Commons Bill [HL]

My Lords, I will reply to the specific amendment and what it does. The word ““members”” is a reference to those persons who are elected to the governing body of an association. A commons association is a little bit like a local authority where the local people elect representatives to the governing body of the authority and then effectively agree to abide by the decisions of that body. The majority of those participating in a commons association will appoint persons to a governing body or management board to represent their interests and make rules which will be binding on all those using the commons. We have not used the word ““officers”” to refer to those appointed to the governing body of a commons association, as use of this word has been reserved for those who have particular roles given to them in relation to the governing body, such as the treasurer, secretary or chairman. Paragraph 10 of the draft standard constitution, which we provided to Peers this autumn, makes provision for the appointment of such officers. Those who are entitled to appoint the members of an association will be identified in the establishment order. They are likely to consist of owners, commoners, those with other interests in the common such as sporting rights, and possibly bodies that have statutory management functions on a common. In order to identify who is eligible to appoint a member of an association, the returning officer will draw up a list of all those eligible to participate. The association may decide that all those eligible to participate in the appointment of members to the governing body must—and the noble Baroness recognised this point—pay an annual subscription to the association. This is similar to the way some existing voluntary commons associations operate, where payment of a small annual subscription makes a person eligible to vote at general meetings of the association. The definition of ““commoner”” in this standard constitution is just for the purposes of that instrument, not for general application. The standard constitution only has any relevance to commoners or commons for which an association is established. The drafting does not mean that people with rights over other commons will cease to be commoners. Our amendment in response to the Delegated Powers and Regulatory Reform Committee is reflected in Clause 56(3). The noble Baroness, Lady Byford, expressed concerns about the draft establishment order and the desirability of depriving commoners of their rights if there is no association. That is not what the draft order does. It is not the case that commoners not in the association will not be commoners. I can reassure the noble Baroness that where no commons association is formed, nothing changes. I understand and agree that the words used in this clause may be confusing to people who are more familiar with other associations in which members are all those who have paid their dues or subscriptions, and the officers elected to manage the association. We will consider more carefully the terminology used for different elements of commons associations and provide any necessary elements at third reading. I am sorry for going at such speed. I understand that there is an agreement, in the interests of the House, that we complete this part of the Bill by 7.30 pm. I will, of course, write to the noble Baroness, should I have failed to cover all the points to her satisfaction.