Biodiversity Beyond National Jurisdiction Bill Report Stage

My Amendment 9 on the exemptions in the Bill is supported by WildFish, an organisation with extensive expertise in marine conservation, whose work highlights the importance of making sure that decisions to rely on exemptions are transparent. I would like to have moved this amendment, but we are obviously in a hurry to complete the Bill, so I have held off, but it is incredibly important that we do not allow exemptions without understanding why they have happened.

I support the amendment tabled by the noble Baroness, Lady Miller. It is an extremely good amendment, and I urge the Minister to pick it up at some future date. This is such a good amendment that it should go into legislation somewhere.

In Committee, we heard at length and with real concern about the scale and persistence of plastic pollution in our oceans. Much of that discussion centred on consumable plastics and waste, but plastic pellets, flakes and powders are equally serious and often overlooked in legislation. These losses might be small in individual incidents, although some might be extremely large, but they are cumulative and, in effect, irretrievable and irreversible once they have happened.

We are looking ahead, apparently, to a global plastics treaty, which I am very excited about. That process is obviously welcome, but the urgency of the problem means that we should take every available opportunity to act now, particularly where there is already an international consensus on best practice.

What I welcome very much about this amendment is its practical focus. This would stop the plastic pellets getting into the sea in the first place instead of our trying to mop them up and recover them later which is, as I said, impossible.

I will also speak to my Amendment 9 on the exemptions in the Bill. Clause 18 seeks to strengthen confidence in how environmental impact assessments are applied. It worries me that there are so many exemptions. Again, I would very much appreciate it if the Minister took this issue up. My amendment is supported by WildFish, an organisation with extensive expertise in marine conservation, whose work highlights the importance of making sure that decisions to rely on exemptions are transparent, on a case-by-case basis, and ensure that there is an equivalence that meets Part IV of the BBNJ agreement and Article 206 of UNCLOS. This amendment would clearly set out that test. Where an appropriate authority determines that a formal environmental impact assessment is not required, that determination should rest on the existence of another assessment being in place that is equivalently robust.

The amendment would also ensure that the reasoning behind such decisions was recorded and published, with the idea to keep decisions transparent and uphold public trust. In particular, there are difficulties in relying on regional fisheries management organisations as a substitute for BBNJ-aligned environmental assessment. Although RFMOs play an important role in managing fishing effort and target stocks, their processes do not routinely deliver full assessment of cumulative impacts across sectors, of effects on food webs and non-target species, or of the full implications for migratory species that cross jurisdictional boundaries. I would be very happy to talk to the Minister in more detail about this and I hope to see it in a future Bill. I would like to have moved this amendment, but we are obviously in a hurry to complete the Bill, so I have held off, but it is incredibly important that we do not allow exemptions without understanding why they have happened and the fact that they have not been recorded properly.

As interest grows in new industries, such as open ocean aquaculture, the potential environmental impacts, ranging from disease and growth in parasites to genetic impacts from escapes and reliance on wild-caught fish, are even more important. We are seeing this in salmon farms at the moment: escaped fish covered in all sorts of rather nasty things spread to wild fish and cross-breed, which is deeply unhealthy for the wild fish. I would welcome the Minister putting on record how the Government intend to apply these equivalence criteria in practice, particularly in view of the regional fisheries management organisations. I would like reassurance that exemptions in any future legislation will be applied narrowly and cautiously; that equivalence will be actively tested and not just assumed; that reliance on regional organisations alone will not automatically justify exemption; and that future high-risk activities will be subject to BBNJ-aligned screening.

Hansard record here