Bat Habitats Regulation (No. 2) Bill — House of Commons, 2016-02-05
Topic: Environment
Charles George Eustice (Conservative, Centre-right): 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.