Commons Bill [HL]

I shall speak to Amendment No. 130, which is grouped with Amendments Nos. 129 and 131. We are again trying to define the whole question. I appreciate the comments of the noble Lord, Lord Williams of Elvel, on clause stand part, but I shall probably keep going. The amendment seeks to clarify criteria for establishment. The Secretary of State or the Welsh Assembly have to be satisfied that there is substantial support—I shall gloss over that—for the making of an order to establish a commons association. Subsection (5) states that they have to,"““have particular regard to . . . persons who are entitled to exercise rights of common””." We ask the Minister that that be confined to commoners who currently exercise their rights, as opposed to commoners who do not actively do so. This is a probing amendment; we are trying to get the Minister’s thinking on the subject. Will he consider the importance of taking into consideration in the matter only people who have a proven vested interest in common lands? The point is already recognised in the consent part of the Bill, Clause 37(1). The purpose of the amendment is to ensure consistency. Furthermore, it would reduce the risks of proposals for establishing a statutory commons association being derailed by persons who choose not to be actively involved in the management of commons. In our view, commoners who currently exercise their rights should have preference. I believe that there is support from the farming community for the amendment.