Commons Bill [HL]

moved Amendment No. 38:"Page 17, line 39, at end insert—" ““(   )   preparing management plans to seek eligibility for agri-environment schemes.”” The noble Lord said: My Lords, this amendment stands in my name and that of my noble friend Lord Livsey of Talgarth. It would make explicit that there are real advantages to setting up a statutory commons association. Without this addition, there is a real danger that, despite all the effort that has been put into this legislation by the huge number of interested organisations that have contributed over many years and by the Government themselves, it will be a dead letter. In Grand Committee, frequent reference was made to the need to promote agri-environment schemes, not least by the Minister himself. There were also references to agri-environment schemes in earlier exchanges on Report. During a debate on Clause 27, the noble Earl, Lord Peel, said:"““I suspect that in most cases the formation of a commons association will be for the purpose of entering into an agri-environment scheme””.—[Official Report, 28/11/05; col. 73.]" From my own experience of working with commoners on Bodmin Moor, I am sure that the noble Earl is right. To interpolate for those who do not know Bodmin Moor, we have a number of very sensitive natural habitats—ones that will need careful protection and would benefit from agri-environment schemes, as commoners are aware. Members of your Lordships’ House who do not know Bodmin Moor may know of it only as the habitat of the famous beast of Bodmin Moor, but there are other species there that require careful protection. I was also delighted to note the positive comments from the Minister on matters relating to agri-environment schemes during Monday’s debate. In response to Amendment No. 35, he said:"““Commons associations are to be established primarily to improve the management of agricultural activities and vegetation on common land””.—[Official Report, 28/11/05; col. 75.]" If that is not an explicit endorsement of the purpose of our Amendment No. 38, I do not know what is. This is a vital carrot. Since there are apparently no sticks—at least none is visible—in the Bill, this clear statement of purpose is all the more important. The context for this legislation is absolutely crucial, as I am sure noble Lords who have connections with the agricultural community will recognise. Farmers, and especially hill farmers, face an especially difficult and uncertain future. Economic viability is balanced on a knife edge for them. Smaller family farms are already being swallowed up by large ranching enterprises—and the most likely route for survival is through participation in agri-environment schemes. That is the clear direction to be taken by the common agricultural policy over the next few years. The current transition through to 2012 simply ratchets up the critical role of the schemes year by year. Even if there is a further round of reform of the CAP, as we are constantly told may be the case, the one element of relative certainty is that the agri-environment schemes will become even more vital. I am sure that your Lordships’ House is aware that this legislation has been many decades in gestation. The likelihood of a further opportunity to review and update the management of commons within the next 40 or even 50 years is very remote, so it must follow that we should place firmly in the Bill the need to make agri-environment schemes a clear responsibility of the new commons associations. At the very least, the preparation of management plans to qualify for those schemes should be an explicit function for them, and stated as such in Clause 31. My noble friends and I very much hope that the Minister will be true to his previous word and will accept our amendment.