Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con)
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My Lords, I thank my noble friend for his guidance on this amendment in recent weeks. I shall speak in support of Amendment 245 and be brief, because I do not have to dwell on arguments that have been made repeatedly in both Houses and which are fundamentally very simple, as is the mechanism itself that is being pushed via this amendment.

I shall briefly recap on why this matters so much. As everyone knows, we are in the midst of a rapid and terrifying decline in the populations of all cavity-nesting birds, in particular the iconic swift. We know, because it is obvious, that a big part of why that is happening is that we are actively removing their homes. The way we build today means that things do not work in the same way: we do not have cavities, and there is no room for species that depend on the nooks and crannies that older buildings have. Even worse for those species, we are seeing the massive rollout of measures making life even more difficult—hopeless, in fact—for those cavity-nesting birds. I do not argue with the measures; I am a supporter of the Great British Insulation Scheme, which is a great thing. But with millions of older homes —around 50 million so far, I believe—being retrofitted and insulated, and cavities being sealed off, it is no wonder that four of our eight cavity-nesting bird species are now on the dreaded red list of critically endangered species.

Luckily, unlike with most of the problems we end up debating in this place, there is a very simple solution. The average two-bedroom brick house, according to Chat GPT—I have just asked it—uses around 20,000 red bricks. This amendment would simply require that one of those bricks has a hole in it. That single brick would cost around £20, would require zero expertise to install and no maintenance at all—and it works. Wherever these bricks have been installed, they attract swifts or similar birds. It is Gibraltar mandated, where legislation was passed 15 or 20 years ago that is very similar to the amendment we are proposing, and the swift population there, having been in steep decline, is now stable.

In previous debates that we have had on this issue, it was suggested that it should be a voluntary measure, but the numbers are obvious. Voluntary measures are great, and normally I would support them, but they have not worked in this case—and I do not think the numbers can be disputed. This needs to be included in building regulations. The good news is that swift bricks already qualify for inclusion, thanks to the swift brick British Standard, which includes all the possible and obvious exemptions.

Finally, I do not believe that any developer could or would make, or has ever made, the case that a measure like this would in any way hamper their work or deform the pricing of the houses they have on offer, as the numbers are just so small. The truth is that this does not even qualify as a nuisance for builders or developers. That is what all of us interested in this issue have been hearing from the developers themselves. For the swifts and their cousins this is critical and non-negotiable; without these bricks, they have no future in the United Kingdom.

I hope the Government will simply accept this measure. I remind them again that, in opposition, they were 100% supportive. They were wildly enthusiastic about my previous amendment—very vocally so—and in the opening months, at least, of this Government that enthusiasm absolutely remained in place. I felt that we were over the line; sadly not. But if even this tiny, nature-friendly measure is deemed nevertheless to be a step too far, then I really hope that noble Lords will join me in pushing it over the line via a Division when the time comes.

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We hope, therefore, that the noble Lord, Lord Goldsmith, will agree not to press his amendment.
Lord Goldsmith of Richmond Park Portrait Lord Goldsmith of Richmond Park (Con)
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I have a very brief question for the Minister. Am I not right in thinking that the building regulations have been used as a vehicle in relation to the Climate Change Act as well as in relation to the Environment Act, and therefore they go beyond the remit of simply safeguarding the well-being and health of individual occupants?

Baroness Taylor of Stevenage Portrait Baroness Taylor of Stevenage (Lab)
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Those are complex, technical regulations around the construction of buildings which do not relate to the protection of species. As the noble Lord is aware, there are many species lobbying groups which might want to use building regulations for that purpose. The other thing is that building regulations cover a huge variety of different buildings—probably including the 58-foot tower that the noble Lord, Lord Krebs, referred to. If you imagine the number of species compared with the number of different sizes and shapes of buildings, we would end up with a very complex picture with building regulations if we were to go down this route.