Commons Bill [HL]

Commons associations are to be established primarily to improve the management of agricultural activities and vegetation on common land. A commons association will be made up of those with rights or other interests in the common who will volunteer their time to ensure the association operates effectively. Those people who will be out on the common, day in, day out, are not paid employees of any organisation, but commoners exercising their rights and owners managing their land. So having an association as a Section 28G body would place a significant new burden on such persons. In their daily activities, where commons have been designated as SSSIs, they would have to,"““further the conservation and enhancement of the flora, fauna or geological or physiographical features””," of the land, with no compensation for the added time, effort and expense of doing so. Section 28G bodies are not eligible for agri-environment funding. Such funding is available only to bodies that are not already required to carry out the activities for which an agri-environment grant is payable. To put it perhaps more simply, if a commons association was a Section 28G body, it would have no entitlement to agri-environment funding. I know that this is a probing amendment, but if it were agreed to, we believe that no commons associations would be formed where common land is designated as a site of special scientific interest. That would be a great shame. One of the driving forces to establish an association will be to make it easier for those concerned to agree a long-term funding package to secure better management on a common. If this amendment were to be agreed to, it would seriously compromise our ability to assist in bringing SSSIs on common land into favourable condition in order to meet our PSA target for such sites. We do not think giving commons associations the status of a Section 28G body would help to improve the nature conservation value of designated common land. Ironically, it is likely to have the opposite effect, and result in the unfavourable condition of SSSIs on common land continuing. Regarding Amendment No. 36, spoken to by the noble Lord, Lord Livsey, commons associations will be given a limited range of functions related to the management of common rights, vegetation and agricultural activities. They will not be expected to manage the numerous other activities that might take place on common land, such as recreational activities or organised events. Associations will largely be made up of local graziers, owners and other interests with a limited range of skills and expertise. They will often not be in a position to provide the level of advice needed to fulfil the role of a statutory consultee. A matter that affects the management of a common could cover an enormous variety of activities, from the trivial to the significant. It would be difficult for the members of an association to prepare reasoned arguments for all matters that might affect a common in some way, especially if its functions are related only to management of agricultural activities. It is not clear what the significance of any response from an association might be. Without some indication of the weight to be attached to such a response, an association is unlikely to act, even if given the status. In most cases where an activity might significantly affect the management of a common—for example, the siting of wind turbines—it is inconceivable that a commons association would not be asked for its views. In such a situation, there is also likely to be an environmental impact assessment or a public inquiry at which an association’s views could be heard. While we see commons associations as becoming a more powerful voice for commons, we do not see the need for making them a statutory consultee and giving them equal weighting. That will only increase the administrative burdens of the association, will not assist in improving the management of a common and will not be a true voice of all interests. We want to avoid that. The noble Baroness, Lady Miller, asked about marine matters and flooding. In practice, commons associations will of course be consulted. We may not have answered all of the concerns raised by the noble Baroness in Grand Committee. If that is so, we will write with a fuller explanation of our position.