Bat Habitats Regulation Bill [HL]

Baroness Jones of Whitchurch Excerpts

2nd reading (Hansard): House of Lords
Friday 27th April 2018 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble Lord, Lord Cormack, for introducing his Bill today and for giving us the chance once again to consider the dichotomy of on the one hand trying to defend a precious and declining species and on the other hand preserving beautiful and historic places of worship. Along with other noble Lords, I also fully acknowledge the considerable contribution that the noble Lord makes to our church preservation and heritage. He speaks, understandably, with enormous authority and passion on this issue. But of course he will know, because he has tabled similar Private Member’s Bills in the past, that the solution is not quite as simple as his Bill would have us believe. There is a balance that needs to be struck between conserving our natural and cultural heritage, and sadly I do not think that the Bill in its current form achieves that balance.

As the noble Lord has recognised, under the habitats directive all bats are listed as protected species and as a result, in the UK all bat species and their roosts are protected. This was found to be necessary because of the widespread bat population decline. As several noble Lords have pointed out, most of the 18 species of bat found in the UK evolved to live, breed and forage in or around trees and caves. However, many have been forced to adapt to roost in buildings, including barns, houses, churches, tunnels and bridges because of the loss of their natural roosting sites. Artificial roosting sites are now essential to the survival of many bat species, although I take the point made by the noble Lord, Lord Redesdale, that bat boxes and other artificial mechanisms do not always work in the way they were designed to do. I am also grateful to my noble friend Lord Berkeley for his statistics, but as I understand it, since the legislation has been in place, national monitoring data suggests that bat populations have been stable or increasing, although that is not a reliable calculation in itself because we cannot ignore the fact that there is a continuing decline in suitable roosting sites as barns and older buildings continue to be demolished or converted, as other noble Lords have said.

We recognise that this decline in alternative suitable sites is putting increased pressure on churches as a resource for bats. The noble Lord, Lord Cormack, has spelled out the damage that can be done by bats roosting in churches and we fully acknowledge both the financial and hygiene issues. For example, bat droppings can cause significant damage to historical artefacts and items of cultural value, as well as being a disruption to worship and other community functions. We fully acknowledge those issues. However, we do not believe that the Bill before us is the answer to those challenges.

Clause 1 proposes that surveys must be undertaken before any new buildings are built to assess the presence of bats in the area, and where they exist, would require bat boxes to be provided. However, this requirement already exists. Local planning authorities have a duty to consider biodiversity and the requirements of the habitats directive when considering new developments. The duty includes provision for bat boxes and artificial roosts to be made available. In addition, bats do not require just bat boxes, as we have been discussing, but suitable habitats in which to feed which are not covered in the noble Lord’s Bill. This clause also includes wind turbines in the definition of a building. There is evidence that wind turbines have an adverse impact on bats, with evidence that they kill around 200 a month. However, guidance on surveying for bats at proposed wind turbine sites has been in place since 2009 and the Bat Conservation Trust has been tasked with updating the guidance with the aim of reducing the impact of wind turbines on bats in a collaborative way.

Clause 2 sets out that the relevant EU legislation, including the habitats regulations, should not protect bats inside a building used for public worship unless it has been established that their presence has no significant adverse impact on the users of the building. I agree with several noble Lords who have said that the noble Lord has got that the wrong way round. Moreover, this would be extremely difficult to define and prove, and would mean that bats would no longer have access to large numbers of churches which they increasingly depend upon for protection and safety.

We believe that the solution lies in a new coexistence between our cultural and natural heritage. I say to the right reverend Prelate that I believe there are indeed bats in the Palace, so there is evidence that we can coexist if the arrangements are properly managed. Defra has already been involved in research projects to support initiatives in churches and other historic buildings; I am sure the Minister can spell out the details. It is important that we manage this properly without unduly affecting the welfare of bats. I am sure that more can be done to address this challenge. I agree with a number of noble Lords that there is a case for a more flexible approach.

In the meantime, as has been said, the Bats in Churches Partnership Project—funded by the Heritage Lottery Fund—brings together wildlife and heritage conservationists on a wide scale. We very much welcome that initiative. So far, £3.8 million has been devoted to the project, which involves a number of groups such as Natural England, the Church of England, the Bat Conservation Trust, Historic England and the Churches Conservation Trust. The aim is to develop new techniques and build up professional and volunteer skills so that best practice and a shared understanding can enable bats and church congregations to coexist, which I think has been the theme of a number of noble Lords. The project still has some time to go and I take the point that it may need more funding; again, that case has been made. We believe that such initiatives are the right way to tackle this problem in a sympathetic way, rather than the heavy-handed approach that the Bill, in its current form, represents. We therefore hope that the noble Lord, Lord Cormack, has heard the concerns of a number of noble Lords and does not feel that he has to pursue the Bill, in its current form, at this time.