Contribution
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.