Commons Bill [HL]

I support the general thrust of the noble Lord’s amendment and shall speak to Amendments Nos. 46 and 57, which stand in my name and aim to achieve the same objective. If the owner of a piece of land wishes it to be a town or village green and the local community through the parish council, for example, is in agreement with that, it should be possible for it to become a town or village green without having to wait for 20 years. Under the Bill,"““a significant number of the inhabitants””," must have,"““indulged as of right in lawful sports and pastimes””," for 20 years. The difference between my amendments and those of the noble Lord is that the noble Lord suggests that the process should be done by deed, while my amendment merely suggests that the land can be registered as a town or village green through the registration process. The second proposal would be easier and less expensive; on the other hand, I shall not complain very much if the Government prefer the first one. I hope that they understand the problem. When we discussed an earlier clause last week, we had an interesting discussion about the express grant of land, during which we all learned what the phrase ““express grant”” might mean. I am not sure that I understand it fully, but we had a convincing explanation from the Minister. It would allow an owner of land to enter into some kind of deed or other legal document by which it would be possible for the land to become common land. So we have been assured that the Bill already contains such provisions, or similar provisions, in the case of common land—an owner can dedicate his land as a common, by some process—and it would be illogical if the process were not to be carried through in the case of town or village greens. In fact, they may be more likely to be dedicated in practice, as there must be many occasions on which a village clearly needs a village green and does not have one and when the owner is prepared the land to be a village green. The Minister is nodding with enthusiasm, or certainly with some vigour, so I shall say no more and look forward to hearing what he has to say in reply to the amendments.