Bat Habitats Regulation Bill

Philip Davies Excerpts

Friday 16th January 2015 Commons Chamber

[Mr Christopher Chope (Christchurch) (Con)]

I beg to move, That the Bill be now read a Second time.

This Bill has attracted a lot of outside interest. Indeed, there was a letter in The Times earlier this week saying what a brilliant Bill it is and that it should command the support of hon. Members. It builds on the concerns that the Second Church Estates Commissioner, my right hon. Friend the Member for Banbury (Sir Tony Baldry) has raised in debates in Westminster Hall and those expressed by church conservation authorities.

I hope it is not out of order to say that, in his Christmas card to me, the noble bishop whose diocese is situated in my constituency wished me good luck with my bats Bill. The reason for that is that this is a narrow but significant issue for churches up and down the country and for our built heritage, including the fabric of churches, whether it be their stone or marble structures, and the brasses and other artefacts inside them. It also applies to people: we may be able to tell those who worship at the church that they should keep wearing their hats if there is a problem with bat infestation, but that does not really work if a children’s day centre or nursery group meets there: we cannot expect all the children to wear bonnets to protect themselves against the bat infestation.

The Bill seeks to increase the number of bat habitats while at the same time introduce measures to prevent bats from being in what might be described as the wrong place. Clause 1 sets out provisions to enhance the protection available for bat habitats in the non-built environment. In that respect, I hope the Bill will find favour with organisations such as the Bat Conservation Trust, because by enhancing that protection we will be able to support our bat population.

Interestingly, a 2013 survey by Hurn parish councillors in my constituency identified eight different species of bats in Hurn parish and Hurn forest in particular. They are concerned about the adverse impact of the cabling for a proposed wind turbine development on that bat habitat. Such situations are covered by clause 1, which would ensure that when a problem in the non-built environment may affect bats adversely, developers should take remedial measures, such as providing a bat box or artificial roost for each bat species located in the vicinity. It would also prevent onshore wind turbines from being constructed unless a local bat survey had been conducted and had established that there was no bat habitat in the vicinity, because of the direct adverse effect of wind turbines on bats.

Clause 2 deals with the issues raised by the Churches Conservation Trust and others about the impact of bats on our churches and those who worship in them. Currently, the habitats regulations and the Wildlife and Countryside Act 1981 work together basically to make it impossible for bats roosting and living in our churches to be controlled in any way whatever. In essence, they are above and beyond the law.

If the Second Church Estates Commissioner says that it is absurd that the EU habitats regulations should apply to our United Kingdom domestic bat population and that we should use our common sense, it seems to me that that should be reflected in legislation. I know that the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Camborne and Redruth (George Eustice)—I am delighted that he will reply to the debate—has Eurosceptic credentials second to none. I hope that he shares my concern about the European Union dictating to us what we can and cannot do with our domestic bat population. We are not talking about migrating mammals—bats are of course mammals, not birds—but our own domestic bats. Surely this is an issue for subsidiarity, to use that ghastly EU word, and an area on which we in the United Kingdom Parliament know what is best for our own bats.

[Philip Davies (Shipley) (Con)]

I naturally agree with that sentiment. Why is my hon. Friend seeking to apply the clause only to places of public worship, because I am pretty sure that its provisions would equally apply to other buildings from time to time, and that that would be very much welcomed in different communities, depending on their circumstances? Why is the clause restricted to places of public worship?

[Mr Chope]

As the Bill is a private Member’s Bill, I was trying to restrict the degree of controversy that might develop about it. I know that the mere prospect of legislating on bats has already created an almost hysterical reaction among some members of bat conservation societies. I am therefore loth to make the Bill wider than is necessary to deal with the immediate problem, which has been drawn to my attention by the Churches Conservation Trust and the Countryside Alliance. They are concerned about the adverse impact of bats and bat roosts in buildings used for public worship. I recognise that other buildings could be similarly embraced by the Bill, and perhaps if it goes to Committee, an order-making power might extend the provisions to other areas in due course.

I am promoting this Bill because everybody recognises that there is a genuine problem. The Church Monuments Society is collectively tearing its hair out at its inability to do anything to address effectively the problem of bat damage that is affecting the conservation of furniture, liturgical objects, funerary and ensemble, works of art and so on, in buildings used for public worship and community functions. I hope the Minister will not say that having no control at all over bats in such places is reasonable. Surely we need some sensible control, and I hope the Bill finds favour with the House.

[Philip Davies (Shipley) (Con)]

I rise briefly to expand on why I support the Bill promoted by my hon. Friend the Member for Christchurch (Mr Chope), and to say why it may be worthwhile extending its provisions.

Recently in my constituency, the great town of Bingley was desperate to see the old Bradford and Bingley headquarters demolished. The building was lying empty and is, I am delighted to say, currently being demolished, although that could have happened much earlier. The building was owned by Sainsbury’s, which decided that it did not want to build a supermarket but would demolish the site and move it on. However, it was told that it could not do that because a bat had been spotted in the building.

We seem to have got ourselves into a bit of pickle. There are bat habitats nearby and I am all for taking measures to encourage bats to move to other habitats—I do not want to destroy wildlife or anything like that, but that seems perfectly reasonable. We seem to have got ourselves into a muddle with the current planning system, because the simple mention that a bat has been seen basically stops anything whatsoever happening. Some of us were rather cynical about Sainsbury’s motives, and suspected that it might want to hold on to the site until it became more valuable, but, as events have transpired, that was probably an overly cynical view. However, the situation was not helped by the fact that the whole process was stopped completely and the regeneration of Bingley was put on hold because of an alleged sighting of a bat.

When I asked Bradford council whether it could verify the sighting or whether it had seen a report to back up the fact that a bat had been seen—one bat, I might add—nothing was produced to show that there was indeed a bat. There was no report or verification. It was based simply on somebody’s word that a bat had been seen. That is what halted the essential regeneration of Bingley. There must be some alternative route and we should apply common sense. In effect, a whole town’s regeneration was held to ransom by the alleged viewing of a bat, even though it was never verified and there was no report of it before or since.

My hon. Friend’s Bill is an excellent first step, but why can it not be extended to help places such as Bingley? If the Bill had been enacted and extended in the way I suggest, it would have provided a perfect opportunity for that development to go ahead without unnecessary delays. As it transpired—I am sure the House will be interested to know this, for completeness—it seems that the bat had disappeared by the time anybody had bothered to go and do a proper report. The demolition could therefore go ahead, but I suspect it could have gone ahead a lot sooner had we had more appropriate laws in place.

I support my hon. Friend’s Bill. I hope the Minister will consider it seriously, because I think it would make a big difference. I would like to the Bill to be extended to other areas. There are many other common sense examples where an opt-out of current legislation would be sensible.