I doubt it very much. Speaking off the top of my head, I imagine there would be a passing-on provision that would assume that those who had complied with the terms of the 1981 Act will be, as it were, automatically passported under new legislation. The new legislation will expand the scope of the minerals being sought and cover associated issues. I am sure I can assure my hon. Friend that nothing in relation to the practical operation of the new legislation would require what he asks about.
My hon. Friend the Member for Shipley asked how the licensing regime in the UK compares with those in other countries. Because of the scale of the issues involved here, very few states have any legislation on deep-sea mining. We are confident that UK legislation balances the need to ensure proper control over contractors with the need to avoid having an over-burdensome regulatory regime.
My hon. Friend also asked how long it takes to issue licences. We act very quickly. We have worked with contractors to ensure that licenses are issued promptly. The most recent licensee expresses happiness with its relationship with the Government.
On the ISA, my hon. Friend asked how overlaps are avoided. That question reminds me of the situation in the Klondike, as represented in the 1950s black-and-white B-movies we remember so fondly, when people would go out and stake the land. Occasionally, I believe, fisticuffs might have been involved if there were disputes. We have moved on from that, although it is still a first-come, first-served business as the licenses are processed. The ISA is the stakeholder and once it has granted a licence for a particular piece of the sea bed, that is it. That prevents any overlap. The system ensures there is no problem in terms of competing claims.
The hon. Member for Brent North raised some environmental concerns. We have made it clear that the ISA should consult relevant NGOs in developing mining regulations. That goes to the heart of the issue of where we go from here. As has been made clear, the expectation is that the licences being sought will be for exploration. There is a distinction between exploration and exploitation. Exploitation under the wider scope of the legislation is not expected in the next four or five years. At present the ISA is consulting member states about what their regulations should be for that mining and exploitation. The UK has a crucial role to play in that, given our history of, and engagement in, environmental protection. We are engaged with the ISA in working through the new regulations that will govern mining.
As far as UK-based NGOs are concerned, there is an understanding that this is going to happen and it will not be stopped. Accordingly, it is a good thing for the
UK to be involved and NGOs are very supportive of our engagement. There has been a meeting between officials and the WWF in relation to this Bill. I understand it is content with the way we are going about things. A further meeting is promised and we will keep in close touch. Bearing in mind the record of some other states, the fact that a British Government—of any party—should be involved in dealing with these issues should be of comfort to international NGOs. We will be fully engaged.
Let me again deal with the point about section 5 of the 1981 Act to which we may return in Committee. My note from my colleague says that nobody has suggested before that section 5 is inadequate, and that although the Act can change the duties imposed on the Secretary of State, it is for the ISA to establish environmental standards for applications from other countries. We have our own standards, but a double lock and a double check are in place. I am happy to go into that in further detail in Committee, making sure that I have got absolutely up-to-date information on how this has been handled. I am very content with the general reassurance I can give that it is not complacency but experience to date that leads me to believe that there has not been a challenge. However, we will double check and then see whether there is any need for any increased provision. If there is, I am sure that my hon. Friend the Member for South East Cornwall will be the first person to introduce it.
My hon. Friend the Member for Dover (Charlie Elphicke) raised the issue of fracking. As I said at the beginning of my remarks, we are hundreds of miles away from that; it is not an issue in relation to this Bill and there is no connection with this activity. My hon. Friend the Member for North East Somerset raised issues relating to our companies being disadvantaged compared with US companies, and I believed we have covered that. I do not think there is any evidence of that happening, and I hope that we have the balance right between that problem of international regulation and the prosperity agenda and the like.
I have answered a number of specific questions, but I have not dealt with some key parts of the Bill that I would like to address. Of course, if hon. Members have further questions, I am happy to take interventions. The 1981 Act was passed at a time when the prospects for a United Nations agreement on deep-sea mining were uncertain. The United Kingdom, along with a number of other countries, therefore decided to enact its own legislation to enable the Government to license British companies to undertake deep-sea mining. That was coupled with a system under which the various other countries that had enacted legislation would reciprocally recognise each other’s licences.
The 1981 Act provides for the Secretary of State to issue exploration and exploitation licences, and for licences issued by reciprocating countries to be recognised. It also made provision for the revocation of licences where, for example, there was a threat to safety or the welfare of persons, or there was a need to protect the fauna and flora of the deep-sea bed—even then, such issues were a matter of concern to this House. As we have discussed, the Act also included provision in section 5 to place a strong obligation on the Secretary of State, in exercising his or her powers, to have regard to the protection of the marine environment. That is likely to be unchanged by the new Bill, but I have given a commitment to the House that we will take a hard look at whether there is
genuinely any need to consider that further, and we will do so. The Government expect any company that we sponsor, as well as those sponsored by other states, to comply with the highest environmental standards.
Although certain UK companies were interested in deep-sea mining, in fact no mining was conducted in accordance with the licences issued under the 1981 Act. The UN convention on the law of the sea was adopted in 1982, with part XI dealing with deep-sea mining. However, the United Kingdom, again in the company of a number of our allies, did not find those provisions acceptable. We did not believe that they were conducive to encouraging commercial companies to engage in deep-sea mining. We therefore did not become a party to the convention at that time, even though most of the other provisions were acceptable and, indeed, welcome, to us.
I should add that I very much endorse what my hon. Friend the Member for South East Cornwall said about the importance of the convention; it has rightly been called the “constitution of the oceans”. The United Kingdom is a strong supporter of the convention, which we believe, overall, provides an appropriate balance between the rights of the various users of the seas. As a maritime nation, it is especially important to the United Kingdom that the international rules on the law of the sea should be clear and fair. A number of colleagues have mentioned that our good friend—and our closest or oldest ally, whichever is the current term—the United States has not yet ratified the convention. I know that the Administration in Washington have expressed an eager desire to do so, and we wish them well with the endeavour. We look forward to their participation in the convention and, in particular, to their playing a full role in the ISA.