Yes, I did. Indeed, I am grateful for that intervention because it gives me a chance to say that I was tempted to have a longer period. If there are problems with the Bill putting people off from visiting or carrying out scientific work in the region, we need to know about them sooner rather than later. There might be a case for conducting a further review, because—I will touch on this later—there may well not be an environmental emergency in that three-year period. I sincerely hope that there is not, but that would mean that we were unable to assess the effectiveness of some of the provisions in the Bill, because they are relevant only in the event of such an emergency.
My new clause 1 would give the House the opportunity to check whether the expected benefits of the Bill had become a reality. For example, has there been an increase in the effectiveness and appropriateness of the measures being taken to prevent damage from being caused to the precious Antarctic environment? On the other hand, as I said in response to an earlier intervention, have the measures in the Bill proved so onerous in practice that
there has been a reduction in the level of interest in the region, in terms of either the number of tourists visiting or the amount of scientific investigations and study of the Antarctic region? I think we can all agree that we do not want the obligations on the scientists studying in the area to be so burdensome that they reduce the valuable work they do there.
Clause 6 requires organisers of activities in Antarctica to secure adequate insurance cover or provide other financial securities, such as bonds or guarantees from a bank or similar institution, to cover the cost of taking the response action set out in clause 1, together with any liability to another party to annex VI to the protocol on environmental protection to the Antarctic treaty who takes the response action to an environmental emergency in the event that the organising party does not take such action. It is worth noting that “environmental emergency” in this context means
“an accidental event that results in, or imminently threatens to result in, any significant harmful impact on the environment of Antarctica.”
Fortunately, the schedule to the Bill provides for financial limits to the amount of the liability, which varies depending on whether the environmental emergency arises from an event involving a ship. Unsurprisingly, given the international nature of the agreement, the amount of liability is fixed by reference not to pounds sterling, but to special drawing rights, which is the international currency fixed by the International Monetary Fund. Even allowing for those limits, however, given that the nature of such an environmental emergency is almost unlimited and given the understandable caution of the insurance companies, the cost of providing such insurance might be very high indeed. It could be so high that it prohibited visits from taking place and scientific study from being carried out. I appreciate that that is not the intention of the Bill, but new clause 1 would give the House the opportunity to revisit the matter and assess whether the costs involved in obtaining insurance or bonds were proving an insurmountable hurdle for those affected by the Bill.
As I said in response to an earlier intervention, I am sure we all fervently hope that no environmental emergency would arise during the initial three-year review period. Nevertheless, if such an emergency did arise, the cost-benefit analysis would enable the Secretary of State, and subsequently this House, to assess whether the duty-to-inform obligations contained in clause 7 are effective. Although they are backed up by criminal sanctions, the purpose of the Bill is to protect the Antarctic environment, not to give criminal records to scientists. While we need the criminal sanctions to be in place, more importantly we need the reporting obligations to be effective and to work in practice.
In the event of an emergency, the notification must be prompt. New clause 1 will enable the House to assess the effectiveness of a section 7 duty. I reiterate the point that we all hope that no emergency occurs, so that we will not be given the opportunity to test whether that provision is right.
The Bill is intended to prevent accidental environmental damage from occurring in the first place by imposing on individuals organising activities in Antarctica an obligation to take reasonable preventive measures designed to reduce the risk of an environmental emergency. These requirements are set out in clause 5. They are
fairly onerous. They set out in some detail what is required of a party organising work in the Antarctic, and costs associated with the carrying out of these measures are inevitable.