Bat Habitats Regulation (No. 2) Bill

George Eustice Excerpts

Friday 5th February 2016 Commons Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)]

I too associate myself with the comments about the sad death of Harry Harpham.

I thank my hon. Friend the Member for Christchurch (Mr Chope) for giving me the opportunity to respond to his Bill. As he indicated, this is a Second Reading in more ways than one, because, a little over a year ago, I stood at the Dispatch Box debating precisely the same Bill. This is an opportunity, as he said, to update the House on what has happened since, although it is obviously a short time in which to make progress on such a long-term problem. I am afraid, however, that the Government still do not support his Bill, for reasons I will explain.

All bats are subject to protection under the Wildlife and Countryside Act 1981, which makes it a criminal offence deliberately to kill, injure, take or disturb bats. There is also a strict liability offence of damaging or destroying their breeding sites or resting places. The Act’s provisions protect bats from disturbance in their place of rest and the obstruction of such locations.

Most of the 18 species of bat found in the UK evolved to live, breed and forage in or around trees and caves, but many have now adapted to roost in buildings, including barns, houses, churches, tunnels and bridges, following the loss of their natural roosting sites through modern agriculture and forestry practices, and also through urban growth. Such artificial roosts are now essential to the survival of many bat species. However, the threat of demolition of old buildings, barn conversions, an increasing use of artificial lighting and the move towards air-tight buildings have highlighted the increasing importance of the remaining roosting sites. Decreasing the protection afforded to bats in these important sites is therefore likely to have a detrimental impact on the conservation status of bats in the UK and would be in contravention of our existing national legislation, which, as my hon. Friend pointed out, is also underpinned by our obligations under, for instance, the habitats directive.

My hon. Friend’s Bill proposes that surveys must be undertaken before any new buildings are built, to assess the presence of bats in the area; and if there are any bats present, that building should proceed only if bat boxes or other artificial roosts are provided. The requirement to be aware of the existence of bats and to consider the impacts of any build on their numbers already exists. Local planning authorities have a duty to consider biodiversity and the requirements of the habitats directive when considering developments. Mitigation of damage to bat roosts and resting places may be required, but bat boxes and artificial roosts are only two of the possible measures that can be implemented. Each case should be considered on its merits. Furthermore, bats require not just roost sites, but suitable habitats in which to feed. The Bill does not take account of this.

The Bill also proposes to prohibit the placing of wind turbines in the vicinity of any bat habitat. Again, bat surveys are already undertaken at potential wind turbine sites when bats are nearby. The Department for Environment, Food and Rural Affairs has commissioned research on the impact of wind turbines on bats, and I am told the report will be published shortly. My hon. Friend asked for an update on that report, and the fact that it is being published suggests that either it is nearing completion or the finishing touches are being put on it. We expect the report to be published in the spring. Should that research show an impact, we will consider what changes may be needed in the placing of wind turbines. I would make the point, though, that this is not believed to need new legislation; rather, there would simply be a change in planning policy guidance.

Finally, the Bill proposes that bats should be excluded from a building used for public worship unless it has been demonstrated that their presence would not have a significant adverse impact on the users of such a place. Unfortunately, the Bill does not define what a “significant adverse impact” would be. Such a blanket prohibition does not take account of either the potential importance of some churches to vulnerable bat populations or the work the Government are doing to alleviate the impact of bats in such places where they are causing a nuisance or distress. In a changing landscape, where hedgerows and other linear features so important to bats have been lost and other buildings used as roost sites, such as farm outbuildings or other traditional buildings, have been lost or demolished, churches can represent one of the few remaining constant resources for bats, thus giving them a disproportionate significance for the maintenance of bat populations at a favourable conservation status.

However, as I have said previously, the Government recognise and are very sympathetic to the concerns of the many parishioners who are suffering from the negative effects of bats in churches, such as bat droppings. To address this, the Government have invested significant resources in research and development to assess how we can reduce the impact of bats in churches. A recent three-year research project led by DEFRA, along with a pilot project led by Historic England, developed techniques to assist churches with significant bat-related issues. Solutions are ready to be implemented in some churches that were involved in this work. Natural England is currently creating a licensing framework, which will be the mechanism through which these techniques will be delivered.

[Mr Chope]

When does my hon. Friend expect Natural England to complete the licensing framework?

[George Eustice]

I do not have a particular timetable, but the framework is being developed based on the evidence from the research project. I imagine that it could be done relatively quickly.

I thought my hon. Friend took a rather “glass half empty” view of the parliamentary question and the response to it that he received today. The reality is that Heritage Lottery Fund money is being sought to support the roll-out of this work across England and to create an effective national support network for churches that have bat-related issues. He might have misinterpreted one element of the response, because it made it clear that this is a funding application, a decision on which is expected in March this year, and that that funding will support a five-year project. It is not the case that nothing will be done for five years or that further evidence gathering will go on for five years. If the project is supported, it will be largely complete after five years. There is more reason for optimism than my hon. Friend showed.

[Mr Chope]

Obviously, I would not expect the Minister to anticipate not getting the funding from the Heritage Lottery Fund, but can he guarantee that, whether or not that application is successful, this work will be carried out, because it would be perverse if it were dependent solely on the success of that bid?

[George Eustice]

When it comes to heritage assets, our churches are almost second to none. We have thousands of churches and they provide incredibly important heritage assets, so I think this bid will be a very strong one. If, however, for some reason the bid were unsuccessful, it goes without saying that we would seek alternative means to fund this important work.

Major positive strides forward are already being made at one church. Work carried out at St Hilda’s in Yorkshire led to the impact of bats being removed altogether, while ensuring that the bats were still able to roost in the roof of the building. This is an excellent example of peaceful co-existence between bats and parishioners in churches.

Let me deal with the habitats directive, another point that my hon. Friend raised. The Commission is working on its REFIT—regulatory fitness and performance programme—proposals, looking at the implementation of the habitats directive. We think it unlikely that any major revisions to the list of species protected by the directive will be made, but the Commission is keen to ensure that implementation is proportionate. That work is carrying on. My hon. Friend will know that things do not always move at a pace in the European Union, but I can assure him that we are in regular dialogue with the Commission on this matter, and we are keen to see the REFIT approach to the directive taking place.

My hon. Friend’s Bill deals with the habitats directive by inserting a notwithstanding clause. The constitutional position is clear: Parliament has the right to set aside directives in the way he describes if it wishes to do so. It would, of course, cause difficulties for our laws internationally, which is why we have tended not to do this. He should understand that we sign up to other international conventions. He sought to make a distinction between the protection of migrating species and species that are here purely domestically. We have signed up to the Bern convention, which encourages wildlife protection in all the countries that are signatories to it—whether or not they are in the European Union and irrespective of whether the species are migrating. The Bern convention makes some reference to bats in this respect.

[Mr Chope]

May I give an example by referring to what happens with migrating birds in Malta? Although Malta is a member of the European Union, it does not seem that any of these rules apply to that country.

--- Later in debate ---

[George Eustice]

The rules do apply to Malta. We have debated in the House some of the challenges posed by dove shooting in Malta, for example. Legal cases have been brought against the Maltese Government on precisely these issues. They have been required, under these regulations, to put in place protection for migrating doves, too.

In conclusion, the current licensing regime administered by Natural England already allows us to address problems caused by protected species such as bats and properly balances the legitimate interest of people in a way that avoids harming wildlife, without the need to change the law. For the reasons I have outlined, the Government oppose this Bill as being both unnecessary and inappropriate. I can, however, assure my hon. Friend that I take the issues he has raised very seriously. I hope he will recognise that although it is just one year on, we have indeed made progress with this application to the lottery project and with the ongoing review of the habitats directive. I hope therefore that he will see fit not to push this to a Division.