Baroness Hayman of Ullock (Lab)

I thank noble Lords who have taken part in this short but sweet debate. I am pleased that noble Lords fundamentally have supported this statutory instrument, as it is important. We do need to ratify the agreement, so I thank noble Lords for their broad support. The noble Baroness, Lady Grender, talked about enforcement and resources. The Marine Management Organisation’s enforcement strategy includes a range of tools, including advisory letters and formal enforcement action. We want to apply any enforcement proportionately on risk and evidence. We can place conditions on licences requiring licence holders to keep records, make returns or provide information to the Marine Management Organisation. However, we are also looking at how the MMO can develop intelligent gateways in areas beyond national jurisdiction to assess where there may be non-licensed activity taking place and how to address that. Regarding non-compliance, any breach of the licence terms and conditions may lead to that enforcement action being taken. That can include variation, revocation or suspension of the licence, the issuing of an enforcement notice, civil penalties or criminal proceedings—which carry a maximum penalty of an unlimited fine and a term of imprisonment of up to two years. On resources, the MMO charges for licence applications on a cost recovery basis. Applications under BBNJ will be charged at the highest band-3 hourly rate. While the MMO applies a cost recovery approach, not all costs are currently recovered through this mechanism. The remainder are covered by grant-in-aid funding. We are looking to move towards fuller cost recovery to get to that place. The noble Baroness mentioned that there have been only two applications for a licence on an activity in areas beyond national jurisdiction. One was for the Virgin Orbit launch, which I am sure the noble Baroness is aware of. She also asked how we could increase resource if we suddenly had more activity. A cost recovery basis should cover it, but we do not anticipate many activities. Our evidence shows that there have been very few so far. We have a few case studies. It is difficult to completely assess the volume, but we do not expect much to come forward. The noble Baroness also mentioned the lack of a review. I am unaware as to whether there is a process for that, so I shall pick that up and ask for more information. I thank the noble Lord, Lord Blencathra, for his comments. He mentioned the environment around the Chagos Islands. National security is paramount, but we have secured a deal that will help to protect the unique environment of the Chagos archipelago. The UK and Mauritius have both committed to protecting one of the world’s most important marine environments. The agreement will be supported by an enhanced partnership between the UK and Mauritius under which the UK will support Mauritius’s ambitions to establish a marine protected area that protects the globally significant ecosystems in Chagos. This has been welcomed by conservation NGOs, including the Zoological Society of London. The UK and Mauritius have been working together to attach great importance on the need to protect marine diversity, including the fight against illegal fishing. This legislation will help to ensure that the UK can meet its obligations under the BBNJ agreement and be able to ratify it, while establishing a flexible proportionate approach to regulating licensable marine activities in areas beyond national jurisdiction. It is a crucial step, ensuring that effective measures are in place to protect our environment for the future.