The Minister of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)

My Lords, I am pleased to open this debate with the government amendments tabled in my name relating the role of devolved Governments in the implementation of the BBNJ agreement. As noble Lords will be aware, the BBNJ Bill extends to the whole of the United Kingdom, apart from certain clauses which extend to Scotland only. Foreign affairs, including the negotiation and signature of international treaties, are a reserved matter under the devolution settlements. However, observation and implementation of obligations arising under treaties in domestic law are excepted from the foreign affairs reservation so far as those obligations relate to devolved matters. Working closely with Ministers and officials in the devolved Governments, we have agreed that the legislative consent motion process is engaged for Scotland and Northern Ireland, to varying extents, by Parts 2, 3 and 4 of the Bill. The Government have been in sustained discussions with both devolved Governments to seek consent for this Bill, and I can confirm to the House that Motions on consent will be debated shortly in both the Scottish Parliament and the Northern Ireland Assembly. Throughout these discussions, the Government have sought to ensure that devolved competencies are fully respected. That is why we have tabled amendments on Report to strengthen the role of the devolved Governments in the future implementation of the BBNJ agreement. Clauses 9 and 11 confer powers on the Secretary of State to make regulations to implement the UK’s obligations under Parts II and III of the BBNJ agreement. Government Amendments 1, 2, 5 and 6 provide Scottish Ministers and the Northern Ireland Department of Agriculture, Environment and Rural Affairs with concurrent powers to make regulations within devolved competence. In addition, Amendments 3 and 7 place a duty on the Secretary of State to consult Scotland and Northern Ireland before exercising the powers in Clauses 9 and 11 where regulations engage devolved matters. This approach will ensure that devolved Governments are engaged in advance of regulations being made and enable them to make their own provision on devolved aspects where they wish to do so, and it reflects their responsibilities while supporting timely and effective implementation of the agreement. Government Amendments 10 and 11 ensure that Clause 23, which sets out procedures for the making of regulations under the Act, does not apply to regulations made under the new clauses introduced by government Amendments 1 and 5. Instead, the procedures for regulations set out in government Amendments 2 and 6 respectively will apply. Finally, government Amendment 12 amends Clause 26 so that Clause 18 comes into force on such a day as the Secretary of State appoints by regulations, rather than upon Royal Assent. This change will ensure a consistent approach across the Bill with regards to the environmental impact assessment regulations that are being amended. I beg to move.