Bird Nesting Sites: Protection

Luke Pollard Excerpts

Monday 13th May 2019 Westminster Hall

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Ms McDonagh. I congratulate my hon. Friend the Member for Hartlepool (Mike Hill) on introducing the debate in the way he did and on setting out the need for urgent action to stop the cruel and inhumane practice of netting of bird nesting sites. Every bird matters, and because our wildlife does not have a political voice of its own, it is important that we in this place provide that voice. Today, the Minister will have heard a comprehensive and cross-party argument—on both sides of the House—as to why this cruel practice needs to be stopped and why measures need to be taken to discourage not only developers but, as a number of colleagues have said, the public sector and public organisations from using this practice.

Humans are threatening our planet’s wildlife. They are causing huge and potentially irreversible climate change, and we all need to do something to stop it. A few weeks ago, the House agreed to a Labour motion declaring a climate emergency. The emergency is not just about carbon. Although it is about carbon, it is also about species loss, habitat decline and the pollution of our seas and waterways and our atmosphere. All of that needs to be taken together. When it comes to habitat decline, netting around bird nesting sites is a contributor to the wider issue of habitat loss—a point made by the hon. Member for Richmond Park (Zac Goldsmith). From the bees that pollinate our crops, to the forests that hold back flood waters, the report published last week by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services reveals how humans are ravaging the very ecosystems that support our society.

It is not a coincidence that the same quote has been given by both a Labour and a Conservative Member of Parliament:

“We cannot keep trying to squeeze nature into smaller and smaller spaces or demanding it fits in with our plans.”

We need cross-party consensus that we will not accept any form of economic behaviour without a plan as to how it will protect our environment.

[Helen Goodman (Bishop Auckland) (Lab)]

I could not agree more. My hon. Friend is making a very good case for the need for cross-party consensus on what is a long-term problem. If we are to deal with nets on nesting sites, does he agree that we should also do something about roosting sites, which are not mentioned in the current legislation? In Whorlton, in my constituency, thousands of starlings have been doing murmurations for the last two years, but some developers, where they are building new houses, want to knock down the hedges that have become the roosting sites of those starlings. Does my hon. Friend agree that we should also cover the issue of roosting sites if we are taking the time to change the legislation?

[Luke Pollard]

I agree that this is a complex area that requires detailed consultation not only with developers, but with public-sector land managers, such as Network Rail, HS2 and local councils. We also need to look at the way our wildlife uses not only our built environment but our natural environment in different ways. My hon. Friend the Member for Kingston upon Hull North (Diana Johnson) made a clear distinction between building on brownfield and building on greenfield sites, but there can be bird nesting sites in beautiful trees on both brownfield and greenfield sites, so we need to take steps to deal with what is sometimes a false distinction in our legislation between brown and green, but also to deal with the different ways in which different species use our built environments. I am grateful for the point that my hon. Friend the Member for Bishop Auckland (Helen Goodman) has just made.

The report from the UN said that we need “transformative change” to stop the trend of habitat loss, and we do. That is why it is really important that the Minister take the concerns expressed in this debate not only back to her Department—I hope that she will speak about the built environment in a moment—but to the Department for Environment, Food and Rural Affairs, because we need a cross-Government approach to address many of these concerns.

[Kerry McCarthy]

My hon. Friend is making an excellent speech. It is important that we look at how we farm our land. The vast majority of land in this country is used for growing food, and there is a real issue because as it becomes more industrialised in scale, there are fewer hedgerows, bigger fields and less attention to biodiversity. Does my hon. Friend agree that we should support measures to encourage farmers to farm more sustainably, with more regard for the biodiversity on the land?

[Luke Pollard]

I agree entirely. A few weeks ago, I visited a farm just outside Plymouth run by a fantastic farmer called Johnny Haimes, who demonstrated how agriculture could be more sustainable and still be profitable. That is the type of best practice that we need to encourage right across our agricultural sectors if we are to address the high levels of carbon that they use, but also to make our soils and our waterways in and around those agricultural lands more sustainable.

A number of hon. Members have made the point that it is not just developers that we need to look at. As the right hon. Member for Chesham and Amersham (Dame Cheryl Gillan) said, we need to look at how the public sector should lead by example on this matter. The majority of that can be done by local councils, but the right hon. Member for East Devon (Sir Hugo Swire), in the good and passionate rebuke to austerity that I am glad he made, spoke about the loss of planning inspectors at local level. That has hollowed out some of the expertise, particularly in relation to wildlife; I am thinking of the loss of wildlife officers from our local councils.

I am very pleased that my hon. Friend the Member for Bristol East (Kerry McCarthy) mentioned the superb work that the Labour council in Exeter has done in choosing swift bricks. More councils should be looking at that. Indeed, about a month ago, there was a national day for putting up a bird box, and my mum—who should always get a good mention in these debates—bought me not one, not two, but three bird boxes for my birthday, so my garden in Plymouth has plenty more nesting sites.

That brings me to a good point about whether the habitats that are lost should be replaced one for one. That is a discussion that has just been had. I mentioned to the Minister before the debate that there was a fantastic piece on “Countryfile” last night about the net gain consultation—perfect wordplay for the debate that we are having today

That consultation was run by DEFRA, and it asked whether we should have a net gain of biodiversity if there is to be economic development. The Government consultation received 670 responses and closed in February. In theory, the results are to be published alongside the environment Bill later this year. I would be grateful if the Minister could tell us whether that is still the plan, because we know that the Department for Environment, Food and Rural Affairs publishes plenty of consultations, but takes very little concrete action. I would be grateful if the Minister set out what she intends to do in respect of that.

[Dame Cheryl Gillan]

rose—

[Luke Pollard]

We are seeing species decline in all parts of our wildlife in every part of the United Kingdom. The breeding farmland bird index is falling. It has declined by more than half since 1970. The breeding woodland bird index for the UK declined by 25% between 1970 and 2017. We cannot keep squeezing nature into smaller spaces and we must put the environment at the heart of Government policy. The best way to do that is for the Government to lead by example in the projects that they run and the leadership that they can provide for the environment sector.

[Liz Twist]

My hon. Friend is making an excellent speech. In the past fortnight, many of us attended an RSPB drop-in called “Let nature sing”. I am sure that we all supported the goal of getting their nature CD into the charts. I am told it got to number 18 in the charts. There is a bigger issue. He is talking about planning issues and squeezing nature. Many residents are concerned that when we develop greenfield sites in particular, but other sites as well, it feels as if the environment is a long way down the priorities list. We look at off-site mitigation and other things, but what we want to do is preserve the site. This has been a huge issue in my constituency recently.

[Luke Pollard]

Singles like that would make a proud addition to my collection of Britney and Kylie songs on iTunes, so we need to promote it. We also need to ensure that every type of economic activity that we have as a country becomes greener. If we are to meet our Paris climate change obligations, we need to remove 80% of the carbon from our economy. We will not be able to do that simply by recycling some more plastic bottles. We need fundamental economic change. The UN report on species loss outlined the transformative change that is required, and made it clear that when it comes to the loss of habitat in respect of the trees and hedgerows that are being lost through bird netting we need to take quicker action.

[Dame Cheryl Gillan]

I am very grateful to the hon. Gentleman for giving way, because he ignored me when I tried to ask him to give way earlier, when he was talking about net gain. Regarding the aim of net gain, I hope that we all will observe that in some instances it is impossible. If we destroy ancient woodland, we cannot replace it: it is irreplaceable. I look at net gain with a great deal of scepticism, as I hope others do.

[Luke Pollard]

The right hon. Lady is right to be cautious, because with net gain the devil is in the detail. It cannot simply be used as a stamp, to pretend that it makes the activity greener when it does not. A number of us share that suspicion about the consultation, so I would be grateful if the Minister could respond to that.

Finally, I thank all hon. Members who have contributed to the debate. I thank Maggie Moran, Nell and John for their work in setting up the petition, as well as Simon Leadbeater, who initiated the second petition, as my hon. Friend the Member for Hartlepool mentioned. We all need to do our bit to put pressure on developers, to ensure that the cruel and inhumane practice of netting precious bird-nesting sites comes to an end. I would be grateful if the Minister set out how the Government will be doing that with a cross-Government approach in the weeks and months ahead.

--- Later in debate ---

[Mrs Wheeler]

The hon. Lady makes a very good point. That council has learnt its lesson. It should have brought the RSPB in much earlier, but it did rectify the situation. I also watched that footage and it was very distressing.

Netting is permissible if the intention is to protect birds, but I suspect that many of those who signed the petition are concerned that these rules are often carefully misunderstood by some developers. Netting should never be used to hinder the natural cycle of nest building and the nurturing and feeding of young birds. Nets should protect birds not profits.

The law on protecting birds and preventing the disturbance of nests is clear. Under the Wildlife and Countryside Act 1981 and the Animal Welfare Act 2006, prosecutions can be brought if someone causes unnecessary suffering to a bird by an act or failure to act, especially when the person concerned knew or reasonably ought to have known that their action or inaction would cause harm. Breaches can lead to fines or imprisonment. I am happy to acknowledge that some developers get the message. As we have heard, Bellway and Bovis Homes have declared that they are both changing their policies to stop the use of bird netting, and Barratt Homes does not net hedges or trees on any of its 400 or so sites across England, Scotland and Wales. Their actions show that it is possible not to use bird netting when firms plan ahead, so that construction does not clash with the nest-making and chick-rearing season.

As we have just marked Hedgehog Awareness Week, I am particularly aware that there must be wider recognition that we must do all we can to safeguard and enhance our biodiversity for the future. Today, local authorities already have a duty, under our national planning policy framework, to pursue net gains for biodiversity. The Government intend to give local authorities more powers to insist on the protection and enhancement of biodiversity. Our 25-year environment plan is a symbol of that deep commitment and a reflection of our shared desire to leave our environment in a better place than we found it. To answer the question of the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) specifically, our forthcoming Environment Bill will make biodiversity net gain mandatory for development.

[Luke Pollard]

Thank you.

[Mrs Wheeler]

There’s a scoop for you.