Bat Habitats Regulation Bill [HL] — House of Lords, 2018-04-27
Topic: Environment
John Eric Gardiner (Conservative, Centre-right): My Lords, as we all know, funding is always extremely tight, but the point about the next bid is that we want to see what solutions and understanding we can get. As I will explain further, the collaborative approach works best, particularly bespoke approaches, which can be varied and address the complex problems. As of today, it is difficult to judge what the costs of each solution would be, but I think that the best opportunity we have is now, to find those solutions. As the noble Lord, Lord Berkeley, said, we need to find solutions that have the flexibility to have the prospect of continued and unhindered use of churches, at the same time fulfilling our obligations to protect and preserve important bat populations. My noble friend highlighted the problems: if what I have before me is right, at Ellerburn they have found a solution whereby the tiles and the walls are used by bats but the congregation is unhindered. I think that is an example of a solution working A number of noble Lords, including the noble Lord, Lord Redesdale, and the noble Baroness, Lady Bakewell, mentioned that my noble friend’s Bill, in proposing the blanket removal of protection for bats in places of worship would, we believe—and we have taken advice—directly contravene our obligations under the habitats directive and our international commitments under the Berne convention. My noble friend Lord Goschen mentioned surveys. The first thing to say is that bat surveys are required under regulations—the Conservation of Habitats and Species Regulations 2017 —where a proposed development is likely to affect bats. They are carried out by qualified ecologists licensed by Natural England. I say to my noble friend and the noble Baroness, Lady Bakewell, that we are working with Natural England on strategic reforms to species licensing to streamline implementation. Natural England has recently introduced an innovative and strategic approach for another protected species, the great crested newt. On costs, I will ask Natural England and the Bat Conservation Trust if it is possible to compile figures for the total costs of bat surveys commissioned My noble friend’s Bill also proposes that surveys must be undertaken before any construction to assess the presence of bats and, if bats are present, it should proceed only if bat boxes and other artificial roosts are provided. The requirement to be aware of the existence of bats and to consider the impacts of any construction on them, however, already exists. Local planning authorities have a duty to consider biodiversity and the requirements of the habitats directive when considering any building development. Where mitigation of damage caused to bat roosts and their resting places is required, the provision of bat boxes and other artificial roosts are only two of a range of possible measures. Furthermore, bats require not just roost sites but suitable habitat in which to feed; the noble Baroness, Lady Bakewell, mentioned some of their diet. I believe that the Bill proposed by my noble friend does not take full account of this The noble Baroness, Lady Jones of Whitchurch, raised the issue of the placing of wind turbines. Again, bat surveys are already undertaken at potential wind turbine sites. Defra commissioned an extensive report on the impact of wind turbines on bats, which was published in September 2016. The report showed that of the 46 onshore wind farms across Great Britain that were surveyed, one-third of sites had no bat casualties, one-third had one or two bat casualties, and one-third had higher numbers, estimated as up to five casualties per turbine over four months. These casualty rates are similar to those observed in other parts of Europe. Guidance to help developers and local authorities better assess the risk to bat populations ahead of wind turbine construction is now in the final stages of development Also, Natural England has now developed a new type of licence, the bats in churches class licence, specifically to address the complex physical and social issues caused by large bat populations in medieval churches. This new licence uses the findings of our research to balance better the conservation needs of bats with the needs of people, and the requirements of church buildings concerned, to reach outcomes suitable for all. We believe that these licence changes and the other mitigation strategies I have outlined allow us to address fully the problems caused by protected species such as bats, and thus properly balance the legitimate interests of people in a way that avoids harming wildlife without the need to change the law A number of points were made and I think there was one about the review from my noble friend Lady McIntosh of Pickering. As your Lordships know, we have transposed the protections under the EU habitats directive into our own domestic regulations. These protections will remain when we leave the EU. Over time, we will of course be able to review protections to ensure that they remain appropriate but there are no current plans to review the list of species protected under these regulations Whatever our views, we in this country have a long history of environmental protection and this Government are committed to safeguard and improve on this record. We remain committed to upholding all our obligations under international environmental treaties. As I have said, the withdrawal Bill will ensure that the whole body of existing EU environmental law continues to have effect in UK law, while Defra’s 25-year environment plan is key to setting out how we will improve our environment as we leave the EU I well understand the issues that my noble friend Lord Cormack and others have raised today. The Government recognise the concerns expressed but, for the reasons I have outlined, we do not support this Bill. Many of your Lordships used the word "balance"; that is the approach the Government seek to take with all interested parties. I am very pleased, as I know the right reverend Prelate will be for the Church of England, that the Churches Conservation Trust is in partnership with Natural England, Historic England and the Bat Conservation Trust. This seems to me the sort of collaboration that will get us a bespoke approach for all those churches that have been outlined I would be interested in the numbers and how we can clarify this and approach these solutions individually, although we are working at diocesan level. We have wonderful churches which are some of the glories of this land, but we need to ensure that we know where these problems are most evident and how best we approach them. Rather like the noble Lord, Lord Berkeley, I understand that we are talking about some churches. I think the right reverend Prelate said "some churches". We need to prioritise. We are seeking to understand better from those severely affected and achieve solutions and work on the hundreds of others where this is a problem. That is the better way of doing this I know my noble friend will be disappointed, but the Front Benches of all the political parties represented here have concerns about the Bill and I am not in a position to support it. However, I assure him and all noble Lords that whatever position has been taken, we are seeking a resolution so that we fulfil our domestic and international obligations and enable communities to conserve these glorious churches for worship, community use and heritage, built and natural.