Antarctic Bill

– in the House of Commons at 11:00 am on 18 January 2013.

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Proceedings resumed.

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud 11:54, 18 January 2013

Following the Prime Minister’s statement, may I add my sympathies to those who have lost loved ones at this difficult time and concur with the thrust of all the questions put to him?

Let me return to clause 5 of the Bill, which we were debating an hour ago. We currently have a good opportunity to test clause 5, because amendment 2 is provoking a constructive debate about its purposes. It is important to bear in mind just how vulnerable some parts of Antarctica are, particularly the Southern ocean, which is of decisive importance to the environment, not least because it absorbs up to 40% of carbon dioxide. It therefore plays a major part in the overall global environment. It is also important to note that the Southern ocean has a considerably more complex food chain than might at first be apparent, so it is all the more important to ensure that it is protected. That is why we are right to support clause 5 as it stands—because it not only ensures that protection is the order of the day, but that action can be taken if something goes wrong. That is implicit in clause 5.

Photo of Kerry McCarthy Kerry McCarthy Shadow Minister (Foreign and Commonwealth Affairs)

The hon. Gentleman mentioned the seas in the area. Does he share my disappointment that the Commission for the Conservation of Antarctic Marine Living Resources failed to agree proposals for two marine reserves in the Southern ocean, one in the Ross sea and one in east Antarctica? Does he agree that it is important not just to protect the ice mass, as it were—the land in Antarctica—but to look for environmental protection for the oceans as well?

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

I am grateful for that intervention. The Bill looks into the marine aspects of Antarctica as well. Obviously we would be building on such measures in different ways, and although the Bill is specific about the provisions that the hon. Lady has already outlined, I take note of what she has said. Indeed, my interest in this area will lead me to discuss later the matter of promoting the protection of the Southern ocean.

Let me emphasise the value of clause 5 in connection not just with preparation, but with contingency planning. That is where clause 5 comes into its own, because it makes it clear that contingency planning is necessary, and it is easy to justify in connection with the rest of the Bill.

Photo of Philip Davies Philip Davies Conservative, Shipley

I absolutely accept my hon. Friend’s point, but surely he would accept that under the current arrangements, with the 1994 Act and annex V, people are already required to produce a management plan, which, as I see it, is not greatly different from what is proposed in clause 5. Does he therefore accept that there is still some doubt about whether clause 5 is as necessary as he says?

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

Clause 5 extends the preparation from simply producing a management plan to contingency planning. Contingency planning requires one to assess risk—to be well aware of what the risks are and how great they can be in the Antarctic. I believe we are extending something that is already good, and I am grateful for the suggestion, which we have heard today, that we are building on existing good practice. Clause 5 is a significant step in the right direction in ensuring that contingency measures are taken, because as my hon. Friend Mr Nuttall noted, we have had accidents. Those accidents have involved shipping and they have been significantly damaging to the ocean, and we do not want to see more of them, especially on Antarctica.

Photo of Geoffrey Clifton-Brown Geoffrey Clifton-Brown Chair, Committee of Selection

I commend my hon. Friend and parliamentary neighbour for introducing this important Bill. Antarctica is one of the last great wildernesses in the world, and it is essential for the world environment to preserve it and not to subjugate it under commercial interests. This Bill can apply only to British citizens and British organisations in the British Antarctic territories, so has my hon. Friend had any discussion with any of the other countries that have interests in Antarctica to find out whether they are thinking about enacting similar legislation?

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud 12:00, 18 January 2013

I am grateful for my hon. Friend’s intervention. Yes, I have had such discussions, and I was quite surprised to find out just how far some other countries have gone. The Netherlands provides a good example. It is already further on than we are in taking legislative action on Antarctica. I met a Netherlands member of Parliament during the climate change conference in Doha, and I was impressed with the level of legislative detail the country had gone into in respect of Antarctica. I have talked, too, to representatives of Chile and noted their interest in carrying out a similar policy. I am pleased to have an opportunity to confirm that there is a memorandum of understanding between Chile and the UK on Antarctica matters. That paves the way for more international co-operation and demonstrates that nation states are taking the issue seriously.

Photo of Nigel Evans Nigel Evans Deputy Speaker (First Deputy Chairman of Ways and Means)

Order. Before the hon. Gentleman rises, let me remind everyone that we are debating new clause 1. We are not debating the generality of the Bill, and we have a Third Reading debate to follow.

Photo of Bob Stewart Bob Stewart Conservative, Beckenham

I am hope what I am about to say will be about new clause 1, and it will be very quick. Is it not for the United Nations to co-ordinate international action?

Photo of Nigel Evans Nigel Evans Deputy Speaker (First Deputy Chairman of Ways and Means)

Order. The Bill’s promoter knows that that question has nothing to do with new clause 1, so I would be grateful if he would now get back to new clause 1.

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

I am grateful for the intervention of my hon. Friend Bob Stewart, which gives me the opportunity to underline the fact that there is a treaty, that various nation states have signed it and that they have an interest in new clause 1. New clause 1 is unlikely to be discussed in the United Nations. I am fairly confident of saying that without contradiction, but I take into account, of course, your observation, Mr Deputy Speaker.

Photo of David Nuttall David Nuttall Conservative, Bury North

Surely the point is that all the contracting parties will have an interest in ensuring that the treaty works properly?

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

That is absolutely right. One interesting point about new clause 1—this is one reason why we should not support it—is that more and more nation states are showing an interest in Antarctica. That brings pressure in respect of challenges to the Antarctica environment as well as numbers. Some of the new arrivals are not as interested as we are in making sure that the area is properly protected and that responsible actions are taken. By passing this legislation, we apply international pressure, ensuring that other nation states that need to do the same get on with the process and that the international focus on what is important for Antarctica—the protection of the continent—continually remains a top priority.

Amendment 1 deals with historic sites and monuments. It is an interesting amendment and it is right to discuss it because it provides an opportunity to make a very important point. The point is that the provisions relate to who is doing something, not to where the action is being taken. If we wanted to take action to preserve the hut of Captain Robert Scott and his colleagues, the fact that it is in what might be described as the New Zealand slice of Antarctica would not prevent us from doing so. As we would be going there to preserve the hut, British law would apply to our efforts to ensure that it was looked after properly.

While I have a huge amount of sympathy with the thrust of amendment 1, and while I think that the hon. Member for Bury North is absolutely right to remind us that we need to have the capacity to deal with all monuments and sites of historical interest, it is with the British people, and those connected with Britain, that clause 15 deals, and they are more than welcome to pursue such priorities throughout the continent of Antarctica. I therefore do not think that the amendment is necessary, although I do think that it has given us a useful opportunity to reinforce the point that everyone in our jurisdiction would be covered by the clause. Indeed, as the Bill’s promoter, I have welcomed the opportunity to comment on all three of what I consider useful amendments—not because I think that they should be included in the Bill, but because the House has been able to discuss them all properly and make some important points.

Let me summarise those points. With regard to the cost-benefit analysis proposed in new clause 1, the Bill is financially neutral. I do not think we should add any extra burden of bureaucracy, but I do think we should make clear that the real test is co-operation between all interested nation states in ensuring that the continent is properly protected, and ensuring that the measures on which we continue to work are properly supported and implemented by all of them. That is the test that I shall continue to press for beyond the passage of this Bill, because I believe it is critical.

The main issue in relation to amendment 2, which proposes the removal of clause 5, is that we are building on existing measures—and quite right too. It is good that the House has had an opportunity to test the validity of the clause, because it is important. It will ensure not only that there is a line of responsibility for operators, visitors, tourists and so on, but that they must have contingency plans. In the absence of those two measures, such people would make themselves vulnerable to punishment. The clause also includes the important provision that people and organisations should be properly insured for whatever they may do. The clause puts into domestic law a clear set of responsibilities for operators visiting Antarctica.

As I have already made abundantly clear, amendment 1, which refers to historic sites and monuments, is unnecessary, because clause 15 relates to the people who are doing something rather than where the action is taken. However, it has provided another useful opportunity for me to make it clear that we are taking responsible action, and enabling others to take responsible action, in protecting monuments and sites of historical interest.

Let me end by expressing my gratitude for the opportunity that the debate has given us so far to expose and develop some of the elements of the Bill.

Photo of Mark Simmonds Mark Simmonds The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

I congratulate my hon. Friend Neil Carmichael on getting the Bill to this stage, and I thank him for the time and trouble he took to visit Antarctica and his determination and commitment to securing environmental protection in the Antarctic.

I shall begin by setting out the overriding architecture of the protections currently in place for the Antarctic, as there seems to be some confusion about that. The Antarctic treaty was signed in 1959 by 21 countries. It has several purposes.

Photo of Nigel Evans Nigel Evans Deputy Speaker (First Deputy Chairman of Ways and Means)

Order. May I say to the Minister, as I have said to other Members, that we are talking about new clause 1 and the amendments, not the wider Bill?

Photo of Mark Simmonds Mark Simmonds The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

I am grateful, Mr Deputy Speaker, for your guidance. I was trying to put the implications of new clause 1 into context. The Antarctic treaty has 50 signatories, and the UK is one of the core 28 countries that play a positive role, and we intend to continue to do so.

I shall turn now to the amendments. On new clause 1, I say to my hon. Friend Mr Nuttall that the Government have prepared and made available a full impact assessment for this Bill. The impact assessment was independently reviewed by the Regulatory Policy Committee, which determined it was fit for purpose and that the costs and benefits of the Bill had been adequately assessed.

The most likely monetised costs to arise from the Bill were identified as additional premiums for insurance cover, which my hon. Friend rightly mentioned, and one-off costs to any operators who will need to update their equipment or plans to deal with an environmental emergency. The insurance industry was consulted, and it was suggested that additional insurance premiums to cover the costs of responding to an environmental emergency would probably either be minimal or non-existent. My hon. Friend the Member for Stroud made that point. Given the level of insurance already required by operators and vessels in Antarctica, it was suggested that that was the case for both small and large operators.

The one-off costs to operators of updating their equipment or plans was also deemed small, given that the vast majority of UK operators already meet the requirements.

Photo of Oliver Colvile Oliver Colvile Conservative, Plymouth, Sutton and Devonport

Has my hon. Friend considered how many people might want to visit Antarctica, and what the various consequences might be?

Photo of Mark Simmonds Mark Simmonds The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

My hon. Friend makes a good point. We have carefully assessed the number of scientists and tourists who might visit Antarctica, and if my hon. Friend is patient, I will address his point in detail later.

It is also essential to ensure compliance with the Bill’s provisions. As that will be achieved through the existing permitting system, the additional administrative costs will be negligible.

One non-monetised cost of the Bill might be that operators adjust their plans to avoid highly sensitive or remote areas. Training time may also be needed in respect of any equipment obtained for potential response action. Again, however, such non-monetised costs are not expected to be significant. The main non-monetised benefit is that the Bill will reduce the likelihood of an environmental emergency occurring in the Antarctic through effective forward planning and providing a deterrent to potential irresponsible behaviour. The Bill will also reduce the environmental damage caused by any environmental emergency that does arise; simplify permitting procedures for non-UK nationals; and improve the conservation and preservation of UK historic monuments and sites in Antarctica.

The Bill will also allow greater avoidance of the costs associated with undertaking environmental clean-up operations in Antarctica. Let me give the House a flavour of the costs. The most serious case of a maritime environmental emergency occurred when the Argentine vessel Bahia Paraiso sank in the shallow coastal waters in 1989, resulting in 600,000 litres of spilt fuel affecting nearby wildlife colonies. It was estimated that in today’s prices the resulting clean-up bill would be more than $10 million. These provisions are not reacting to hypothetical events; the Bill deals with real potential problems for the Antarctic.

I wish to address two or three specific points made by my hon. Friend the Member for Bury North, the first of which relates to the point I was making about tourism. We do not believe that the Bill will reduce tourism to the Antarctic. Tourism is a legitimate activity to undertake in Antarctica and its level has risen dramatically in recent decades. In 1992-93, fewer than 9,000 tourists visited Antarctica, whereas by 2011-12 the number had risen almost threefold to 26,000. The Bill actually helps to ensure that tourism is well planned and undertaken responsibly. It is also worth noting that the Bill implements the liability annex, which will come into force only when all states that are party to it have ratified it—I wish to discuss that later, because it is an essential part of the Bill. That ensures that UK operators, including tourists, stay on a level playing field with those from other countries.

In discussing his new clause 1, my hon. Friend also mentioned the need for post-legislative scrutiny. The Bill will implement annex VI to the environmental protocol to the Antarctic treaty, once the annex comes into force. The Antarctic treaty consultative meeting of state parties will review the operations of the annex across the whole suite of Antarctic operations. We therefore feel that a specific UK review outside the structure of these international mechanisms is not necessary.

My hon. Friend’s other point that merits a specific response relates to the exclusions from the Bill, including fishing for profit and transiting vessels. Other hon. Members have discussed this, including Kerry McCarthy, who rightly expressed disappointment in respect of the conservation of Antarctic living marine resources and the lack of agreement so far. I can give her a categorical assurance that we are working tirelessly to ensure that we bring the international community together to reach a satisfactory resolution. However, placing obligations on vessels that are just transiting Antarctic waters on a direct route to another destination would infringe their right of free passage in the high seas under international law. Such obligations would therefore contravene article VI of the Antarctic treaty.

I also have to say to my hon. Friend that the UK has demonstrated clearly its commitment to the implementation of marine protected areas in the Southern ocean. Earlier this year, the Government of South Georgia and the South Sandwich Islands announced one of the largest sustainable marine protected areas in the world, covering its entire maritime zone. I must put on the record the fact that that process was begun under the previous Government, and we have continued that important focus. So I hope that I have reassured my hon. Friend on his points about new clause 1.

Photo of Oliver Colvile Oliver Colvile Conservative, Plymouth, Sutton and Devonport 12:15, 18 January 2013

Last night, I was at the Royal Geographical Society attending a reception and talk by a number of the military who had just come back from a trip to Antarctica. If new clause 1 was introduced, would it not do quite a large amount of damage by discouraging the military from going down there and doing research? What about those scientists who go down, too? Will it have an impact on them?

Photo of Mark Simmonds Mark Simmonds The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

My hon. Friend makes a very good point. He will be aware that one of the exclusions under the Antarctic treaty concerns military operations in the Antarctic, although we have a presence there. We have a rescue vessel in case anything goes wrong and aspects of the Navy are there in relation to the Falkland Islands and the assistance we provide to them. There might well be problems for scientific research and the military if new clause 1 were implemented, which is one of the reasons I hope that my hon. Friend the Member for Bury North will withdraw it.

Photo of Philip Davies Philip Davies Conservative, Shipley

I take the Minister’s point of new clause 1. If there is no cost-benefit analysis, post-legislative scrutiny or whatever we want to call it, how will the Government assess whether the Bill is effective or whether we need to put more measures in place to protect the Antarctic?

Photo of Mark Simmonds Mark Simmonds The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

I am grateful to my hon. Friend for giving me the opportunity to clarify that point. We believe that the best place to do that analysis on an ongoing basis is under the architecture of the Antarctic treaty and at the Antarctic council, where the UK plays a significant, positive and engaged role. If opportunities emerge from that analysis in the future to add additional environmental protection with the agreement of all the other members of the Antarctic council, we will consider it extremely closely.

Photo of Philip Davies Philip Davies Conservative, Shipley

Is the Minister saying that the Antarctic council will effectively be carrying out the kind of cost-benefit analysis that my hon. Friend Mr Nuttall has in mind in his new clause? If the Minister is saying that, all well and good, but I was not entirely sure that that was what he was saying.

Photo of Mark Simmonds Mark Simmonds The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

The Antarctic council, as well as the UK as an important part of that council, will assess the whole gambit and remit of the working of the Antarctic treaties and the Bills that have come out of the protocols that developed out of the 1959 agreement, the 1961 treaty, the 1994 Act and the protocols agreed in 2005. I can give my hon. Friend the assurance that there will be continual assessments, but the assessments the Government have made in the run-up to the Bill demonstrated, as I said earlier, that there will be no significant additional costs or detrimental impact on UK businesses or scientific operations as the Bill is structured.

Let me address the second set of remarks made by my hon. Friend the Member for Bury North on amendment 1 to clause 15, which relates to historic sites and monuments as provided for under annex V of the protocol on environmental protection to the Antarctic treaty. It is important to note that any party may propose a site or monument of recognised historic value for such designation to the Antarctic treaty consultative meeting. As the Antarctic treaty system operates on the basis of consensus, the agreement of all Antarctic treaty parties is needed for such a designation to be approved. Once approved, the proposed site is added to the approved list of historic sites and monuments, which is kept updated by the Antarctic treaty secretariat. As Members will no doubt recognise, the designation of historic sites and monuments and the protection that affords them under the Antarctic treaty and subsequent protocols is of extremely high importance to the United Kingdom, as we have significant historical ties with and have taken a significant interest in the Antarctic since Captain Scott’s visit there. It is important on this day to recognise the bravery and commitment of those early explorers.

I want to ensure that the House understands that clause 15, as drafted, provides that the Secretary of State will grant a permit to any British national involved in such work. That will ensure that the work is undertaken to high standards, and that a proper system is in place to guarantee that any artefacts removed for conservation work remain protected until they can be returned to Antarctica. That is important because the British Antarctic Territory has published a heritage strategy for the conservation of the British historic huts and other artefacts in the territory, which has been agreed with the United Kingdom Antarctic Heritage Trust and the British Antarctic Survey. That sets out overall principles for heritage conservation in the territory, and the United Kingdom Antarctic Heritage Trust has developed such plans, and undertakes a programme of maintenance at some of the sites, particularly the huts, each year. The Foreign and Commonwealth Office has granted the trust £100,000 in 2011 to support that important work, and the Government of the British Antarctic Territory share profits from the sale of stamps and coins, which also helps to support the trust’s important work.

I am sure that all Members of the House share the national pride in the historic discovery, exploration and scientific pioneering legacy of the UK in Antarctica. The scientific legacy of Captain Scott’s exhibition permeated many of the studies undertaken in subsequent years. British graves and other important legacy aspects are also there.

Photo of Martin Horwood Martin Horwood Liberal Democrat, Cheltenham

Is the Minister aware that it is a poignant time to be discussing this subject, because it is more or less the 100th anniversary of the news finally reaching England, and indeed my constituency, that the Scott expedition had met its very unhappy end? One of those who died, of course, was one of Cheltenham’s most famous sons, Dr Edward Wilson.

Photo of Mark Simmonds Mark Simmonds The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

I thank my hon. Friend for that comment. Of course he is absolutely right.

I reassure Members that clause 15 already allows for suitable amendments to be made to section 10 of the 1994 Act to ensure the long-term protection of Antarctica’s cultural heritage. The British historic legacy spans right across Antarctica, as do our responsibilities under the Antarctic treaty system. It is therefore crucial that clause 15, which is vital to the support and the longevity of historic and monumental sites in Antarctica as well as the objects housed within them, is extended to the whole of Antarctica, not just those historic sites and monuments in the British Antarctic Territory. I am therefore pleased to be able to reassure my hon. Friend the Member for Bury North that the amendment is unnecessary. The 1994 Act already ensures the regulation of British activities in Antarctica. As clause 15 is an amendment of section 10 of that Act, it will apply also to all historic sites and monuments designated under the Antarctic treaty system, wherever they are in Antarctica.

I shall now address the suggestion made by my hon. Friend Philip Davies that clause 5 be removed from the Bill. Before I respond to my hon. Friend, I want to ensure that the House understands exactly what clause 5 does. It places a requirement on people who are organising activities that are to be carried out in Antarctica, and which are connected with the United Kingdom, to take reasonable preventive measures designed to reduce both the risk of environmental emergencies arising from those activities and the impact that such environmental emergencies might have. The requirement must be fulfilled before the person who is carrying out the activities enters Antarctica.

Photo of Jake Berry Jake Berry Conservative, Rossendale and Darwen

I reinforce the points that my hon. Friend just made about identifying people who might pollute the Antarctic environment, because the Bill enshrines the “polluter pays” principle. Historically, we have found it very difficult to identify that polluter, and often, as time has gone by, the polluter is no longer around to remediate the damage they have done. That is why I strongly support the specific point in the Bill that says, “Let’s find out who the polluter is before the damage can be done.” I think that is very important.

Photo of Mark Simmonds Mark Simmonds The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

My hon. Friend makes an extremely pertinent point. He is right in his assessment of the importance of both the Bill as a whole and the “polluter pays” principle. Many of the clauses are designed to act as a deterrent to ensure that the appropriate mechanisms, thought and strategies have been put in place to stop any emergency occurring and to react quickly in the unfortunate event of an environmental emergency in Antarctica.

I would argue that it is essential that steps are taken to prevent environmental emergencies occurring. It is the Government’s view that the provisions in subsections (4) and (5) of the 1994 Act requiring persons organising activities in Antarctica to make contingency plans prior to their arrival in Antarctica are entirely sensible and appropriate. They are also a direct reflection of the requirement in article 4(1) of the liability annex to ensure that response plans are in place.

The requirement to produce contingency plans in clause 5 covers a wider set of circumstances than both the requirement to take preventive measures and the duty to take response action under the 1994 Act, which focuses entirely on environmental emergencies. Contingency plans should cover environmental emergency scenarios as well as those involving other incidents with a potential for adverse impacts on the Antarctic environment. They also ought not to be limited only to those emergencies and incidents that result from planned activities, but should consider such events as may affect the carrying on of a planned activity. Many of these elements can be foreseen and planned for and form part of good contingency planning practice. However, it is not necessarily expected that every potential incident could be foreseen at the pre-planning stage.

Kerry McCarthy was right to raise the importance of prevention and preventive measures. Despite the fact that the FCO can already require someone seeking a permit for their Antarctic activities under the Antarctic Act 1994 to take preparatory measures—a point that was made very clearly and articulately by my hon. Friend the Member for Shipley—we are strongly of the view that there is still a need to legislate to implement fully the requirements of the liability annex. The annex states that each party is to require its operators to undertake these tasks, whether or not that party has prior authorisation.

Let me address the point that my hon. Friend the Member for Shipley made in relation to guidance requirements on contingency and pre-planning which already exist, as we have signed annex VI of the protocol. The guidance that we issue requires contingency and pre-planning because it is good practice in the UK, ahead of the curve, not because we have signed the annex. It is therefore important that we put this into a legislative structure. However, it will apply only to operators who apply to the FCO for a permit, not to all UK operators, as required by the annex. That would clearly change if we put it in a legislative framework.

It is clear that there is a strong connection between this provision and the 1994 Act. For those UK operators who go through the UK’s permitting process, and who are already subject to these, there are clearly advantages. For these operators the Government would be keen to ensure that there is no duplication of effort and no additional bureaucracy arising from these proposals.

Let me clarify a couple of points that relate to clause 5. There was a little confusion earlier, so let me inform the House that there is no relationship between annex V of the protocol, which provides for the designation of sites requiring protection, and clause 5, which seeks to ensure that all those going to Antarctica undertake pre-planning and prepare contingency plans.

So far, six countries have ratified the protocols—Finland, Peru, Poland, Spain, Sweden and Australia—and we very much hope to be the seventh. I can assure the House that once the Bill is passed we will forcefully attempt to persuade other countries to ratify as quickly as possible so that the contents of the Bill can be implemented as quickly as possible.

It is essential that clause 5 remains part of the Bill to ensure that best practice is enshrined in UK law. That best practice is enshrined in international law by the liability annex. The clause must also be seen in the global context. While the liability provisions are symbolic and central to the liability annex, they are likely to be invoked only in very rare circumstances and are intended primarily to act as a deterrent. The real value of the liability annex for Antarctica is the proposed introduction of a duty on all state parties to ensure that their operators take preventive measures and make contingency plans that will apply to all expeditions, not just those that have a permit from the UK.

Given those assurances, I hope that my hon. Friends the Members for Bury North and for Shipley will withdraw their new clause and amendments.

Photo of David Nuttall David Nuttall Conservative, Bury North 12:30, 18 January 2013

We have had a very full and comprehensive debate on new clause 1 and my amendment, and on the amendment tabled by my hon. Friend Philip Davies. I have listened closely to what Members have said, particularly the promoter of the Bill, my hon. Friend Neil Carmichael.

On the new clause, the Minister said that there will be a reassessment of the effectiveness of the protocol once it is passed into law by all the nations that are signatories to the treaty, and he has reassured me on that point. It is important that international mechanisms are used to review the effectiveness of the treaty.

In respect of my amendment, which relates to historic sites and monuments, I am sure that the whole House will be as reassured as I am that the protection that is necessary for the huts of Shackleton and Captain Scott to be preserved is already contained within the treaties and the Bill.

Photo of Philip Davies Philip Davies Conservative, Shipley

The Minister made some very good points about my amendment, as did my hon. Friend Neil Carmichael. I am as satisfied with the explanations given on my amendment as my hon. Friend Mr Nuttall appears to be with regard to his amendments.

Photo of David Nuttall David Nuttall Conservative, Bury North

I am grateful to my hon. Friend for making his view clear to the House. I said that I might be persuaded by his arguments, but I am grateful that he was persuaded by the other arguments, and that clause 5 will remain in the Bill. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn

Third Reading

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud 12:38, 18 January 2013

I beg to move, That the Bill be now read the Third time.

I am grateful for all the comments that have been made throughout the debates on the Bill, not least on Second Reading and in Committee. There has been a huge amount of all-party agreement about the purposes of the Bill.

Photo of Martin Horwood Martin Horwood Liberal Democrat, Cheltenham

May I take this opportunity to congratulate my hon. Friend and neighbour in Gloucestershire on bringing the Bill this far? The Bill is vital for the future of Antarctica and the wider environment that it represents. He has the full support of the Liberal Democrats for the measure.

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

I thank my hon. Friend very much. I appreciate that, not only because the Liberal Democrats are part of the coalition Government, but because it is good to know that all parties support the Bill. I am grateful for the shadow Minister’s comments earlier on the Opposition’s support for the Bill. The Bill is important precisely because we all care about the future of Antarctica and recognise its vulnerability, as well as its awesome size and climate. The widespread agreement on the Bill is therefore impressive and reassuring to me and to others who have worked on it.

I also appreciate the number of people who have congratulated me in one way or another on the work that we have done thus far. I reassure the House that I will not stop trying to ensure that the Act—if the Bill becomes and Act—is used as an instrument to encourage other nation states to do what we have done and underline the need to protect Antarctica for the foreseeable future. In my book, that means a very long time.

As I have informed the House, I visited Antarctica at the beginning of the new year. I went with the British Antarctic Survey, supported by the Foreign and Commonwealth Office. I was pleased to have the opportunity to go there for several reasons. The first was, funnily enough, to understand more about why this measure really matters. That became increasingly obvious the closer I got to Rothera, the main base of the British Antarctic Survey, where we have up to 90 people working in various ways.

This is a good opportunity to pay tribute to the work of the British Antarctic Survey. What it does really matters. I would like to emphasise the extraordinary amount of scientific research that is undertaken at

Rothera and on other bases. We were there for only five days, but we looked at all sorts of research projects. For example, there is research into the future of the Southern ocean, its role in absorbing carbon, its changing food chain and the changing temperatures of the water at different levels. All of that matters because we need to know how our changing climate is influencing things and what the consequences might be for that continent and the various crustaceans, fish and other wildlife living in and around Antarctica. It was impressive and encouraging to see that the work being done to study the ocean is of such huge value in terms of science, research and commitment.

Photo of Oliver Colvile Oliver Colvile Conservative, Plymouth, Sutton and Devonport

I do not know whether my hon. Friend is aware of this, but in the very depths of the waters of Antarctica, creatures are still being discovered. I do not know whether the British Antarctic Survey talked to him about that. It is important not only that we carry out a large amount of research in that area, but that we do not endanger those species.

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

Absolutely, and I thank my hon. Friend for that intervention. Not only is he right about the new discoveries, but another interesting point is that existing marine life is taking a different shape in terms of breeding and growth and so on because of the changing temperatures. All that is part of the science that we need to see, which, of course, has been helped by really interesting technology, most particularly a glider—for gliding through the ocean, not the air—that is able to co-ordinate its own pathway and send valuable signals back to Rothera about what it is finding throughout the ocean, from top to bottom and along the bottom. We should be taking note and celebrating that kind of research and science. There was other scientific work as well.

Photo of David Nuttall David Nuttall Conservative, Bury North

My hon. Friend has explained that he went to Rothera, which is one of the year-round stations. As he will know, however, there are also two field stations: Fossil Bluff and Sky Blu, with Fossil Bluff being nearest to Rothera. Did he have the opportunity to visit the research stations?

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

No, I did not get to Sky Blu although I heard an awful lot about it. It is a very important part of the work by the British Antarctic Survey and will remain so for some time. It is excellent that it is doing so well and contributing so much to our knowledge base about what is happening, and what will and could happen on that continent.

We were also told about long-term record keeping of weather conditions, temperatures and so forth. That is important because we cannot just take a snapshot now and make a judgment; we need to go back some years. The British Antarctic Survey has been working on climate change, looking for patterns and studying changes for nearly 20 years. That knowledge base is important and it is used by others as a benchmark for measuring developments in climate change.

Photo of Jake Berry Jake Berry Conservative, Rossendale and Darwen

My hon. Friend is speaking interestingly about the work of the British Antarctic Survey. Did he get the opportunity to see some of the work that it has been doing on ice cores to measure the historical carbon dioxide content in our atmosphere, which is hugely important in global warming and climate change?

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

Yes I did, and the ice cores are from drilling down into ice that is 800,000 years old. That tells us a huge amount about what was happening to the air, because trapped within the ice are very small air bubbles that contain strong messages and signals about what life was like all those years ago. Ice core research is a huge logistical exercise. First it has to be drilled and transported, and then it needs to go to Cambridge for proper evaluation.

That brings me to the important role that the British Antarctic Survey plays in providing logistics, not just to the scientists—although that is crucial—but to visitors and other structures. I want to emphasise the international nature of the British Antarctic Survey. It is able to help other nation states in their work and I was particularly struck by the good relationships that exist between the various countries represented, in connection with scientific discoveries and the work they do.

As I mentioned in connection with clause 5, the memorandum of understanding between Britain and Chile was signed before Christmas and is clearly much appreciated by the Chileans. Britain also has relationships with other European countries, which serves to enhance the quality of the work—not least because a Dutch contingent of scientists at Rothera is doing important work in the invertebrates department—and shows the level of co-operation. Co-operation is necessary in the Antarctic continent because the risks are great—they really are great. Not being able or willing to help others would be a danger, but that danger does not exist because of those good relationships.

The British Antarctic Survey performs another important role: the simple fact of being there. It is important that Britain has a proper location in Antarctica that it supports and promotes. I was impressed by the level of dedication shown by everybody at Rothera and in all parts of the Survey’s activities. Ultimately, they are there for their work, and for their commitment to science and to the continent. However, by being there, they also show Britain’s commitment to the continent. That has to be noted, celebrated and properly recognised. For those reasons, I was pleased to go to Antarctica and meet people from the British Antarctic Survey, to thank them for all they have done, reassure them of my personal support and the continued support of the Government, and underline the fact that by visiting them we are signalling that we appreciate the things they do. We understand the stresses and strains involved in their work, and we want them to know that it is properly appreciated. I thank the British Antarctic Survey for giving me an opportunity to see all of that.

Photo of David Nuttall David Nuttall Conservative, Bury North

While my hon. Friend was on his visit, did any of the scientists he met express any views about the Bill?

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

Yes, they did. They were extraordinarily appreciative of it going through Parliament, and thanked me for promoting it. The Bill was one of the reasons I was there, and I learnt a lot about the impact it will have on Antarctica. I saw the appreciation from members of the British Antarctic Survey, and noticed that other countries were also appreciative of the Bill, particularly Chile. I was with the Chileans for some time, as we flew to Chile before we got to Antarctica. I had the opportunity of visiting the Chilean Antarctic Institute, which is the

Chilean equivalent of the British Antarctic Survey. Like us, it has a strong science wing and recognises the importance of logistics—although it does not use its own, but accesses other logistical services—and like us, it recognises the importance of international co-operation. In terms of regional geopolitics, that co-operation is all the more important given the issues relating to the Falkland Islands, Argentina and other nation states. The presence and commitment that we have demonstrated in Antarctica for decades and the relationships we are developing with nearby nation states are necessary to ensure that our broader interests are protected and enhanced.

Photo of Jake Berry Jake Berry Conservative, Rossendale and Darwen

The legislation relating to Antarctica is a template that we should seek to replicate across the globe. It is an exemplar of co-operation between countries that can put their national differences aside. Does my hon. Friend share my pride in the fact that Britain is front and centre in pushing forward international co-operation to protect what is probably the last unspoilt area of the globe? We can take national pride in that, and I believe my hon. Friend should take personal pride in the huge contribution that he is making through his Bill.

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

I thank my hon. Friend for his generous intervention. I must emphasise the pride that I take in Britain’s leadership in this area. We have led from the front, and we continue to do so. If my Bill is passed, I will ensure that that work continues through the activities that I will undertake. I will do that even if it is not passed—although I hope it will be—because I am determined that Britain’s leadership should continue in all the areas that I have described. I am very proud of it.

I was particularly proud to visit the British club in Antarctica, where Sir Ernest Shackleton based himself during his attempt to rescue his men nearly 100 years ago. That whole building is laden with history. It was fascinating to walk into a room that had remained relatively unchanged since he was there making those decisions and bold moves to save his men, and showing exemplary leadership and commitment to those he led. It was quite moving. Sir Ernest Shackleton is another example of the tremendous leadership that this country has demonstrated, both personally through people such as him, and nationally through our overall direction of travel on that continent.

We must also salute Captain Robert Scott. Yes, his reputation took a slight dip, but people are quite properly recognising the sheer enormity of his achievement in getting to the south pole. Also, while he was going there and attempting to come back, he was still committed to carrying out scientific research. It is not often remembered, but it should be noted that temperature changes and other data were being collected right up to the end.

Photo of Oliver Colvile Oliver Colvile Conservative, Plymouth, Sutton and Devonport

Is my hon. Friend aware that Plymouth was Captain Scott’s home town? The Plymouth marine laboratories have done an enormous amount of research on climate change, and there is a great tradition in Plymouth of ensuring that that continues to happen.

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

Absolutely. I have been to the university in Plymouth. I presented a paper on restructuring the Department for Environment, Food and Rural Affairs, but my thoughts were not taken into account by the then Prime Minister. There we are. I enjoyed my time there, however.

My constituency of Stroud has a strong connection with the Scott memory. Sir Peter Scott, the son of Captain Scott, established the Slimbridge Wildfowl Trust there. That was emblematic of Captain Scott’s wish—almost his last wish, in fact—that his son should get involved in that kind of activity. It is also emblematic of the fact that my constituency is interested in protecting the environment and is prepared to take the necessary steps to do so. I am proud of that connection between my constituency and Antarctica. One reason why I am so pleased to be able to take the Bill through the House of Commons is that there is a huge synergy between protecting the environment in my constituency and the need to do so in Antarctica. My constituency link and that of my hon. Friend Oliver Colvile are strong and should be clearly stated.

I touched on the foreign policy aspect of the legislation when I mentioned Chile and Argentina. It is important to note that other nation states are becoming interested in Antarctica.

Just 12 nation states signed the treaty in 1959, but now the number expressing an interest in Antarctica exceeds 50.

Unlike us, however, some of those nation states do not have aims and objectives consistent with a determination to protect the environment. We should be using our influence to ensure, first, that all nation states respect the idea that Antarctica should remain properly protected and not be exploited, and secondly that it remains demilitarised. It is important to state and restate both those points, because we have to remember that Antarctica is pristine, vulnerable, pivotal to our climate change issues and has no Government. It rests upon interested nation states to come to an agreement, including on territorial claims, about which we have heard in the past few weeks and whose contest the treaty suspends. We should take note of that.

Photo of David Nuttall David Nuttall Conservative, Bury North

My hon. Friend makes a good point about the work of the Antarctic treaty consultative meeting—the highest level of government controlling the area—which will next occur in Belgium in May. Does he have any plans to attend that meeting on behalf of the House?

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

I have no immediate plans, but it is important that we are properly represented at such gatherings. I know that the Government will ensure that their views are expressed and their contributions made—given the Minister’s excellent performance, we can be confident of that—but my hon. Friend makes a good point. As I have said already, I am committed to ensuring that other nation states do the right thing, behave in the right way and take the appropriate steps to improve and protect Antarctica.

Political leadership is extremely important and it is right that Britain plays a significant leadership role, because we were one of the first nation states to show an interest in Antarctica and have been consistent on it ever since. We have always conducted ourselves responsibly—I do not expect to be contradicted on that—and we should be encouraging others to follow that example.

We debated the Bill in detail on Report, but it is important briefly to canter through its key parts.

Photo of Oliver Colvile Oliver Colvile Conservative, Plymouth, Sutton and Devonport

Has my hon. Friend had any discussions with the Irish? I understand that they have not been quite as quick to sign. They have accepted what they need to do, but they have not signed. I am concerned about why they have not done so. Have there been discussions with the Irish Government?

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

That is one Government whom I have not spoken to about Antarctica. I met an awful lot of Irish people yesterday, but we did not actually talk about Antarctica—we talked about art. My hon. Friend is right, however, that we need to encourage nation states to do the same. There is a question not just of quantity, but of quality. We are legislating thoroughly on our agreements under the treaty, but some countries have not been as thorough, and we need to ensure that they become more so. The example of the Netherlands and ourselves is the right one.

Where we are seeing, basically, expressions of commitment to the treaty, we need to see more, and we certainly need to see nation states such as the United States ensuring that they, too, take action. I have already been in touch with environmentalists in the United States to see how we might encourage a proper debate about the issue in Congress. I am working on these things. I intend to encourage all nation states to take the right action at an event later this year, when I hope to gather their representatives and explain what we have done, why we have done it and why they should do the same. That is absolutely right.

Let me continue with my brief canter by underlining the importance of encouraging operators, visitors, tourists and everybody else involved not just to plan for their trip, but to plan contingency measures, to recognise that they have to behave in a properly responsible way and that insurance is necessary just in case things go wrong. If things go wrong, we need to be sure that tidying-up operations can take place in a timely, efficient and comprehensive manner. That is one part of the Bill that we effectively discussed in our debate about clause 5, and quite right too. I think we all agree that it is a good clause and part of that whole process.

Photo of Jake Berry Jake Berry Conservative, Rossendale and Darwen

I want to raise the issue of insurance, which is not covered in clause 5. As my hon. Friend knows, it is covered in clause 6—there is some cross-reference between the two clauses. Does he know—I must admit that I do not—whether there is a developed and advanced insurance product readily available to people seeking to go to Antarctica today, or hopefully after the Bill becomes law, that they could effectively sign up to now?

Photo of Neil Carmichael Neil Carmichael Conservative, Stroud

We have discussed insurance in some detail, because there are different types of insurance—in the shipping world, the tourist world and so forth. Obviously more products will be developed; the key thing is that people have to demonstrate that they are properly insured. I would have thought that things such as self-insurance and so forth will not meet the criteria set out. As more and more people wish to go to the Antarctic and the demand for more complex insurance mechanisms increases, I am sure that more will be developed. The key point, as I have said, is that there is no governance of Antarctica; therefore we need special dispensation through the treaty and the legislation, as in the case of shipping, to ensure that appropriate insurance cover is always made available. We discussed that issue in the consultation process, before the Committee stage. That is where were are; so yes, we should see more and more insurance packages becoming available as appropriate.

The second part of the Bill extends protection to flora and fauna, including invertebrates, by ensuring that we do not import problems into Antarctica and so on. That is absolutely right and proper. When I visited Antarctica I noticed a keen interest in that aspect of the Bill. I was pleased to be able to reassure those who were concerned about the risks to the various crustaceans and so forth that we were talking about that we have taken action in the Bill. That is really quite good.

The other aspect of the Bill is the monuments and historical sites. We could talk at length about those; the key point is that we need a responsible way of protecting them. We need to ensure that measures can be taken to put appropriate support mechanisms in place. We benefit from the tremendous work of the various trusts, organisations and others who are interested in doing this, and I pay tribute to them.

Those are the key parts of the Bill. They add up to a very strong commitment by Britain to do the right thing for Antarctica. By that, I mean protect its environment, making sure that British interests are still prominent, and continue to work in an international framework to encourage other nation states to do the same. That is the direction of travel of the Bill, and I intend it to follow it with vigour—and, hopefully, with the continued support of colleagues.

I commend the Bill on Third Reading.

Photo of Oliver Colvile Oliver Colvile Conservative, Plymouth, Sutton and Devonport 1:10, 18 January 2013

Let me start with a quote:

“To strive, to seek, to find, and not to yield”.

Those are the words that appear on the Scott memorial at Murdo Sound in the Antarctic. They appear, too, on the statue here in London, and, I am delighted to say, in Plymouth overlooking the Sound.

I am most grateful for the opportunity to speak in this debate. I congratulate my hon. Friend Neil Carmichael on introducing the Bill and on encouraging and allowing me to serve on its Committee stage, helping it to reach its current position. I feel that we are within inches of the final yard we need to travel to get over the line and get the Bill on to the statute book.

I have to declare an interest. I am a trustee of a charity that deals with the Antarctic, and I was invited to get involved by Dr David Wilson, the great nephew of Dr Wilson who, along with Captain Scott, Bowers, Evans and Oates, died on the ice on 29 March 1912. As I said earlier, yesterday was literally the 101st anniversary of the Scott expedition’s arrival in the south pole. I am also a vice-chairman of the all-party group on the polar regions, of which my hon. Friend the Member for

Romford (Andrew Rosindell) is chairman. Until recently, there was, sitting downstairs in the passageway here, an exhibition of a medal called the polar medal, which was produced after Scott’s activities on the ice. When I have walked past it, I have always been delighted to take a little time to look at it.

I pay tribute to Foreign and Commonwealth Office Ministers for renaming, in the jubilee year, that part of Antarctica unofficially known as the Edith Ronne Land as Queen Elizabeth Land. I think that shows a clear commitment that our country has demonstrated to Antarctica. I am told that the area is situated in the Weddell Sea between longitudes 20°W and 80°W, stretching from the Filchner-Ronne ice shelf to the south pole. That was a very useful thing to do in that year.

I became interested in Antarctica because Captain Robert Falcon Scott, born in 1868, was brought up in Stoke Damerel—as well as being born there—and attended what is now Stoke Damerel community college in my Plymouth, Sutton and Devonport constituency. He is, without a shadow of a doubt, a greatest son of Plymouth, along with Sir Francis Drake and other great, wonderful naval sailors. Quite rightly, Scott has been rehabilitated as one of Britain’s great national heroes. I know that my right hon. Friend the Prime Minister has been greatly interested in what has been taking place and has watched it very closely. Last year, when my hon. Friend Mr Gibb was the Minister of State at the Department of Education, he visited the school to see for himself some of the Scott memorabilia, including a pair of his skis. I am told that quite a large number of them were littered around the world, but I am delighted to say that we have some in Plymouth.

Scott’s tragic expedition was principally to undertake scientific environmental research. There has been a great deal of discussion about whether it was a race between him and Amundsen. I am told, very firmly, that it most certainly was not. Scott conducted his environmental research very effectively. As my hon. Friend the Member for Stroud told us earlier, the last message that he sent his wife before he died was about his son Peter Scott, the well-known environmentalist and founder of what is now the World Wide Fund for Nature. He asked his wife to

“make the boy interested in natural history”.

Last year the Natural History Museum organised a very interesting and worthwhile exhibition which showed what Scott had been doing during his time in Antarctica.

Yesterday evening I went to a reception and lecture at the Royal Geographical Society. Some members of the military who had been on a very similar expedition to Antarctica explained to me how difficult the climate is down there. They said that people must be incredibly fit in order to survive. I am delighted to learn that there are now a number of global positioning systems so that we can have much better records of what is happening to the atmosphere.

Captain Scott’s legacy is highly commendable, and it is a very big legacy as well. Should the Bill become law, I shall be proud to be able to play a small role in the safeguarding of our environment in one of the most important parts of the world.

Last spring, shortly before the Scott centenary memorial service at St Paul’s Cathedral—it was addressed by the Bishop of London, who did an incredibly good job—I went to the constituency of my hon. Friend Dr Huppert, where I visited the British Antarctic Survey and looked at some of its work. I am delighted that it has been decided not to get rid of the British Antarctic Survey and merge it into the Natural Environment Research Council, and that the BAS will retain its own distinctive identity.

During my visit, I learnt that—as my hon. Friend the Member for Stroud said earlier—the BAS had drilled 800,000 years into the ice, taken out that ice, and was analysing what had happened to the climate over those 800,000 years. It is still conducting that analysis. I even had an opportunity to touch some of the ice, which made me feel that I had touched 800,000 years’ worth of our climate. That work has had a major impact on the whole climate change story, which I find incredibly interesting. It convinced me that things are indeed happening to our atmosphere which are having significant effects.

The BAS concluded that for the vast majority of those 800,000 years there had not been much climate change, although there might have been some global warming, mainly owing to slight tilts in the earth’s axis. However, it also found that during the 300 years since industrialisation began, there had been a significant amount of acidification of the atmosphere, which had produced much of the climate change. Acidification produces rain, which falls on to the earth or into the sea, where it is having a major impact on our fishing stocks. There are signs that some of the plankton and krill on which fish feed are moving. The Bill is important because it seeks to ensure that we are much more environmentally friendly, and I hope that the Foreign Office and the British in general will be taking the lead in that.

When I was a child, I was always taught that the difference between the Arctic and the Antarctic was that the Antarctic was land surrounded by sea, whereas the Arctic was sea surrounded by land. Moreover, as my hon. Friend the Member for Stroud will know, penguins live in the Antarctic and polar bears live in the Arctic. Those are quite ways of remembering which is which. I do not know whether my hon. Friend has read “Penguins stopped play: eleven village cricketers take on the world”, a book about a man who went off and played cricket in every continent, including the Antarctic. I believe my hon. Friend Matthew Hancock has also played cricket in the Antarctic. Recently, devotees of Sir David Attenborough will have watched the much-acclaimed “Frozen Planet”, which was very informative, too.

There is an enormous amount of tourism in the Antarctic, and unless we are very careful, at some stage there will be an accident. If so, the ferry or cruise ship operator involved should be held responsible for clearing up all the damage. We must not, however, discourage scientists from going to the Antarctic, and we should also encourage parts of the Government to use it for training purposes.

I am delighted this Bill will be enacted, and that it will ensure tourist operators are held responsible for any accidents under their watch.

Photo of Philip Davies Philip Davies Conservative, Shipley 1:21, 18 January 2013

It is a pleasure to follow my hon. Friend Oliver Colvile, and to learn of his expertise and interest in this matter, particularly as it relates to Plymouth. It was a pleasure to speak on Second Reading, and I am delighted to have an opportunity to speak on Third Reading, too.

I congratulate my hon. Friend Neil Carmichael. He has built up a significant amount of knowledge about this subject. I was particularly struck by the fact that he has visited the Antarctic in his endeavours to guide this Bill through Parliament. That shows great dedication. Buoyed by his triumph with this Bill, he may well be thinking of introducing a future private Member’s Bill on, perhaps, the Caribbean, and of making it his policy to visit every place his Bills address. If he does not do that, I am sure other Members will have noted the initiative he has deployed, and will want to build on his example.

The Bill is important, and my hon. Friend should be immensely proud of steering it through Parliament. As we all know, managing the progress of private Member’s Bills is always a challenge, and it can be difficult to guide them over all the hurdles put in their way. Fortunately, the Members who tend to erect those barriers are not present today to block the progress of this Bill, and my hon. Friend has good will from both sides of the House. He has argued for the Bill with characteristic charm, too, which has also stood him in good stead.

I certainly do not oppose this Bill. It implements an important part of the Antarctic treaty system, complementing and completing the set of internationally binding agreements. This is a noble cause. We must focus on both environmental protection and scientific research. Our country has a long and proud history of being at the forefront of both of those important endeavours, and the Bill continues that tradition. This country has always been in the vanguard of exploring the unknown and finding new ways to do things, thus revolutionising the way we live.

Antarctica is, of course, an unspoilt part of the world, which is why we need to ensure the conditions imposed by the Bill are fulfilled, and any other legislation is also enforced. It is one thing having the legislation in place, but it is quite another to make sure it is enforced. The Bill achieves the first part, and it is crucial that all the relevant authorities are involved in making sure the letter and spirit of its provisions are followed.

The Bill seeks to implement the liability annex to the Antarctic treaty that was agreed in 2005; the protocol has six annexes and, as we know, the first five are already in force, so this is the next stage of that process. Determining how the environment of the Antarctic will evolve over the next century presents challenges and has many implications for science and for policy makers. One reason why this is so important is that travelling to the most distant corners of our planet is becoming more and more popular. Such travel is becoming less of an issue, less of a challenge and more logistically possible. It is becoming more popular for adventurous people, such as my hon. Friend the Member for Stroud, who want to explore distant corners of the planet. I do not think we can call them backpackers; they are just adventurous people. That increased popularity of travel is why the implementation of annex VI to the protocol on environmental protection to the Antarctic treaty is so important. Implementation has been delayed and it is an outstanding issue, which is why it needs to be finalised.

When the Government find it difficult to find the time for certain legislation, private Members’ Bills are the appropriate route to take, and this is a very appropriate Bill to steer through, particularly given that it has all-party agreement. It amends the Antarctic Act 1994, and I wish to refer to something that Jeremy Corbyn said when that Antarctic Bill was being debated. I do not always agree with him, but I agree with the following:

“The environmental message from the Antarctic is absolutely overwhelming. There is no other place on earth where one can drill for a core sample. In the Soviet research base the deepest possible ice-core samples have been drilled. We can check what the water purity was like as long ago as 500 years…We can see what we are doing to the planet by studying core samples of ice in the Antarctic.”

He went on to say:

“The Antarctic has the largest amount of water locked up in it of anywhere in the world. The Antarctic demonstrates the fragility of the planet and the ecosystem. If we do not use the Antarctic as a place for research, we shall be denying ourselves knowledge”.—[Hansard, 25 February 1994; Vol. 238, c. 568-69.]

Those words said back in 1994 still apply in exactly the same way today. This Bill simply reflects changes that have taken place. It brings the legislation up to date and will help to ensure that other countries follow the example we have been setting.

My hon. Friend the Member for Stroud set out the position clearly in his excellent speeches on Second Reading and, in particular, on Third Reading today. He set out not only why this Bill is so important, but his passion for the subject; this was not just his personal passion, but British passion for this particular area, which goes back hundreds of years. The UK has been actively involved in Antarctica through the heroics of the explorers, as my hon. Friend Oliver Colvile made clear, and this Bill is the next stage of our involvement, which is why it is so important to people in this country.

I am well aware that we are on Third Reading and therefore we are talking solely about what is in the Bill; we cannot discuss what is potentially not in the Bill or what could be in the Bill. I certainly do not intend to deviate from that, Mr Deputy Speaker, but I just want to pick out one or two clauses in the Bill that set out why it is so important and such a good piece of legislation—I do not want to go through the whole Bill, because that would be unnecessary and time-consuming.

Clause 1 deals with the:

“Duty to take response action”.

That is incredibly important as it introduces a new statutory duty on those organising activities in Antarctica—importantly, both government and non-government—to take

“reasonable, prompt and effective response action” where their activities

“directly or indirectly give rise to an environmental emergency”.

That is a key part of the Bill. It applies only to activities organised by a person based in the UK or activities “connected with” the UK—that would obviously be the case as that is all we can provide for. Nevertheless, the provision still makes a very important difference.

In addition, the failure to comply—to make such a response—is made a criminal offence, with an associated maximum two-year custodial sentence or fine, or both. It is worth pointing out—this has not been done so far—that we are introducing some serious offences in this Bill. It takes an awful lot to be sent to prison in this country, as many of our constituents know only too well. The fact that breaching this part of the Bill is made a criminal offence with a two-year custodial sentence reflects how seriously the House takes these matters.

Clauses 2 to 4 and the schedule concern the civil liability for failure to respond to an environmental emergency. That is a key part of the Bill and something that we should all support. The liability annex encourages parties to take response action to environmental emergencies when those causing them have failed to do so. That takes me to the point that my hon. Friend Jake Berry made about the belief that the polluter should pay. One of the key parts of the Bill is the fact that it entrenches that principle in legislation. He made the point that too often in the past that has not happened and the Bill is an important step in ensuring that it does. It also enables the Government to recover costs in those situations where they might have had to take action to respond to an environmental emergency, allowing them to get the cost back. That is crucial.

Clause 3, on the liability to the Antarctic environmental liability fund, is an important part of the Bill, and that probably did not come out in the debate as much as it might have done. It is essential, because it requires the operator responsible to pay into an Antarctic environmental liability fund the equivalent costs of the response action that should have been taken. That measure is more important than many people might understand and it was previously lacking.

We must accept that such emergencies are not remote possibilities that will probably never happen. We have already experienced accidents in Antarctica that have raised ecological and safety concerns. Indeed, in recent years some kind of incident has taken place most years and the Bill might well help to deal with such situations. In November 2006, a Quark Expeditions ship ran aground on Deception Island in the South Shetland Islands. In January 2007, we had another incident in the same area—and so on, and so forth. I shall not go through all the examples, Mr Deputy Speaker, as there is no need to at this point. However, accidents are not just remote possibilities. There is every chance that the provisions in the Bill will need to be invoked at some point.

I want to touch on clause 5. We had a fairly long debate on Report about the merits of the clause and I set out the case that it was perhaps not necessary, but having listened to my hon. Friend the Member for Stroud and the Minister, both of whom are experts in this field and know far more about it than I do, I think they made a persuasive case that clause 5 is an important part of the Bill. The duty to take preventive measures and make contingency plans is necessary and although there might be some requirements under the 1994 Act, the clause moves things further forward, puts more requirements on people and is a belt-and-braces approach to what is required. The Minister made the point—and I was particularly persuaded by this—that putting something in legislation so that it applies to everybody, not just to people who are applying for permits through the FCO, means that there is no doubt about people’s liabilities. That was a very good point and certainly persuaded me of the merits of clause 5.

I do not want to delay the House too much further as other colleagues wish to contribute to the debate, but we can be very proud of the fact that we are continuing in a long tradition in this country of playing our part in protecting a very special part of the world. My hon. Friend the Member for Stroud should be commended. I know that when people do well in the ballot for private Members’ Bills they are bombarded with people wanting them to introduce one measure or another. Many people in this House will believe that my hon. Friend chose wisely and picked a noble cause. He is into the home straight—into the final furlong, as some might put it—and that is down to his skill. He should be commended for that and for introducing this important piece of legislation.

Photo of Jake Berry Jake Berry Conservative, Rossendale and Darwen 1:34, 18 January 2013

I shall keep my remarks relatively short because other colleagues want to contribute to the debate.

I congratulate my hon. Friend Neil Carmichael. I hope he will reflect on the comments that I made in my interventions, but I think he can be extremely proud of this excellent Bill, which he has brought through the House of Commons. It is no mean feat to take a private Member’s Bill through the House, even with cross-party support. I hope that I might get the opportunity to do it myself one day, but I know that the process is academically rigorous. My hon. Friend has approached it with great integrity and a desire to tackle all the issues that face the Bill, and has worked across Departments; he can be proud of all that he has achieved.

It is timely that we are legislating on the environment in the Antarctic, because it is the last unspoilt environment on the globe and it has been described by other hon. Members as pristine. It is probably not quite as pristine as we would like it to be. We have heard about recent sinkings of ships, and about the impact of tourism, and it is hugely important that those of us who do care about it take action, legislate and ensure that we protect it as much as we can. I note that the WWF commented:

“Just a few decades ago this region was virtually untouched by human exploitation. Today, it is under sustained attack from land, sea and air, putting” all aspects of the environment

“at risk.”

So it is hugely important that we give the Bill its Third Reading today, and that it becomes part of our law.

It is also important that Britain once again leads in this area. We were the first nation really to take an interest in the continent of the Antarctic. From Captain Scott to the British Antarctic Survey today, we have a hugely important role to play, and we have a legacy and a future that we shall be rightly proud of. I notice that the British Antarctic Survey has been there continuously since 1962.

Photo of Oliver Colvile Oliver Colvile Conservative, Plymouth, Sutton and Devonport

Does my hon. Friend agree that it is very important that children learn about Antarctica—not only about Captain Scott and Shackleton but about the environmental requirements? Should we not be pushing the Secretary of State for Education to ensure that that is very much included in the national curriculum?

Photo of Jake Berry Jake Berry Conservative, Rossendale and Darwen

I thank my hon. Friend for that intervention. I certainly will not be pushing the Secretary of State to ensure that it is included in a very crowded national curriculum, but he makes a valuable point and I commend him for the work he has done with my right hon. Friend the Prime Minister to ensure that we recognise Captain Scott, who is, of course, one of Plymouth’s most famous sons. My hon. Friend has been a real champion of ensuring that that legacy, that great British history, gets into schools, and that we talk about and take pride in it. We should take pride in it because we are a buccaneering, adventurous nation and I like to think that spirit still lives on within us. By telling young people about that great history, we ensure that we shall be the people who cross the frontiers in the future, whatever they may be.

Speaking of frontiers, when I was putting down some thoughts about what I might say this afternoon, I happened to be watching an episode of “Star Trek”, which I noted has a very similar form of governance to that of Antarctica—global co-operation not driven by money, and demilitarised. I am pleased to say that it is not science fiction; we actually see that co-operation—everyone working for the good of an area—today. We do not have to look for “Star Trek: The Next Generation”; we can see it today.

I note that our territories have their own money. The Minister spoke about the profits from that going to support the British Antarctic Survey. I am an avid collector of coinage and I was going to make an offer to any Member who has been to Antarctica to swap me, pound for pound, some currency. I look particularly at my hon. Friend the Member for Stroud, who I am sure came back with pockets full of it. I have never seen any currency from our territory there and I would be pleased to have a look at it.

I shall focus on two further aspects—first, the work of the British Antarctic Survey. We heard earlier about its fantastic work on ice cores, which provides the most persuasive evidence of the problem of global warming in this country. The problem is man-made, created by the burning of thousands of years’ worth of carbon within 200 years of industrialisation. I encourage those nay-sayers who say that global warming is a myth and unproven to look at the work on ice cores showing the changes in our atmospheric make-up and global warming.

Scientists with the British Antarctic Survey were the first to discover the hole in the ozone layer. I was a young man when that was discovered, and it aroused my first interest in environmental issues. I thought I was making a great contribution when I invested in a Vidal Sassoon hairspray that, rather than using chlorofluorocarbons, was operated by pumping. I was pleased to see just a few years later that CFCs were banned. That was an enormous contribution and shows that a continent on the other side of the world can make a huge impact on environmental policy and thinking in our country. The continued work of the British Antarctic Survey is to be welcomed.

My final point is about the hugely important “polluter pays” principle in the Bill. When the Environmental Protection Act 1990 came into force, there was a great kerfuffle among lawyers about whether environmental surveys of properties would devalue them and make them unmortgageable. To some extent that has happened. That is a case where the “polluter pays” principle has failed. I can give an example from my constituency. Brenbar crescent in Whitworth, the site of an historic town gas works, was thought to be polluted and there was concern about the value of properties there. Given that the town gas site closed some 80 or 90 years ago, it was not possible to find the original polluter.

One of the great advantages of the Bill is the speed at which we will be able to act to get the polluter to remediate the damage that they do to a pristine environment. That is particularly important when we see the increasing tourism to the Antarctic. In 1992 there were fewer than 9,000 tourists. In 2012-13 there were 26,000 tourists. That is a huge increase in the number of people visiting the amazing and awesome place that my hon. Friend the Member for Stroud described. I can see that it is attractive, but we cannot let that attraction and the commercial gain of tourism companies degrade the environment.

That is why the insurance clause, clause 6, is so important. Any of us who have booked a holiday know that it is not unheard of for travel companies, operators and shipowners to go out of business. We cannot allow self-insurance and the Bill does not do so, but if we look to the proper international shipping and insurance market to ensure that we get protection, we can enshrine the “polluter pays” principle and make sure that when an incident occurs—they happen too regularly already—the money is readily available and we do not have to argue about which country should clean up the pollution. If it is in the British Antarctic Territory, should it be cleared up by Britain or the Chilean Government? We are not having such arguments. There is a clear line of liability leading back to someone who has the resource, the desire and the ability to pay.

With 100,000 bird species, flora and fauna in the Antarctic, it is not a desert or a desolate land. It is somewhere we must work hard to protect. My hon. Friend Oliver Colvile spoke about the new discoveries of creatures there this year. It is amazing to think that on a planet where we think we know everything about everything and all the animals under heaven, we can still be surprised to find things in this amazing environment that are new to us. We have to be very careful that we are not losing species before we even know they exist, because then we will not know we have lost them. It is important that the Bill proposes a ban on commercial fishing, because there is a danger that that will take hold in the area because it is such a rich resource.

Finally, I want to speak about the Royal Navy’s contribution to the area. We all believe in this House, I am sure, that we have the finest armed services in the world. I have been involved with the armed forces parliamentary scheme and have had the great privilege of seeing some of the work undertaken by members of our armed forces, particularly the Royal Navy. We might be complaining today about the icy conditions outside, but the lowest recorded temperature in the Antarctic is minus 85°. We must pay tribute to those serving on HMS Protector, who are spending long periods there, on HMS Endurance, on HMS Scott and on other Royal Navy ships that go to the area to police it and to rescue people who find themselves in trouble. I want to record my personal thanks to and admiration for members of our armed forces who ensure that the global co-operation on keeping Antarctica safe, non-politicised and demilitarised continues.

Photo of David Nuttall David Nuttall Conservative, Bury North 1:46, 18 January 2013

It is a great pleasure to follow my neighbour, my hon. Friend Jake Berry, in speaking on this matter. I associate myself with his remarks about the work that the Royal Navy does in the area.

I warmly congratulate my hon. Friend Neil Carmichael on piloting the Bill through its Commons stages so skilfully and ensuring that it has arrived at its Third Reading in good time to be able to proceed to the other place. Having come seventh in the ballot he could easily have picked one of his own pet causes to promote, but instead he nobly took on the job of piloting this measure, which at first sight might not seem the most populist ever brought before this House but concerns a matter of great importance. It is testament to the Bill’s lengthy gestation period that it passed through its Second Reading so quickly in November last year, went through Committee in a little over an hour on 21 November, and will, I hope, pass through its Third Reading today.

Some may wonder why such an important measure has been left to the vagaries of the private Members’ Bill system. I might have missed it, but I could not see it in the coalition’s original programme for government. Given the nature and content of the Bill, I find that fairly surprising. I would have thought that, in view of its cross-party nature and cross-party support, it would have been an ideal measure to put in the coalition’s programme for government.

I am conscious that we have not yet heard from the Minister, so I will restrict my remarks to one aspect of the Bill—its effect on visitors to the Antarctic. Increasing visitor numbers is a good thing, because it is good that more people are interested in exploring the world and our environment. Television programmes such as the “Frozen Planet” series will undoubtedly have had the effect of publicising the splendour of the Antarctic to a wider audience. However, higher visitor numbers undeniably bring a greater risk to that precious environment. It is for that reason that we need the Bill desperately. We are putting into law the maxim that prevention is better than cure, which is a good maxim to follow in matters of environmental protection.

We have heard that the number of tourists has increased enormously in recent years. That is partly because of the growing diversity in the nature of the tourism that is available, with more activity-based tourism such as diving, kayaking and extended walks. People no longer go just to look at the millions and millions of penguins that live in the Antarctic. Activity-based tourism brings different potential impacts on the environment from the traditional forms of tourism.

We heard from my hon. Friend Philip Davies that the Bill is not just of academic interest. Sadly, there have been occasions on which ships have sunk. In November 2007, the MS Explorer struck submerged ice with 154 crew and passengers on board and sank. Mercifully, all those on board were rescued, thanks to a passing Norwegian cruise liner. However, that example demonstrates that as more ships visit the region, there is a risk that accidents will happen that damage the environment.

When it comes to the Antarctic, we should leave only footprints and take away only photographs. That is what we have often said about our own countryside, and it applies all the more so to the pristine environment of the Antarctic. I trust that the Bill will pass through this House today on Third Reading, receive a warm welcome and cross-party support in the other place, and have a speedy passage into law.

Photo of Mark Simmonds Mark Simmonds The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs 1:52, 18 January 2013

May I begin my remarks on Third Reading by reiterating the praise that has rightly been expressed for my hon. Friend Neil Carmichael for his able stewardship of the Bill through its Second Reading, Committee and Report stages? He has done an excellent job not only in taking the time and trouble to follow in the footsteps of Scott and Shackleton, but in getting to grips with the detail of this all-important Bill.

I also thank all those who have participated in the passage of the Bill at its various stages, and those who have proposed new clauses and amendments and taken part in the Third Reading debate today. One reason why the debates have been so successful is the cross-party support that has been shown consistently in the House for this important Bill and the important protections that it will afford to the pristine Antarctic environment. That has been highlighted again in today’s debate.

My hon. Friend Oliver Colvile was right to raise the presentation of Queen Elizabeth Land to Her Majesty at the Foreign and Commonwealth Office by the Foreign Secretary on the last visit that the Queen made during her jubilee year. It is important that areas of the British Antarctic Territory are named for identification and safety reasons. It is fitting that such a significant area should be named after Her Majesty as she has been the sovereign for all of the time that the British Antarctic Territory has been in existence. I confirm to my hon. Friend and to the House that that approach fits with the provisions of the Antarctic treaty.

In an intervention on my hon. Friend the Member for Stroud, my hon. Friend the Member for Plymouth, Sutton and Devonport also asked about Ireland. Ireland has not signed the Antarctic treaty, although we encourage all states with an interest in science or activities in Antarctica to do so. We will continue to try to persuade Ireland, and over past years we have offered to facilitate any interest from Ireland in Antarctica. My hon. Friend may have been referring to Northern Ireland, and I assure him that all devolved administrations have been consulted and are supportive of the Bill. My final point in response to my hon. Friend’s remarks relates to education, and I confirm that the British Antarctic Survey and the Royal Geographical Society have provided an educational website on aspects of Antarctica, and a question about Antarctica was included in the GCSE geography exam last summer. Antarctica is, therefore, already a key part of the geography curriculum.

The Government have consistently shown their support for this Bill and the important protections that it will afford to the Antarctic environment. A number of hon. Members have mentioned the legacy of Captain Scott and his fellow explorers, and scientists understand the significant risks they took when they set out on their fateful expedition. Despite considerable advances in technology and communications, Antarctica remains a potentially life-threatening environment.

Human activity in Antarctica has increased significantly over past decades, and the number of countries party to the Antarctic treaty has risen from an original 12 signatories in 1959, to 50 today. As I said, in 1992-93, fewer than 9,000 tourists visited Antarctica, but by 2012-13 that number had increased threefold to 26,000. In addition to the number of tourists visiting Antarctica, in the mid-1970s only the original 12 signatories to the treaty had established research bases there. The Council of Managers of National Antarctic Programs currently lists 80 stations, and growing global interest in Antarctica as both a place of science and of tourism poses an increasing risk to Antarctica’s environment. That is the background to the provisions in this important Bill.

The consequences of an environmental emergency in Antarctica could be devastating. Antarctica is one of the world’s most pristine natural environments, if not the most pristine. The Southern ocean is surprisingly biologically diverse, and much of the Antarctic landscape is virtually untouched by man. On its own that is enough to make an environmental emergency potentially devastating, and the continent’s remoteness, harsh operating conditions and relative lack of infrastructure serve only to exacerbate any potential impacts. It is therefore crucial that all reasonable steps are taken to prevent, minimise or contain the impact of an environmental disaster, and that is the driving force behind my hon. Friend’s Bill and the Government’s support for it.

This is an important, well-drafted and coherent Bill, and the clauses outlined by my hon. Friend the Member for Stroud, and others, include important aspects concerning environmental emergency responses, civil liability, preparatory prevention measures, and historical monuments and sites. That comprehensive package of measures will greatly enhance the protections afforded to Antarctica and ensure that the UK has fully implemented current obligations in the Antarctic treaty.

My hon. Friend Mr Nuttall was correct to try to determine whether the Government will not just continue their interest but take a proactive role, and I assure him and other Members of the House that we will not rest on our laurels. Hopefully, after the Bill makes it on to the statute book, we will continue to participate in a significant and leading way.

We remain fully committed to the treaty, seeing it as one of the best conflict prevention strategies, as well as a robust protection for our sovereign claim to the British Antarctic Territory. The Government want to ensure that the treaty system does not stagnate, and it is crucial that the treaty parties continuously look ahead and make sound, proactive decisions about future management. Co-operation has worked in the past and we it hope it will continue to do so. With an increase in the number of parties engaged, it is dependent not only on the commitment of states to the treaty system, but intrinsically linked to wider global challenges, from population increases to global climate change impacts, wider diplomatic relations and the continued willingness of states to work together for the greater good.

As my hon. Friend the Member for Plymouth, Sutton and Devonport pointed out, Antarctica is unarguably changing as a result of the climate. In the face of these challenges, the UK will advocate and implement comprehensive environmental protection measures and careful conservation of the Southern ocean. The Government remain resolute in our commitment to the indefinite prohibition of commercial exploitation of Antarctic minerals. We will continue to promote the values and importance of Antarctica, and ensure that the British historic and scientific legacy is promoted and conserved. Working with key partners, such as the Scott Polar Research Institute and the UK Antarctic Heritage Trust, we want to ensure that future generations can continue to be inspired by the endeavours of our forefathers. Most importantly, the Government want to ensure a continued active and influential British presence, both in the region and in the treaty system. This will remain grounded in science, but with a clear objective to uphold the principles of the treaty system and international law.

I am grateful for the opportunity presented today by my hon. Friend the Member for Stroud to reaffirm the Government’s continued and wholehearted support for the Bill to increase protection of the Antarctic environment. The Government look forward to continued support as the Bill enters the other place and hopefully proceeds expeditiously to the statute book.

Question put and agreed to.

Bill accordingly read the Third time and passed.