Meeting of the Parliament 15 January 2026
I am pleased to open this debate on the Biodiversity Beyond National Jurisdiction Bill, which was introduced to the United Kingdom Parliament on 10 September last year. I will refer to it as the BBNJ bill—I promise that that is the only acronym that I will use in my remarks.
The BBNJ bill implements the BBNJ agreement, which is a landmark international treaty that seeks to protect marine biodiversity that was agreed under the United Nations Convention on the Law of the Sea. The agreement relates to marine areas that lie beyond the jurisdiction of nations, in what is otherwise known as the high seas, which account for two thirds of our world’s oceans. In order to meet the obligations under that agreement, the BBNJ bill introduces measures to ensure that UK law accounts for the conservation and sustainable management of the high seas. The agreement comes into force this weekend, having passed the threshold for the number of ratifications, and the decision-making body known as the conference of parties is due to meet for the first time later this year. That has been the driving force for the timelines that we have been working to.
The Scottish Government supports the aims of that important agreement. We have been working hard with the UK Government over the past few months to ensure that the UK legislation is fit for purpose. The bill contains a number of provisions that fall within the devolved competence of the Scottish Parliament; it is those provisions that bring us to the chamber today.
Specifically, the bill provides for three key things. First, it provides for the sustainable management of marine genetic resources, including the fair and equitable sharing of benefits. Secondly, it provides for area-based management tools, such as those to protect specific areas in the high seas. Thirdly, it ensures that marine licensing takes account of activities in areas beyond national jurisdiction in a way that considers environmental impacts.
Although this Government is very supportive of the aims of the international agreement and is committed to constructive partnership working with UK Government to implement it, the journey to the motion for legislative consent that we are discussing today has not been straightforward and has, at times, been deeply frustrating.
There are two primary reasons for that. First, there was a rushed timeline and, secondly, devolution matters had to be addressed after, rather than before, the introduction of the bill. I will take a moment to set out those challenges, as I think that it is important for the Parliament to be aware of them.
The bill has been progressing through the UK Parliament on a compressed timeline in order to meet the UK’s deadline for ratifying the BBNJ agreement, which will enable the UK to participate in the first conference of parties. I make it clear that the Scottish Government has had no control over that. That timeline has exacerbated the challenges that we have faced in ensuring that the bill respects the powers of this Parliament. It is hugely regrettable that the first draft of the bill, which was shared with us only shortly before it was introduced, did not account for devolution. Although we secured some changes prior to the bill’s introduction, multiple intensive negotiations were required, alongside consideration of the bill, both here and at Westminster.
Addressing devolution in that way is far from ideal, but, all too often, it has become normal working practice for successive UK Governments. That causes frustration for members, especially members who are on the committees that are charged with detailed scrutiny of the legislation. However, I assure members that I have pressed those points with the UK Government at every step.
A final agreement, which secured the protections for devolution that are necessary for me to be in a position to recommend the bill to members today, was reached just before the new year. I informed the Net Zero, Energy and Transport Committee as soon as I possibly could, on Hogmanay. The measures in question are set out in our most recent legislative consent memorandum. Although the legislative consent process for the bill has been impacted by the factors that I have set out and has been hugely challenging, we have now been successful in securing measures that respect devolution.
It is important to emphasise what the bill will do and why it is necessary. It will protect our shared global environment, and it will do so in a way that involves multilateral working, as partners and co-operators, with fellow nations, at a time when both those things are under increasing threat and need the support of this Parliament.
I move,
That the Parliament agrees that the relevant provisions of the Biodiversity Beyond National Jurisdiction Bill, introduced in the House of Commons on 10 September 2025, and subsequently amended, relating to clauses 2 to 20, 22, 26, the schedule, a new clause after clause 9 (Power to make regulations: Scotland and Northern Ireland), a new clause after clause 9 (Procedure for regulations under section (Power to make regulations: Scotland and Northern Ireland)), a new clause after clause 9 (Consultation: Scotland and Northern Ireland), a new clause after clause 12 (Power to make regulations: Scotland and Northern Ireland (No. 2)), a new clause after clause 12 (Procedure for regulations under section (Power to make regulations: Scotland and Northern Ireland (No. 2))), and a new clause after clause 12 (Consultation: Scotland and Northern Ireland (No. 2)), so far as these matters fall within legislative competence of the Scottish Parliament and alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.
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