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.