Baroness Chapman of Darlington (Lab)

My Lords, I thank the noble Lord, Lord Teverson, for his insight. The Committee benefits hugely from his knowledge and experience on this. This group of amendments relates to environmental protection and the sustainable management of activities in areas beyond national jurisdiction. Let me start by restating that the BBNJ agreement represents a significant step forward in the conservation of the global ocean, enabling stronger protection for the two-thirds of the ocean that lies beyond national jurisdiction. I accept everything that noble Lords said about what more could be done and what they would like the Government to consider. That is not what we are doing today, but that does not mean that the arguments being presented are wrong or even that the Government disagree with them. The Government’s intention is to make sure that we get this legislation done as quickly as possible in order for us to be able to participate in the Conference of the Parties. We do not yet have a date for that, but it could happen very soon. Some of the issues being raised can be thrashed out in that context, and we think that that is the way to make more progress internationally. That does not mean that the things being raised, particularly on plastics, transshipments and all the rest of it, are not important. It is good that we raise them at every opportunity, but the Bill will play an important role in supporting delivery of the Kunming-Montreal Global Biodiversity Framework, including the global target to effectively conserve and manage at least 30% of the ocean by 2030. The Bill provides the domestic legal framework needed to implement fully the agreement in the UK. It includes provisions to support the designation and management of area-based management tools, including marine protected areas, establish robust environmental impact assessment requirements, and ensure the fair and equitable sharing of benefits arising from the collection and use of marine genetic resources. Taken together, these measures will strengthen environmental protection, promote the sustainable use of marine biodiversity and reinforce the UK’s leadership in the stewardship of the global ocean. I thought the points made by the right reverend Prelate the Bishop of Norwich about thought leadership were important. I do not know whether I will be able to assure him today about that, but I very much welcome what he had to say. I also thank the noble Baronesses, Lady Miller and Lady Jones, for Amendment 6, which would require the Secretary of State to publish—and, subsequently, to review and revise—a statement regarding the impact of plastic pollution on marine biodiversity in areas beyond national jurisdiction. We think that a separate plastic pollution statement would duplicate provisions already embedded in the BBNJ agreement, providing limited additional value while increasing legal complexity. The impacts of plastic pollution are already considered under existing UK processes. For example, under Section 69(1) of the Marine and Coastal Access Act 2009, “the … licensing authority must have regard to … the need to protect the environment” when considering marine licence applications. Preventing plastic pollution is an example of such an environmental consideration. In addition, under the IMO, the International Convention for the Prevention of Pollution from Ships is the main international convention covering the prevention of pollution of the marine environment by ships. However, a separate process is under way to agree a global plastic pollution treaty. Plastic pollution is a transboundary issue, and prevention at source is key. A treaty that addresses the full life cycle of plastics is what we need to address this issue. The UK fully supports the plastic pollution treaty having robust monitoring and assessment procedures, as well as collaboration between future parties to this instrument, to monitor and assess plastic pollution in areas beyond national jurisdiction. Ultimately, the BBNJ agreement focuses on conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction; it is, therefore, not the best place to address plastic pollution across the life cycle. I turn to Amendment 7 in the name of the noble Lord, Lord Callanan, which would require the Secretary of State to publish and lay before Parliament, within six months of the BBNJ Act being passed, a report on the potential impact of the introduction of marine protected areas in parts of the Indian Ocean that are beyond national jurisdiction on marine biodiversity in the area around the Chagos Archipelago. The purposes of the BBNJ Bill are to enable the UK to comply fully with the legal obligations under the BBNJ agreement that require domestic implementation and, therefore, to allow us to ratify the agreement—noble Lords are going to get really fed up with me repeating that. The requirements under this clause go beyond the intent of the Bill. However, the UK and Mauritius attach great importance to the need to protect marine biodiversity across the Chagos Archipelago. Both have committed to protecting one of the world’s most important marine environments. The development of future marine protected areas under the BBNJ agreement is a matter for the BBNJ Conference of the Parties. This process has several steps—including initial proposal review, consultation and scientific review—before a proposal goes to the Conference of the Parties for a decision. These proposals will be developed by parties in collaboration and consultation with relevant states and stakeholders, as appropriate. They will be formulated based on the best available science and, where available, on relevant traditional knowledge of indigenous peoples and local communities. Once established, these MPAs will be monitored and periodically reviewed by the BBNJ’s scientific and technical body. As a party to the Conference of the Parties, the UK will be part of the decision-making process and will be able to agree on measures including marine protected areas. We expect that the first area-based management tools will not be established until the second Conference of the Parties meeting at the very earliest, due to the need first to establish the BBNJ’s scientific and technical body, which will review proposals, and to allow for other important aspects of the process, such as consultation, to take place. For the reasons above, we think that this amendment is not necessary. Amendments 8 and 9, tabled by the noble Lord, Lord Teverson, and Amendment 10, tabled by the noble Baroness, Lady Miller, are similar in intent. These amendments would require the licensing authority to have due regard to protecting the deep-sea seabed and sustainable fishing and to preventing plastic pollution when determining an application for a marine licence. These amendments are not necessary, because Section 69(1) of the Marine and Coastal Access Act 2009 already requires the licensing authority to have regard to the need to “protect the environment” and “to prevent interference with legitimate uses of the sea”. Protecting the deep-sea seabed and preventing plastic pollution are examples of environmental considerations to which licensing authorities would have due regard when considering marine licence applications. Sustainable fishing would be considered a legitimate use of the sea and would therefore be given due regard by licensing authorities when considering an application. Amendment 15, tabled by the noble Lord, Lord Teverson, would require the Government to develop and regularly update a published strategy setting out how they will conserve and sustainably use marine biodiversity in areas beyond national jurisdiction in relation to fishing activities. Amendment 7A, from the noble Lord, Lord Callanan, would require the Secretary of State to publish, within six months of Royal Assent, a report on the impacts of Chinese industrial fishing on marine biodiversity beyond national jurisdiction and the potential role of marine protected areas in addressing those impacts. The requirements of these amendments go beyond the intent of the Bill. They are already covered elsewhere, or can be implemented via other appropriate means, and are therefore not necessary. The Fisheries Act 2020 governs UK fishing activities and provides the legal framework for licensing and regulating fishing and fishing-related activities. Preventing, deterring and eliminating illegal, unregulated and unreported fishing is addressed under the UK’s IUU control regulations. These regulations establish a framework for the monitoring, inspection and enforcement of fisheries, and ensure that seafood entering the UK is not linked to IUU fishing. Furthermore, the UK is a party to the UN Fish Stocks Agreement. Parties to this agreement are required to ensure that the “conservation and sustainable use of straddling fish stocks and highly migratory fish stocks”, including in areas beyond national jurisdiction. Parties are required to collaborate to achieve these objectives, including via regional fisheries bodies, and must ensure that fisheries do not seriously threaten wider ecosystems and biodiversity. The BBNJ agreement creates a stronger ocean governance framework that supports and encourages co-operation with other relevant legal instruments, frameworks and bodies. It provides that parties “shall endeavour to promote … the objectives of this Agreement when participating in decision-making” under such organisations. These include regional fisheries management organisations and the Agreement on Port State Measures, which directly target unsustainable fishing practices—including illegal, unreported and unregulated fishing. We are working across departments to ensure a consistent UK position on interactions between the BBNJ agreement and relevant instruments, frameworks and bodies to which the UK is a member. Amendment 18, from the noble Lord, Lord Callanan, would require the Secretary of State to publish a report, within six months of the BBNJ Act being passed, on the potential impact of the introduction of marine protected areas under the BBNJ agreement on the UK fishing fleet. To require a report to be published six months after the BBNJ Act is passed is disproportionate. As I mentioned previously, we expect that the first area-based management tools will not be published until the second Conference of the Parties meeting at the very earliest. Timings for the Conference of the Parties meetings are still to be decided but may be every one to two years. The first Conference of the Parties meeting must take place by 16 January 2027. Once it has ratified the BBNJ agreement, the UK, as well as relevant stakeholders, such as the fishing industry and regional fisheries management organisations, will have the opportunity to consider any impacts of a potential BBNJ marine protected area on fishing activities before any decision is made by the Conference of the Parties. Any impacts on the UK fishing fleet would be better raised through the process, rather than after a marine protected area has been established. The UK can also express views on such impacts when the final proposal is being considered by the Conference of the Parties, as well as whether we would support it. We will carefully consider any future proposals to understand any potential impacts on the UK fishing industry. Finally, I turn to Amendment 19 from the noble Baroness, Lady Boycott. In the future, if required, the UK will give effect to decisions made by the future Conference of the Parties. Those decisions will reflect the principles and approaches in Article 7 of the BBNJ agreement. Individual decisions, such as those on marine licence applications, are not within the scope of the environmental principles duty, which applies only to Ministers of the Crown when making policy; that includes proposals for legislation but does not include an administrative decision taken in relation to a particular person or case. In any event, under the Marine and Coastal Access Act 2009, the Marine Management Organisation must not grant a licence to carry out any activity that is contrary to international law; the MMO applies the precautionary principle when determining licence applications. For these reasons, we do not think that this amendment is necessary.