Scotland Bill

My Lords, for the purposes of the Antarctic Act 1994, which was to implement our international obligations, ““Antarctica”” means, "““the continent of Antarctica (including all its ice-shelves) … all islands south of 60° South latitude (including all their ice-shelves)””—" so I do remember something from 18 years ago— "““all areas of continental shelf which are adjacent to that continent or those islands and which are south of 60° South latitude, and … all sea and airspace south of 60° South latitude””." The important point is that these are the areas to which the international obligations, many of which are of an environmental nature, apply. As I have indicated, that became apparent in considering the draft Antarctic Bill. My noble friend Lord Mar and Kelly asked about the position of Scottish universities. The important point is that we take our responsibilities for compliance with our obligations under the Antarctic Treaty very seriously. As my noble friend said, Antarctica is the last unspoiled wilderness and has been the subject of many successful international treaties. The United Kingdom Government certainly take their obligations under these treaties very seriously. We want to ensure a strong treaty system which also protects our sovereignty in relation to the British Antarctic Territory. Therefore, we want the position to be completely clear and without any dubiety. Updating Schedule 5, therefore, to include Antarctica retrospectively, will validate any legislative and executive Acts that the United Kingdom Government have passed since devolution that make provisions for Scotland in relation to Antarctica. It will also ensure that any organisations or institutions based in Scotland, including academic research institutions such as the University of Edinburgh, are then able to go to Antarctica and carry out their work in full compliance with the treaty. The Arctic is somewhat different in that the Arctic states themselves have sovereignty over their domestic territories. Issues over responsibility for regulation of activities that arise in the Antarctic do not arise in the Arctic. The Antarctic Treaty and related documents have to be implemented by the United Kingdom. As I have indicated, this particular clause corrects an oversight and makes retrospective provision to cover any Acts passed. I was also asked about the position of the Scottish Government. It is certainly my understanding that the Scottish Government have expressed no direct interest in Antarctic affairs and have no expertise to engage with future international negotiations in that respect. I therefore very much hope that by passing this clause we can regularise an important issue.