Commons Bill [HL]

My Lords, I thank the Minister for his clear introduction to the Bill, and for the helpful briefing session that he held for noble Lords last week.   The Bill comes at an important time for the countryside, for agriculture, and for access to land granted by the Countryside and Rights of Way Act 2000. Therefore, it is to be welcomed. I must declare an interest in the matter. For many years I have acted as a trustee to a landed estate in Cumbria that owns many thousands of acres of commons. As the Minister said, the Commons Registration Act   1965 dealt with only one part of the royal commission’s report of 1958, leaving unfinished business to be carried through further legislation. Now is a good time not only to tidy up the 1965 Act and deal with some of its deficiencies, but to complete the work of the royal commission. Two major changes in the way in which we support agriculture and manage the countryside have happened in the past five years. First, the change in the support of agriculture has moved from product support to a single farm payment and the introduction of agri-environment schemes. Secondly, access to the countryside has been moved up the political agenda so that access to common land granted by the CROW Act will be fully implemented by the end of 2005, as the noble Lord, Lord Haworth, mentioned. Since 1965, when initial registration took place, management of commons has been extremely difficult due to the overregistration of rights—the Minister admitted that—and the CAP grant system based on headage payments. That effectively forced farmers to increase grazing to the maximum, or in many cases to   exceed their registered rights. That in turn led to massive overgrazing, particularly on commons in the   north of England, with the result that much of the   habitat was destroyed, particularly the heather moorland. It is no wonder that the sites of special scientific interest have been damaged by that form of government subsidy, and that English Nature has said that 43 per cent of commons classified as SSSIs are in poor or declining condition. The introduction of environmentally sensitive areas and countryside stewardship schemes has reversed that trend to a large extent. I shall give one example. On Crosby Ravensworth Common, where a countryside stewardship scheme has been implemented, the recovery of moorland habitat has been astounding. Part 2 promotes the efficient management of commons by the establishment of self-regulating statutory commons associations which can undertake the sustainable agricultural management of common land at the local level. The 1965 Act dealt only with the registration of commons, and that register is now sadly out of date and a hindrance to effective management of commons. The farmers listed have long gone or died, and farms have been sold. We will need to examine carefully the scope and power of the associations to make sure that all those with rights and responsibilities for commons have a proper part to play in their future. What level of ““substantial support”” will be required before commons associations can be established? Will the rights of the landowner be sufficiently protected? Sporting and mineral rights are valuable and need to be taken into consideration. Access to the countryside granted by the CROW Act, and particularly access to commons, will need to be monitored very carefully if the nature conservation aspects of the commons are to be safeguarded and improved. Ground-nesting birds are particularly at risk from the walking of dogs, for instance. Some of those birds are rare, and it must be made easy and effective for a landowner to close access at times when it is detrimental to the nature conservation interest of the common. Part 3 introduces a regime for obtaining consent for the undertaking of certain works on registered common land, such as building walls, erecting fences, digging ditches and building embankments. It is important to ensure that the prohibition of such works does not hinder the carrying out of essential land management practices. We must look carefully at the power of the national authorities to step in and stop unauthorised agricultural activity which is detrimental to the protection and promotion of sustainable agriculture. As my noble friend Lady Byford asked, what is sustainable agriculture in that context? Why not sustainable conservation? A reasonable balance should be established. Many areas of common land are of a high landscape quality. Why should that be spoiled? It would be deemed most unfair if one or other Secretary of State could step in and grant permission for a wind farm with multiple wind turbines on common land where the national authority could also prevent the common rights holders from erecting a new fence or digging a ditch. That is an example of the dangers that my noble friend Lord Patten had in mind. I have stated that I welcome the Bill as the Commons Registration Act 1965 failed to deliver on public access and improved management, the missing pieces from the 1958 royal commission report. I look forward to the detailed deliberations that will take place in Grand Committee in the autumn.