Commons Bill [HL]

Government Amendment No. 142 allows an association to be given functions related to the management of vegetation. Thus, we see no need to include bracken in the illustrative list of functions in subsection (3). Amendment No. 164 goes further and allows an association to make rules that may require a certain area of bracken to be cleared from a common each year. That might place an intolerable burden on members of an association, which might involve significant cost. Examples of the cost are the purchase of a bracken-crusher—I have never seen such an implement but the noble Duke obviously has—labour to operate machinery and disposal of the cleared vegetation. There would be nothing to prevent an association deciding to clear certain areas and control the growth of bracken if it were given functions relating to the management of vegetation. However, that decision must be made locally through majority voting where the other costs and implications are made clear. We do not want to impose that burden.