Debate contribution: Biodiversity Beyond National Jurisdiction Bill: Legislative Consent Motion

Debate contribution by Mr Andrew Muir on 12 January 2026.

MLA

Mr Andrew Muir

Party at the time

Alliance Party

Date

12 January 2026

Type

Debate contribution (made as a minister)

Business

Executive Committee Business

Heading

Biodiversity Beyond National Jurisdiction Bill: Legislative Consent Motion

Assembly identifier

Official Report component 5311960

Read the official Assembly record

Text

I beg to move

I am grateful for the opportunity to move this legislative consent motion (LCM) on the Biodiversity Beyond National Jurisdiction Bill. It is an important piece of legislation that will enable the United Kingdom to implement the UN biodiversity beyond national jurisdiction agreement, which is a landmark treaty under the United Nations Convention on the Law of the Sea (UNCLOS). The agreement represents a global commitment to protect marine biodiversity in areas beyond national jurisdiction — the high seas — which cover nearly half of the planet's surface. Those areas are critical for climate regulation, fisheries and biodiversity, yet they have historically lacked a comprehensive governance framework. The biodiversity beyond national jurisdiction agreement closes that gap by introducing rules on marine genetic resources, environmental impact assessments and area-based management tools. The UK signed that agreement in 2023 and is now taking steps to ratify and implement it through the Bill. The provisions of the Bill extend to all parts of the UK, including Northern Ireland, and some of the provisions engage devolved matters. The Bill provides enabling powers to implement international commitments under the biodiversity beyond national jurisdiction agreement. On 20 November 2025, the Executive agreed that consent should be sought for the clauses in the Bill that deal with devolved matters. I will briefly summarise the clauses. Clauses 2 to 9 deal with marine genetic resources. They define collection and utilisation projects, establish a UK database and give the Secretary of State power to make regulations. Those provisions engage devolved matters, such as scientific research and education, and will apply to a small number of people who work in Northern Ireland universities or research organisations. Clause 11 provides the Secretary of State with the power to make regulations to implement area-based management tools following decisions of the biodiversity beyond national jurisdiction Conference of the Parties. A person from Northern Ireland participating in a project on the high seas will be required to comply with those regulations. Clause 13 relates to directions to UK craft, and Northern Ireland craft will be required to comply with those directions. Supporting the legislative consent motion ensures that Northern Ireland plays its part in delivering global commitments to ocean protection. It strengthens our reputation as a responsible environmental steward and provides a framework that will enable Northern Ireland universities and research organisations to participate in projects on the high seas. The Bill will not impose immediate changes on Northern Ireland. Rather, it provides enabling powers that may be used in future to implement international obligations. Any secondary legislation made under those powers would be subject to full Assembly scrutiny. If consent is not granted, the UK cannot fully implement the agreement across all jurisdictions. That would undermine the UK's ability to meet its international obligations and could damage Northern Ireland's reputation. It could also create practical difficulties for Northern Ireland universities and research organisations that have an interest in projects on the high seas. Since I tabled the motion, the UK Government tabled amendments that are being considered today in Westminster. Those amendments do not change the policy intent of the Bill but, rather, strengthen Northern Ireland's role by requiring the Secretary of State to consult DAERA before making regulations under clauses 9 and 11, by giving DAERA powers to make regulations for devolved matters that are equivalent to the regulation-making powers that the Secretary of State has under clauses 9 and 11 and by setting Northern Ireland-specific procedures for those regulations, including emergency provisions. Those changes are positive. They do, however, fall outside the scope of the motion before us today, which refers to the Bill as introduced. If the amendments are made, I will bring a subsequent legislative consent motion to the Executive. Hopefully, they will agree that promptly, and it will also be brought to this place so that any amendments can be dealt with. The amendments would give DAERA concurrent powers to make regulations in devolved areas and the power to impose a statutory duty on the Secretary of State to consult DAERA before making regulations that deal with devolved matters. In summary, the motion is about enabling Northern Ireland to contribute to global efforts to protect marine biodiversity. It is about ensuring that our marine environment is safeguarded for future generations while supporting sustainable economic opportunities. I commend the motion to the House, and I look forward to receiving Members' support for it.

737 words. Text as published by the Northern Ireland Assembly.

Assessment

Not flagged

Jev’s structured answers

Assessed 21 October 2026 at 14:17 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

Disagree with this assessment?

Classifications can be challenged. A person reads every challenge, and any change is recorded publicly above with its reason.

Challenge this classification