minister may not have been aware of that detail, but I hope it will reassure him.

On new clause 2, we believe that the consequences of the various reporting requirements it would introduce would be disproportionate to the value it would provide. There is also a risk that it would duplicate existing processes, misalign with the international reporting cycle and increase the burden on entities providing information in the reports.

Finally, it may help to reassure the shadow Minister if I say that engagement with scientific stakeholders suggests that the notification and other requirements are unlikely to impose a significant burden. Indeed, the BBNJ agreement will benefit the scientific community by encouraging information sharing and supporting scientific and technological development. I hope that reassures him that we have considered his amendments and that we have reason for not supporting them.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 6 ordered to stand part of the Bill.

Clause 7

Supplementary provision

Amendment proposed: 4, page 5, line 4, at end insert—

“A single report may be submitted for the purposes of sections 5(2)(c) and 6(3)(c), provided that any such single report meets the requirements in sections 5(3) and 6(4).”—(Andrew Rosindell.)

This amendment would permit a single report to be provided to the Secretary of State for the purposes of fulfilling reporting requirements under clauses 5 and 6.

Question put, That the amendment be made.

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[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.