Commons Bill [HL]

moved Amendment No. 2:"After Clause 4, insert the following new clause—"    ““COMMONS ADJUDICATION (1)   There shall be a body of adjudicators known as Commons Inspectors. (2)   The Secretary of State shall appoint— (a)   persons who have a 7 year legal qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41) (judicial appointments); and (b)   persons with such other expertise as he considers appropriate, to be Commons Inspectors. (3)   The Commons Inspectors shall undertake the functions of the Commons Commissioners established under the Commons Registration Act 1965 (c. 64). (4)   The functions of the Commons Inspectors shall also include— (a)   vesting unclaimed common land; (b)   conducting town and village green inquiries; (c)   resolving problems of amendments to commons registers. (5)   The Secretary of State shall confer such other functions upon the Commons Inspectors as he considers appropriate. (6)   The Secretary of State shall pay to the Commons Inspectors such fees, travelling allowances and other allowances as he may determine.”” The noble Lord said: My Lords, Amendment No. 2 was debated on Report. Before I go any further, I thank the Minister for his letters on this, and in particular I thank him for allowing in his amendment, which is grouped with this one, regulations to be drawn up in the schedule that will indicate that there will be some basis for appointing people to adjudicate on many of the difficulties that accrue from registration of commons and that area. It is important to compare Amendment No. 2 with the Minister’s Amendments Nos. 12 and 13 and the two different approaches. The commons adjudication body under my amendment would have people with legal qualifications, as noble Lords can read in my proposed subsection (2). I will refer to that shortly. The main difference between this amendment and that tabled on Report is proposed subsection (4):"““The functions of the Commons Inspectors shall also include . . . vesting unclaimed common land . . . conducting town and village green inquiries . . . resolving problems of amendments to commons registers””." The amendment would apply to Part 1. There are issues on which I have sought legal advice. In comparison, government Amendments Nos. 12 and 13 relate to Clauses 16 and 24. Clause 24 refers to,"““sections 6 to 9, 12 and 13””," which are all in Part 1. It also refers to the amendment of   registers and applications. It covers the creation of rights of common, variation, apportionment, severance, transfers, surrender and extinguishment. It also addresses the ability of persons to discharge functions of a commons registration authority, all under Part 1, wholly with the registration of common rights—that is important. However, there are other matters relating to inspection outside Part 1 that must be addressed and which require legal expertise. In our proposed subsection (4), the amendment of registers is addressed in paragraph (c), but the missing link, especially in comparison with the commons commissioners, which were created in the 1965 Act, is:"““vesting unclaimed common land . . . conducting town and village green inquiries””." Both those are outside the scope of government Amendments Nos. 12 and 13; none the less they are very necessary functions for legally qualified commons inspectors. In our view, it is essential that they have legal qualifications in the area of vesting unclaimed common land and conducting town and village green inquiries. Can the Minister prove that his amendment, under regulations, will address subsections (4)(a) and (4)(b) of my amendment, as far as functions are concerned? I wish to make some other points, but I will have that opportunity in response to what the Minister says, so I beg to move.