Commons Bill [HL]

It may be useful to the Committee if I speak to Amendment No. 128 in my name. It is grouped with that of the noble Duke. In a sense, it comes together with the next group, but I shall speak generally to the points that I wish to make. My previous amendments may have been probing amendments, but in the course of time this amendment may become less of a probing amendment. My noble friend invited us to agree that in establishing an association it was up to the commoners to take the initiative. He said that in the discussion on the previous amendment. It seems to me that a fundamental point in setting up a commons association is that the commoners should take the initiative and the association should have substantial support from those who have common rights. That is the fundamental point. If, for example, the owner of a common wants to dispute, he or she is entitled to do so. Nevertheless, he should have substantial support from those who have grazing rights on the common; they should take the initiative and the relevant national authority should take account of that above all other things. I shall speak to the amendments in the next group, but if my amendment is accepted, it would be necessary to revise somewhat the next paragraph in the clause. This is a fundamental issue that needs to be resolved.