I should like to set out responses to the Bill, which was introduced by my hon. Friend the Member for South East Cornwall, and, when I have made some progress, to deal with the series of questions colleagues have raised during the morning. This has been a wide-ranging debate, and I thank colleagues for their contributions. Deep-sea mining is in its infancy,
but by being at the forefront of developments, we can ensure that the UK economy sees the benefits and that any environmental concerns are fully addressed.
The subject of the Bill is probably, in all fairness, unfamiliar to most colleagues. The hon. Member for Dumfries and Galloway was honest enough to say that it is a relatively new subject for him. I could pretend that my situation is different, but I will not. I am indebted to Mr Chris Whomersley and other Foreign and Commonwealth Office colleagues for their assistance in preparing me for the debate.
On the background, I want to fill out what colleagues have said about the origins of the Bill and the importance of correct definitions of, for example, the deep sea bed. Deep-sea mining does not come up every day, so it is important to alleviate concerns, particularly bearing in mind recent concerns about mineral extraction and the environment on land, by noting that any activity would take place a long way from any coastal area.
The term “deep sea bed” is defined in amendments in the Bill to the Deep Sea Mining (Temporary Provisions) Act 1981. The UN convention on the law of the sea calls it the “area” of the
“sea-bed and ocean floor, and the subsoil thereof, beyond the limits of national jurisdiction”.
That is commonly referred to as the common heritage of mankind, a phrase that has found its way into the UN convention in article 136. The concept, which goes back to the 1960s, expresses a profoundly important point, namely that the area and its resources do not belong to any one state. They should be developed for the benefit of everyone on the planet. They are controlled through the International Seabed Authority, an international organisation to which all states can become a party. I will say more about the ISA later.
To refer to a point made by my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg), getting the balance right between what is controlled by regulation and legislation and what is allowed to run free, as it were, is difficult. My hon. Friend the Member for Shipley spoke about the freedom of the seas and the like. Access to the sea and freedom to roam on the seas is important, as is the enforcement of such rights to freedom. However, the world recognises that the resources of the sea and what lies on the sea bed and below are genuinely precious. Hon. Members are aware how resources can be badly exploited—I am sure my hon. Friend the Member for South East Cornwall knows that some countries have badly exploited resources through their fishing practices. That gives us pause to say, “Simply having a free-for-all will not work.” My hon. Friend the Member for North East Somerset can be assured, however, that the attitude of the United Kingdom is to ensure that, if international regulation does curtail freedoms, it must be because that is the right thing to do. We have to take our responsibilities seriously, and our responsibility to the environment and the need to ensure that the regulations cover that adequately are as important as ensuring that opportunities for prosperity are not lost through over-regulation or complicated bureaucracy.
The “area”, or the common heritage of mankind, is the area beyond the limits of any coastal state’s continental shelf. Under article 76 of the UN convention, a coastal state is entitled to a continental shelf of at least 200 nautical miles from coastal baselines, and more where the slope
of the continental margin meets certain specified criteria. This entitlement is without prejudice to the question of delimitation of the continental shelf between states with opposite or adjacent coasts. The exception to the rule is for a small islet or rock that cannot support economic life. Under the UN convention, such rocks only generate a territorial area—a maritime zone up to 12 nautical miles from coastal baselines.
The UK has one such rock which is sometimes the subject of academic debate. That is Rockall, some 186 nautical miles west of St Kilda in the Outer Hebrides of Scotland. Anyone who has seen this rock, or seen pictures, will well understand why we could not claim that it could support economic life, being only a jagged spike of rock jutting up some 60 feet above sea level. Therefore, and contrary to some of the sometimes ill-informed comments about Rockall, the United Kingdom does not regard Rockall as capable of generating a continental shelf of its own. Does this mean that deep sea mining could take place in the vicinity of Rockall? No. While the UK uses a baseline on St Kilda—which, coincidentally, is uninhabited but has in the past supported a human population—the UK claims a continental shelf beyond 200 nautical miles in a westerly direction, way out into an area known as the Hatton Rockall plateau. Other states have overlapping continental shelf claims in the same area, but while the claims exist and their validity is yet to be considered by the appropriate international body, the area does not fall within the definition of one
“beyond the limits of national jurisdiction”.
To be clear, deep sea mining as provided for by the Bill, would not take place anywhere near the coast of the UK, or the UK’s overseas territories, or any other coastal state for that matter. Indeed, most of the current applications relate to areas in the Pacific ocean, as my hon. Friend the Member for Worthing West (Sir Peter Bottomley) mentioned, and are a long way from any landmass.
I have described the “where”, now let me explain the “what”. As hon. Members appreciate, we are not talking about hydrocarbons, at least not at the moment. My notes suggest that it is safe to say that many hon. Members will be unfamiliar with the mineral types, but the debate suggests that they have made themselves very familiar with the mineral types we are discussing. Those minerals currently being explored for in the deep sea are composite mineral deposits, in formulations unique to the sea bed, which is why they are so special.
Presently there are international regulations in place for the exploration of three mineral types in the deep sea. The first, polymetallic nodules, have already been the subject of discussion today. Polymetallic or manganese nodules contain manganese, copper, cobalt and nickel, and are—as far as the FCO is concerned—potato-shaped balls generally found on the sea bed surface. I have no information about whether they may be tennis-ball sized, and it is the official view of the Foreign and Commonwealth Office that they are potato-shaped balls. They are generally found partially buried in sediment, and cover vast plains in the deepest areas of the sea bed.
Secondly, there are polymetallic sulphides. These, mainly sulphide deposits, are found in ocean ridges and seamounts, and often carry high concentrations of copper, zinc
and lead, in addition to gold and silver, as my hon. Friend the Member for North East Somerset will be pleased to hear. Not for the first time, he is right on the ball—the tennis ball-sized ball. Such deposits are associated with previous volcanic activity, where the deposits have built up over time via plumes from vents. Where such vents are active, they tend to be places of unique fauna and flora. However, mining would take place only when such sites were extinct, not least because of the very high temperatures associated with live vents. That deals with one of the questions that my hon. Friend the Member for Shipley raised. There is no question of mining such areas when they are live, because frankly the temperatures would make it impossible.
The third group of mineral elements to which the current legislation applies are found in cobalt-rich crusts or ferromanganese crusts, which form at the flanks and summits of seamounts, ridges and plateaus. They contain amounts of iron and manganese, and are especially enriched in cobalt, manganese, lead, tellurium, bismuth and platinum. Such minerals are important. Mineral prices have increased noticeably since 2000, largely as a result of increases in demand, especially from emerging economies such as China and India, as colleagues have noted. According to the United States geological survey in 2013:
“China has advanced from consuming less than 10% of the global market for metals to over 25% of the market in the past few years and that trend is increasing; India is following on a similar path.”
As I will explain, changes in demand have created a need for legislation.