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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Richard Benyon)
I thank my hon. Friend the Member for Banbury (Sir Tony Baldry)for raising this important issue. It is always a pleasure to see him, but I was dismayed that not long ago he had to bring yet another delegation to my office—a Trollopian group of senior clerics and others—to talk about the problem yet again. I would have hoped it unnecessary to have this debate, but I recognise that the problem persists, and I hope to be able to reassure him that we are tackling it.
The simple way to look at the issue is to say, “We can interpret the regulations how we like, and if the European Union doesn’t like that, we will see it in court,” but that is not a sensible approach to such directives, as my hon. Friend well knows from his experience in my Department. The alternative is to seek to change the directive and its implications for churches and other places of worship. That approach may have merit, but it is a longer-term route down which we need to go in a proportionate way because, as I will go on to say, we should be mindful of the species that we are discussing and the serious declines that they have suffered. The third way is to seek to find a solution within the framework of the directive, but one that is quick and effective, and I hope to give him some comfort about that in the remaining minutes.
I stand by every word that I said in reply to my hon. Friend’s question in the House. It is clearly not acceptable that people’s rights to worship in buildings that were consecrated many centuries ago and are used for that purpose should be affected in such a way. Equally, it is not acceptable that priceless artefacts or the furnishings necessary for a church to function as a place of worship should be damaged or put at risk. He clearly outlined that that is happening in many churches because of the presence and impact of bats.
The way in which I look at churches has changed since the problem was brought to my attention. My mind now occasionally strays from the sermon, and I look up to see the impact that bats may be having in my church or elsewhere. In the vast majority of places of worship, it is managed perfectly well: either the quantity of bats is small or the species does not affect the premises, or the bats are properly dealt with by those who manage the building, but in all too many cases there is a serious problem. My hon. Friend is right to raise a problem that causes great distress to people who value places of worship not just for their heritage and religious importance, but for what they do for their communities.
Like my hon. Friend, I support bat conservation. As he said, bats are another of God’s creatures and are part of our natural heritage: 17 species of bat are resident and breed in the UK. I want to say a few words to put into context the protection that they enjoy before I turn to the specific issue of bats in churches. Until very recently, the number of bats in this country had suffered a dramatic decline, most notably because of changes to habitats, such as the loss of many of our hedgerows in the last century and the destruction or refurbishment of many traditional buildings. Those changes, particularly the loss or alteration of other old buildings, have resulted in bats increasingly making use of and seeking refuge in some older churches. In turn, those buildings have in some cases probably become more important to the survival of bats.
Although the presence of small numbers of bats in churches rarely causes any problem, larger numbers certainly can result in intolerable problems in some churches. Given the reduction in the number of bats and the threats that they face, all species of bat have been listed in the EU habitats directive, but as my hon. Friend said, there are a number of derogations from otherwise prohibited actions, including activities that cover public health and safety or the prevention of serious damage to property. Natural England is the licensing authority for such cases in England.
One or both of those tests would clearly seem to be met in the circumstances that we are discussing, but the directive and our implementing regulations require some checks and balances to ensure that harmful or unnecessary actions are not permitted, such as that the action must not negatively affect the conservation status of the species and that there are no alternatives to the actions proposed. Although many people may agree with my hon. Friend’s points about the likelihood of bats finding alternative roost sites and, indeed, about the unacceptability of the alternative of doing nothing, the tests are not easy to meet, as is clear from some European Court cases. Frustrating though that is, it is a fact.
As my hon. Friend and I have inferred, the problem may be that some affected populations are the rarest and are in locations of particular importance to the species. Like him, however, I simply do not believe that those who drafted the habitats directive intended to render places of worship unusable to congregations or to impose unreasonable financial burdens on them. That cannot have been the purpose of the directive, and we must find a way round it.
It is clear that the granting of permission—for example, to destroy a bat maternity roost by blocking access to it—might result in challenge and delay. Nobody, least of all parishioners, wants a long drawn-out debate; they want solutions. To achieve solutions and resolution to such intolerable problems sooner rather than later, we are taking action on two fronts. First, we are making sure that the guidance offered by Natural England and the national bat helpline is clear, proportionate and unambiguous. Secondly, we are undertaking specific actions at several churches to find means of moving bats away from sensitive areas.
Unfortunately, there are examples of costs and delays occurring, as my hon. Friend has mentioned. For that reason, I have asked Natural England to look again at the guidance that it provides to churches about the sort of operations that can take place without a licence or a bat survey. The figure that he mentioned of the cost to a small rural church is intolerable: the process has to be quicker and cheaper, which I am doing everything I can to ensure.
To make sure that unnecessary costs are not incurred, I have asked Natural England to provide guidance on the nature of surveys that may be required or the sort of actions to prevent impacts on bats. I believe that many problems come not from Government agencies, but organisations such as building companies or architects who say, “Oh, you need to do this,” or “You will get into trouble if you don’t do that.” We need to get to those people as well, because they advise church wardens and others about what they can and cannot do. There is a lot of misunderstanding about what is required.
I have also asked Natural England to look into reports of over-zealous advice being given to churches. It has assured me that it will investigate any such instances. I rely on my hon. Friend, in his position as the Second Church Estates Commissioner, to keep me informed of the dafter stories.
Better guidance will go a long way to minimising the impact of bats on most churches, but as we have heard, large populations of bats cause serious concerns in too many churches. In those cases, dealing with them is not just an expensive chore; they can make the church unusable at the worst times. That cannot continue, so we are funding research to find ways to move bats to less sensitive areas of churches.
In a two-and-a-half year project, a team led by Bristol university is investigating the combined use of deterrents and alternative roosting sites, such as bat boxes, to encourage bats to move away from sensitive areas in churches. The study, which is taking place in eight Norfolk churches, began in 2011, and the project trialled the use of three types of deterrent—lighting, acoustic and radar—last year. For those who think that we can just block bats out of churches, that is more difficult than they possibly imagine. Many of the buildings are mediaeval and have more ways in than we can imagine.
The most dramatic effects were found when using 500 W halogen lamps: the bats simply refused to come out of their roosts. That solves one problem, but it might create another by entombing the bats, possibly resulting in the presence of rotting carcases within the infrastructure of a church. Therefore, the Bristol university team will trial smarter uses of lighting this year to see whether such a relatively cheap method could be used effectively by churches.
Based on last year’s results, acoustic devices appear to present the best hope for a solution. To date, those devices have been used only for short periods, but they were effective in moving the bats from their maternity roosts to other parts of churches and, in some cases, in moving them out of churches. This year, acoustic devices will be used for longer periods to prove, I hope, that the bats do not habituate or get used to the devices and simply start to ignore them.
At the same time, Bristol university has initiated work to explore the use of a prototype acoustic device that would be portable and cheaper to use. I am hopeful that extended trials this year, together with the production of portable devices, will finally produce a permanent solution to the problems that many churches have had to put up with. I look forward to seeing the results of the work at the end of this year and to sharing those results with my hon. Friend and the Church. Those deterrents may not, however, provide solutions for all churches.
I conclude by mentioning one situation that my hon. Friend raised—that of St Hilda’s, Ellerburn, in North Yorkshire. St Hilda’s is a single vestibule building, and in such a case there is simply no possibility of moving bats to a less sensitive area. To resolve the problem there, Natural England has let a contract to gain the necessary evidence to enable the complete exclusion of bats from the church. It was hoped that the exclusion would occur before the bats begin to arrive in a week or two’s time, to avoid entombing the young bats. If, because of the unpredictable weather, insufficient data were gathered before the summer to support an exclusion at St Hilda’s, work will continue over the summer to ensure that there is enough information to reach an absolutely clear resolution of the problem in that church.
I very much appreciate this opportunity to outline a problem that I am absolutely determined to resolve. I really respect my hon. Friend for how he introduced the debate, and for his work to resolve this problem.