Deep Sea Mining in International Waters

Question

14:36:00

Asked by

To ask His Majesty’s Government what representations they have made to the International Seabed Authority and the government of the United States of America about plans to enable deep-sea mining in international waters.

My Lords, the United Kingdom supports a moratorium on the granting of exploration contracts by the International Seabed Authority until sufficient scientific evidence is available to assess the potential impact of deep sea mining on marine ecosystems and strong, enforceable regulations are adopted by the ISA. The Government note the US executive order. As a party to the UN Convention on the Law of the Sea, the United Kingdom is committed to the continued work of the ISA.

I thank my noble friend for that Answer. As the House knows, the demand for critical minerals is growing fast. They are needed because of their place in modern technology, on which our current and future lives depend. The International Seabed Authority has been trying to develop governance for the use of international seabed mining. The problem, as my noble friend has alluded to, is that the President of the United States has issued an executive order that allows the United States to develop what he has called “the next goldrush”. Do the United Kingdom Government continue to support the International Seabed Authority? If there is to be seabed mining, will they use their best endeavours to ensure that it is done within the framework of the United Nations? Given that later today we will be discussing the Chagos Islands, I invite my noble friend to reassure the House that the United Kingdom will preserve the right to prohibit deep sea mining around Diego Garcia.

My Lords, as a party to the UN Convention on the Law of the Sea, the United Kingdom fully supports the work of the ISA. The UK has been fully engaged in the work of the ISA since it was established, following the entry into force of UNCLOS in 1994. There are strong protections in place against deep sea mining around Diego Garcia. Under the agreement, the United Kingdom has the right to exercise rights and authorities required for the long-term secure and effective operation of the base out to 12 nautical miles and is responsible for environmental protection on Diego Garcia. Additionally, we negotiated a further 12 nautical-mile buffer zone out to 24 nautical miles, in which Mauritius cannot place any maritime installations, sensor structure or artificial island that might be required for subsea mining without UK consent.

My Lords, I welcome the Government’s continuing commitment to the moratorium on deep seabed mining. On the wider protection of oceans, when might we ratify the high seas treaty? Will that be done by the end of this year?

It has been made public that legislation will be introduced by the end of the year to enable the ratification of the BBNJ agreement. That agreement includes processes to ensure better co-ordination and co-operation between international bodies responsible for ocean governance, including the ISA.

Will the Government confirm, as the ISA has, that their view is that the executive order is contrary to international law, when it comes to the law of the seas, and contrary to the requirements under UNCLOS? Did the Government note the statement by the head of the ISA, in response to the executive order, in which she reminded all parties of UNCLOS, which includes the United Kingdom, that they “have a duty not to recognize any acquisition or exercise of rights over minerals recovered from the Area”? Can the Minister reassure the House that in our trade talks with America, we have made perfectly clear that we will honour the international law of the sea, honour our commitments under UNCLOS and not trade with any US enterprises that disregard them?

I think I need to respond in a positive way. I can be absolutely clear what we are in favour of. The major priority for the ISA is to agree a regulatory regime for exploitation, and we have been engaged in these negotiations from the start. The ISA has agreed a road map for continued work on the regulations with a view to their adoption in 2025. We will actively participate in those negotiations at the council of the ISA next week. We are absolutely committed; we know what we have to do. We know that the ISA council has agreed that deep sea mining should not take place in the absence of these regulations. That is what we will be committed to, and that is what we will say to all our allies.

My Lords, at the start of April I wrote to the department about the high seas treaty—I have still not had a reply—so some of my questions have already been asked. What deadline has the ministerial team set for the drafters to meet for this treaty? I was at an oceans conference last week. The Minister has said that these minerals are like gold. The circular economy means that we have enough critical minerals already in the world to supply an enormous need, so what are the Government doing to encourage the circular economy of precious metals to avoid the ghastly prospect of deep sea mining?

I will not repeat my answer about the BBNJ. I was at the UN General Assembly where we signed our commitment to ratify it. The noble Baroness has made a really important point, because in my consultation on the Africa approach we have been absolutely clear about how we work in partnership with African countries on rare earth minerals and other minerals that we need for greening our economy. We are absolutely committed to working with them in a partnership that delivers processing in those countries, so that the people of those countries benefit from the jobs and income, and we ensure a brighter, greener future for the globe.

My Lords, can the noble Lord tell me whether the Government feel that, given the lack of understanding of the risks of deep sea mining, there is a better case for promoting public engagement with this issue scientifically?

That is exactly what our negotiations next week will be about. The precautionary principle is at the heart of the Government’s approach to deep sea mining. What we have in place is not a ban, which would be inconsistent with UNCLOS. Once the preconditions are met, we will consider proper exploitation licences on their merit. The important thing is that we need to better understand the implications. We need to protect our planet, and that is what we will continue to do. The minerals that we need to green our economy are not simply at the bottom of the sea. We need to work in partnership with Africa, which is a huge resource.

My Lords, can the Minister update the House on the progress of the UK’s scientific network of experts on deep sea mining? How are its findings being shared with the ISA?

In my meeting with the civil servants this morning, I spoke about our participation in next week’s meeting of the council of the ISA. We will ensure that we take into account all the expert advice, not restricted just to that from this country but in working with our allies in the council of the ISA to ensure that all available information is in place so that we can develop strong, proper regulations.

My Lords, does the Minister agree that, since we joined the Convention on the Law of the Sea in 1994, this has never been a party-political issue in this country? It has been supported by all parties, and that should remain the case in future.

I thank the noble Lord for his question. I do think that we are working on a cross-party basis. These are long-term issues about the protection of the environment and of ecosystems that we know very little about and on which we might rely. The noble Lord is absolutely right, and I am confident that the noble Lords opposite agree.

My Lords, I welcome the Government’s ongoing position. To be candid, I made this announcement on behalf of the previous Government two years ago. It is important to understand that many countries around the world, including Commonwealth countries, are concerned that other people are trying to dictate policy on their behalf. Will the Minister look to make sure that the science network that has been developed continues to help our Commonwealth and interacts with the extensive US network that is also working on this?

I wholeheartedly agree with the noble Baroness, and that is exactly what we have been doing. In my recent discussions with new Secretary-General Botchwey, we have been making exactly that point.