Commons Bill [HL]

I think that it would be best if I wrote to the noble Duke on what his amendment suggests. Amendment No. 161 includes in the list of functions that can be given to a commons association the power, first, to make rules to protect agricultural activities from damage by motor vehicles, and, secondly, to make rules for the distribution of funds that may go to an association for grants for sustainable agriculture. We believe that making rules to protect agricultural activities from damage by motor vehicles goes beyond the functions that can be given to a commons association. We are aware—and it was pointed out at Second Reading of the Natural Environment and Rural Communities Bill on Monday—of the problems of illegal motorcycles and four-wheel drive use on commons and the damage that can be caused by such activity. Existing laws make those activities illegal on common land, and it is the role of the police to enforce them. For example, under Section 34 of the Road Traffic Act 1984, it is an offence to drive a vehicle on common land without lawful authority. Section 193 of the Law of Property Act 1925 relates to the driving of vehicles on urban and dedicated commons without lawful authority. Such motor activities are not related to the management of agriculture, vegetation or common rights and so we do not think that such a function can, or should, be given to an association. It is not appropriate for an association to take that sort of enforcement action under other legislation. With no disrespect to them, members of the association may not have the skills or training to engage in such enforcement activities, and potential problems related to health and safety would be likely to arise were they to try. Where damage is being caused by motor vehicles, a commons association will undoubtedly require the assistance of the police, and that can be done under existing legislation. We do not think it appropriate for there to be rules to regulate non-agricultural activities such as rallies. They could impose criminal sanctions on those who have no connection with the management of the common and no say in the making of any such rules. We accept, and regret, that existing laws on vehicle use on commons are being broken, but we do not think that making similar laws through rules is likely to be any more effective. Perhaps we need to look to the police to deal with the matter.