Commons Bill [HL]

My Lords, the amendment would ensure that any fees required to be paid to a commons association in connection with the exercise of rights of common, or rights to use the surplus, or in connection with membership of, or participation in, the association, are reasonable. One of the ancillary powers given to a commons association is a power to raise money. This clause makes it clear that the power to raise money can involve the levying of fees in connection with the exercise of rights of common, or exercise of rights to use the surplus. Money can also be raised through charging a membership fee or a fee for participating in the association. These are the approaches most likely to be taken when raising money to cover the operating costs of an association. Where interests in a common see benefits from forming an association, be it voluntary or statutory in nature, charging a fee in connection with the exercise of rights is a generally accepted approach for providing the small level of income required for operating purposes. We do not expect any fees that are levied to be very high. The levying of fees in connection with the exercise of rights is not unusual. The Dartmoor Commoners’ Council has charged a small fee in connection with the exercise of rights for the past 20 years to fund its operations—for active graziers it has been 66 pence per livestock per year and for inactive graziers, 11 pence, with a minimum payment of £5 for any rights holders. Many existing commoner’s associations charge a small annual subscription for membership which does not appear to cause any great hardship. For example, the Federation of Cumbria Commoners, with over 500 members, charges a small annual fee for membership, which, I believe, is £10. The size of the fee is decided through a majority vote at the annual general meeting of the federation. Any fee for membership, or in connection with the exercise of rights, is likely to be agreed through a majority vote taken by the representative body of the association or by all participants in the commons association at a general meeting. Fees will not be imposed by some external body; they will be determined by those who will have to pay them through a majority vote. As a result, any fees levied are likely to be at a level which is acceptable to those who will pay them. The reality is that members of an association are not going to levy unreasonably large fees on themselves. In any event, any exercise of a statutory power necessarily implies that the power must be exercised in accordance with the rules of natural justice. So the power to set fees under this subsection already means that, as and when it is exercised, it must be done in a reasonable manner, taking into account all the circumstances, including the purpose for which any fees are being levied. That is why we do not think that the words ““reasonable”” or ““modest”” need to appear in the Bill. The noble Baroness asked who the other participants were who might have to pay. Apart from the commoners, they might include the owner or the owner’s tenant or licensee or anyone else entitled to make use of the grazing. In addition, people such as sporting rights holders might have to pay some sort of fee to exercise those rights.