Commons Bill [HL]

Amendment No. 192 would constrain the ability of the national authority to transfer the rights, property and liabilities of a commons association that was being wound up. The amendment would allow transfer only to an adjacent commons association, and then only for a period of 12 months or less. Clause 35(1) sets out a number of reasons for an association to be wound up. It may have ceased to operate, it may be failing to discharge its functions effectively, or failing to pay due regard to the public interest. Perhaps the commoners have ceased commoning, or too few of them remain to make the association viable. In that event, there may well be good reasons why the association should be wound up. The association may have a range of assets such as land, property, common rights or funds that need to be disposed of. Of course it may also have liabilities in the form of debts or obligations under, for example, agri-environment agreements. This clause would enable assets and liabilities to be transferred to a new association, an existing commons association or any other person or body. We do not think it right to constrain this power. It may be difficult to find an association willing to take on the assets, liabilities and responsibilities in question, or indeed there may be no neighbouring association established in the area and no prospect of one being established in future. We must remember that associations are bottom-up initiatives and it is not the role of the Secretary of State to require local interests to establish an association where none is wanted. We believe that there must be the flexibility to transfer assets as best makes sense in all the local circumstances. That could well favour another local commons association, but it may well not be an option. Moreover, limiting the transfer to a period of 12 months would not make sense in the circumstances I have described. I want to emphasise that the powers in Clause 35 are very much those of last resort. If an association still exists and is functioning well, there would be no need to use this power. I invite the noble Duke to consider withdrawing his amendment.