High Seas Treaty

Question

15:02:00

Asked by

To ask His Majesty’s Government what plans they have to introduce further measures to protect 30 per cent of oceans by 2030, and to ratify the High Seas Treaty agreed by the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction.

My Lords, the Government have created a network of marine protected areas covering 40% of English waters, including the first three highly protected marine areas, which were designated in 2023. They are now focusing their efforts on ensuring that these areas are effectively conserved and managed. We have limited the use of damaging fishing gear in 60% of English MPAs and are now considering the next steps to manage bottom trawling. Legislation to implement the biodiversity beyond national jurisdiction agreement, sometimes referred to as the high seas treaty, will be introduced as soon as the legislative timetable allows.

I thank the noble Baroness very much for that Answer. It is very good news to hear that we are limiting bottom trawling in MPAs, but the point of my Question was to ask whether we have a Bill going through the noble Baroness’s department—or, indeed, the FCDO—which will ratify the global ocean treaty. The UN conference will happen in June. If we have not ratified our treaties, as I understand it, we will not have a seat at the first ocean COP.

The UK will continue to be proactive in preparing for implementation and entry. We are committed to partnering with others, in particular the global South and the Commonwealth Secretariat, to ratify and implement the agreement. We are actively engaging in that. The first meeting will take place at the UN in New York this April. We very much support this, and we are working with others to move forward.

My Lords, as Environment Secretary, I visited several marine protected areas in 2023. I accompanied my noble friend Lord Ahmad when the United Kingdom signed the agreement in New York. I am really concerned, given that officials had shared with MPs and Peers last year that a Bill would be ready by the end of 2024. I am sure that there is sufficient agreement on both sides of the House to get this legislation through in time for the conference to which the noble Baroness, Lady Boycott, referred. It would be really embarrassing for the United Kingdom not to be a full member of the first UN ocean COP in June.

Let me confirm that the Government are completely committed to ratification of the BBNJ agreement, in line with our determination to re-invigorate the UK’s wider international leadership on climate and nature. We are working on the measures needed to implement the detailed and very complex provisions of the agreement before we can formally ratify.

My Lords, it is great news that we have the high seas treaty in what is otherwise a lawless area of our oceans. However, treaties are no good if they are not enforced, and this treaty does not say how it will be implemented. How does the United Kingdom feel that it can be enforced? Will it lead in that process internationally given its experience of the Blue Belt programme around our overseas territories?

The BBNJ agreement establishes the mechanism to designate marine protected areas and other areas-based management tools in areas that are beyond national jurisdiction. We have commissioned research to develop a shortlist of the potential area-based management tools that we could develop to use in future proposals once the BBNJ agreement comes into force. We believe this will help to ensure that this agreement supports the achievements that are required by the Kunming-Montreal global biodiversity framework target.

My Lords, last year I chaired the Westminster conference on marine natural capital. I learned there that while there has been considerable success in designating marine protected areas in recent years, both Defra and the MMO sadly lack the resources, technology and capacity to map, evaluate and patrol the areas that have been designated. If we are to introduce increased designations as well as a policy of marine net gain, how will we ever enforce it if we cannot even audit and protect the areas already designated?

The noble Earl makes a very good point. No law or agreement is worth anything unless we enforce it. That is why we are determined to do all that we can to achieve our 30 by 30 commitments at sea. These are challenging targets—it is important that we acknowledge that. Minister Hardy, who is responsible for this area in Defra, has confirmed her intention to continue working on this and push forward. Enforcement and ensuring that it happens are part of that important work.

My Lords, does the Minister share my concern at the intense pressure that our fishing grounds are coming under with a spatial squeeze from marine conservation and 10% of fishing grounds removed through the GB Energy Act? Will she look carefully at this to see that our fishing grounds and future fishers’ livelihoods are ensured?

Supporting our fisheries is an important part of the work that Defra does. We must ensure that when we work on areas of conservation those who fish are also talked to and understand the implications—and that we understand the impact that any decision has on our fishing fleet. My honourable friend Daniel Zeichner MP, the Fisheries Minister, speaks regularly to those who fish so that we hear their voices as loudly as we hear others.

My Lords, I am sure that the Minister is well aware that of our marine protected areas only 5% are protected from bottom trawling. Does the high seas treaty mean that when some of our allies, such as Denmark or France, assert that they are okay to bottom trawl in our MPAs, we can stop them?

The key thing that we are doing around bottom trawling is looking specifically at the areas that are most important and need conserving the most. When we look at making agreements with other countries, that is clearly an important consideration, because there is no point in designating somewhere a marine protected area if we do not look carefully at which parts need protecting the most and ensure that damage does not take place. It is good that we have 60% of our MPAs protected, but, clearly, we need to move forward and do more.

My Lords, I am sure all noble Lords have seen the potentially tragic news of a serious shipping accident off the Yorkshire coast this morning. I know I speak for all noble Lords in expressing our sympathies and support for the crew, the emergency services and their families. Can the Minister share with the House the nature of the product being carried on the tanker, what risks this poses to the public and the marine environment, and what steps the Government are taking?

I thank the noble Lord for raising this issue. I am sure that we were all extremely shocked and concerned on hearing about the collision that has just taken place in the North Sea. It is an emerging picture; we are still hearing more evidence as to exactly what has happened. I assure the House that we are speaking closely in Defra to the Department for Transport and the Maritime and Coastguard Agency, which are leading on the government response. They are assessing the situation, as it has only just happened. I assure the noble Lord and the House that Defra’s agencies including the Environment Agency are engaging on any clean-up that is needed and assessing any pollution. We are not sure at the moment exactly what the situation is. There has been a fire, which makes it much more difficult to look at the extent of damage and pollution. We will keep the House updated as we hear further information.

My Lords, can I press the Minister a little further on the ratification process for the high seas treaty? Can she confirm that ratification needs to take place before June 2025 if we are to have a voice at the COP process that will take place on the treaty later this year?

To confirm, the UN ocean conference is a separate meeting. Therefore, it is not a deadline for ratification of the treaty, but we are committed to the ratification.

My Lords, does the Minister not recognise that with areas such as this in which the United States is not participating, it is even more important that we ratify promptly and show that such international arrangements can be made to work even without the United States?

I can only reiterate our commitment to ratifying the treaty.

My Lords, I am grateful to the noble Baroness for her warm words, but are they not somewhat at odds with the Government’s wish to turn over the Blue Belt round the Chagos Islands to the Chinese fishing fleet?

I have been talking about the marine protected areas. I do not see that our complete commitment to supporting our blue environment will be at odds with that.