Commons Bill [HL]

He is, my Lords, but he obviously knows Dartmoor better than I do—and I will be asking why that Dartmoor example was given. Perhaps I may return to what is a serious debate. Permanent works of this scale and significance must be subject to the consent regime. Otherwise, there would be no purpose in having the regime. I do not rule out entirely the possibility that fences might be necessary in those or other similar circumstances, but the works would then be subject to the consent regime in Clause 38. The procedures will ensure that proposals are carefully scrutinised and that the public generally have a chance to make their views known and have them taken into account. If at the end of that process the national authority decides that a fence is necessary, I am sure that there would be widespread acceptance of that decision, but I cannot say that we are convinced that everyone would accept that works of that nature should be exempt from the controls, which is what is being sought, without the widest possible consultation. Both noble Lords on the Liberal Democrat Benches mentioned emergencies. In emergencies, such as foot and mouth disease, there are already powers in the Animal Health Act that allow works to be undertaken. The exemptions that we have inserted in Clause 43 are for minor or temporary works, not works of such significance that they should be subject to the controls on works in Clause 38, which, as I understand it, have the general support of noble Lords. Exemptions are not a substitute for a fast-track procedure for emergency works because such exemptions are made by order. I am invited to come back to the noble Lord, Lord Tyler, on the Dartmoor point. I am not sure whether I shall resist the temptation, but I am advised that most roads across Dartmoor commons are not fenced. The fenced sections tend to be across new—I cannot read them.