Commons Bill [HL]

My Lords, I welcome the Bill. Common land is an important part of our natural heritage. It is of value to agriculture, of course, but also to recreation, landscape and nature conservation. Over the years, it has become increasingly evident that the legislation that covers common land is becoming out of date and the land itself is in many cases at risk from overgrazing and other depredations. The Bill will protect our common land for generations yet unborn, enabling commons to be managed sustainably and providing additional protection against misuse, encroachment and unauthorised development. The accessibility of common land is greatly valued by the public, as it is largely unfenced. Indeed, there are common misconceptions about the ownership of common land. Many people believe erroneously that such land belongs to the people in some mysterious sense. Although that is not the case, most commons being privately owned, the utility value of common land cannot be denied. By the end of this year, however, public access to common land will have a proper legal basis, as the provisions of the Countryside and Rights of Way Act 2000 finally come into force. That Act has been one of the great achievements of this Labour Government and those who value increased access to the countryside should not readily forget the passage of the ““right to roam”” legislation. I am aware of the lengthy historical background of common land and common rights, stretching back to   1066—and all that. However, the Metropolitan Commons Act of 1866 and the Commons Act of 1876 were the first general legislative measures largely intended to protect and manage common land. The present legislative framework—the Commons Registration Act 1965—is the legislation that now needs to be brought up to date. The Bill will modernise and simplify outdated legislation so that commons can be managed sustainably by commoners and landowners working together. Locally, it will give common rights holders the power to regulate their own activities through statutory commons associations, which will be able to adopt binding rules by majority voting. It will provide commons with additional protection against overgrazing, abuse, encroachment and unauthorised development. It will provide for new powers of last resort for intervention to put a stop to practices which make commons ungovernable, such as leasing or selling-on rights of common to farmers remote from the community. It will help protect valuable wildlife habitats and improve public access by making much-needed improvements to existing commons registers, to allow the registration of common land that is currently unregistered, as well as the de-registration of wrongly registered land. The Bill is based on the DETR consultation paper of February 2000 and it is worth noting that detailed consultations have continued since then with the various stakeholders, with a view to developing a consensus on the detailed proposals for agricultural use and management. In the various briefings, which other noble Lords will have received, as I have, the widespread support for this legislation in general terms is apparent. I have particularly noticed the general support of the Countryside Alliance, English Nature, the Royal Society for the Protection of Birds and the Open Spaces Society. The noble Lord, Lord Greaves, mentioned some others. Of course, there is not unanimity on every single detail, but the details are matters for the Committee. Some of the details have been described to me by the Minister’s predecessor, my noble friend Lord Whitty, as ““fiendishly complicated””. I should perhaps flag up one issue where there is concern that I feel is legitimate and which I shall   want to press at a later stage. As the noble Lord, Lord Chorley mentioned, as the Bill stands no duty is placed on a local authority to take action to remove illegal works or take other steps to protect the land. The powers envisaged are discretionary and will be too weak to be effective. Such a power has existed under the Commons Registration Act 1965, yet experience appears to show that it is extremely difficult to persuade councils to take action. I hope that the Minister will be open to persuasion and that we can change his mind on that point. The concept of sustainable agricultural management has been developed by the Department for Environment, Food and Rural Affairs, particularly via the mechanism of agri-environment schemes. The Bill will facilitate the   entry by commoners to such schemes, through the statutory commons associations envisaged. That will protect and enhance or restore biodiversity and particular features of the landscape, in return for annual payments which will offset the additional costs of changed farming and land management practices. In addition, the Bill will be an important vehicle to help to secure the Government’s target of bringing more than 95   per cent of SSSIs up to a favourable ecological condition by 2010. The Bill is a modest measure which has yet to attract the attention of the great mass of the public. But I hope that it will secure a diverse and sustainable future for this most valuable and much loved natural resource. I am very pleased to have had this opportunity to express my warm support for the measure, and look forward to pursuing the particular point to which I alluded, and no doubt others, at a later stage, in the autumn.