Bird Nesting Sites: Protection

Baroness Chapman of Darlington Excerpts

Monday 13th May 2019 Westminster Hall

[Jenny Chapman (Darlington) (Lab)]

My hon. Friend mentions an important aspect of this issue. Netting is being used more and more, almost as a safeguard—just in case—but it ought not to be. It should really be installed by an ecologist and checked several times a day to ensure that nothing is trapped inside. Developers are far too relaxed in their use of the procedure. It seems to me that there is very little regulation, inspection or checking.

[Mike Hill]

My hon. Friend makes an important point. I will come on to those issues, but I acknowledge that, sadly, a bird died in her constituency as a result of being trapped in netting.

--- Later in debate ---

[Mike Hill]

I thank the right hon. Lady for her contribution. It shocked me that this was happening on a Government-led scheme, and that the contractors were working to Government directives on this matter. I hope that is a wake-up call for the management of any future projects of such scale.

In response to the HS2 netting, the RSPB acknowledged that the practice was not illegal, but it said that

“careful consideration will be needed to develop rules around netting that really help birds, and allow legitimate activity to continue. But we cannot stand by and let the current practices spread unchallenged.”

[Jenny Chapman]

I am grateful to my hon. Friend for giving way again. I should probably declare that I am a member of the RSPB. Part of the issue is that the use of netting is voluntary, and we use it because we wish to develop. It should be used only when absolutely necessary—when there is no other option and it is in the best interests of wildlife—but almost every time it is used, that is not the case.

[Mike Hill]

Again, I agree with my hon. Friend. I will come on to the way forward, as the industry describes it, but she is absolutely correct.

Although it is an offence to destroy an active nest, there are currently no laws to prevent the installation of netting. The RSPB and other charities, such as the Woodland Trust, propose changes to current practice and the introduction of laws that commit the Government to ensuring the recovery and protection of nature and wildlife, which would cause practices such as netting to come under much closer scrutiny.

The RSPB went on to say:

“We all need nature in our lives–which means giving birds and other wildlife, more, not less room to breed, feed and sing.”

--- Later in debate ---

[Dame Cheryl Gillan (Chesham and Amersham) (Con)]

It is a pleasure to serve under your chairmanship, Ms McDonagh. Once again, I congratulate the hon. Member for Hartlepool (Mike Hill) on opening the debate so well and referring to my main bugbear: HS2.

When I looked at the petition, of the 355,631 signatures, 1,162 came from my constituency, and 5,454 people from an area covering Aylesbury, Buckingham, Wycombe and Beaconsfield signed the petition to express their concern about netting and protecting birds. That is a sizeable number of people and reflects the great concern that is shown for our environment in Buckinghamshire.

When I was young, I spent a lot of time on my uncle’s farm in south Wales. One of the great joys was to go around the farm and pick up the egg shells after the birds had hatched—I used to save them. There were always a multitude of different birds nesting around the farm site. Over the years, living in the countryside, I have noticed a reduction in bird life, not least among small hedgerow birds and birds that were very common in my youth. There used to be an abundance of sparrows, but in my back garden I do not see as many sparrows as I used to see 40 or 50 years ago. The RSPB says that, over the last 50 years we have lost over 40 million birds in the UK; that is a great loss that cannot be replaced.

As the hon. Member for Hartlepool said, it is an offence to destroy an active nest but there are no laws to prevent the installation of nets. The Government need to look at that and regulate for it, because it is not necessary to leave this to the market. We need to have a positive intervention that will make some difference. The RSPB spokesperson said:

“We cannot keep trying to squeeze nature into smaller and smaller spaces or demanding it fits in with our plans. This is an issue we are talking to the Government about as they look at what needs to happen over the next 25 years to stop our wildlife from continuing to vanish at an alarming rate.”

As I said in my intervention, the trouble is that the Government are just as big an offender as any housing developer; they need to take that on board. The route chosen for HS2 passes through irreplaceable natural habitats and unspoiled ecosystems. Constructing a railway line with a land-take equivalent to a four-lane motorway will have a devastating effect on the natural environment in these areas. Over 130 wildlife sites on the first stage alone will be directly affected, including 10 sites of special scientific interest, an area of outstanding natural beauty and 50 ancient woodlands. That is in my backyard.

HS2 will cause an unacceptable level of damage to European, national and county-important species. A number of European protected species are present within the proposed HS2 route corridor, including the otter, the great crested newt and several species of bats. In addition, nationally protected species such as freshwater crayfish, stag beetle, smooth newt, great crested newt, common frog, slowworm, common lizard, European water vole, Eurasian badger, rare butterflies and breeding birds are known to be present in the impact zone.

The HS2 Action Alliance believes that insufficient regard has been paid to the impact of HS2 on biodiversity. Specific concerns about the risks facing wildlife include where the HS2 route is likely to cause direct loss or damage to the wildlife site through the land-take. This leads to the severance of habitats, causing fragmentation; reduction in the size of habitat areas; direct impacts on vegetation and on sedentary animal populations, for example in woodland and ponds; and/or the creation of barriers that affect the behaviour of species on a site, such as foraging.

The further environmental impact on ancient woodlands—areas that have been covered by woods for over 400 years—is alarming. Their biodiversity value cannot be recreated by replacement planting; nor can the habitats for birds be replaced, because birds return to the same site, and their behaviour will not always coincide with the marvellous plantation that has been created by the developer in another area, in another place. HS2 is systematically destroying a large corridor of the countryside through the centre of Buckinghamshire, and elsewhere, to make way for a railway that is literally costing the earth.

As the hon. Gentleman said, HS2 says that while the work is being carried out, it is using an ecologist to monitor events; that includes the netting being used to prevent birds from using their regular nesting sites, which is monitored daily. I decided to test the water by putting in a written question asking who the ecologists monitoring the sites are, how often they visit—how many times a day—and how many birds or how much other wildlife they have found dead or dying, or have released. Without digging into the detail, it is easy to state that the work is being done under the guidance of ecologists, when what is happening on the ground could be completely different. I look to the Minister to encourage the Department for Transport to give me not one of its brush-off answers to the question, but a detailed one, so that we can be reassured that where the Government are in charge, they are keeping up with their responsibilities.

[Jenny Chapman]

I cannot remember whether it is the RSPB or Natural England that says the nets need to be checked three times a day by people who know what they are doing. I do not believe that that is happening. Was the right hon. Lady able to glean any more information about that when she did her research?

[Dame Cheryl Gillan]

The hon. Lady will know that I often have a great deal of difficulty getting any information about HS2 out of the powers that be, but I continue to press because I do not believe we should give up. I have only been at it 10 years, trying to scrutinise the project. I hope I have another 10 years to go.

HS2 was clear in its statement about the bird netting:

“The netting was installed under the direction of a suitably experienced ecologist and is monitored daily”,

but I want further and better particulars, as they say. I am not entirely convinced that those nets will be monitored on a daily basis. Perhaps I will be called cynical, but I want to check. It is important, particularly in the light of the number of people showing great concern about what is a relatively new development, in terms of trying to get rid of some of our wildlife and bird species.