My Lords, I thank the Minister for that response. Of course we accept what she says about the panel and the way that it would function. But there are important points of principle and obviously we beg to differ on whether this matter should be made statutory or just put in regulations. One critical factor is the independence of the adjudicators and their ability to look at this issue in a focused and objective way. I note what the Minister said about lawyers. I do not have a remit for them but I listen to what they say and try to evaluate it.
Some issues of principle should be considered. In particular, Part 1 deals with problems of registration and correction and matters of that kind. But in the case, for example, of the vesting of unclaimed common land, we are not talking about grazing rights, but about ownership. Therefore, strictly speaking, that is not part of Part 1. I merely put that to the Minister because the commons commissioners could operate over a very wide field. At present, it is a function of the commons commissioners, but they are being wiped out as a result of the cancellation of the Commons Registration Act 1965.
So far as concerns subsection (4)(b) in my amendment, about 35 to 40 town and village green inquiries go on every year. They are run by local authorities and, if the Bill stands as it is, sometimes expensive private barristers will have to be engaged and decisions taken, often because there will be no statutory force. In fact, in strict terms of law, I am ““informed”” that this measure will not stand up at all well, as apparently will be the case in terms of the early part of the amendment of which I spoke.
So the matter about which I have just spoken—that is, the fact that there is some doubt—will be corrected by the insertion of subsection (4)(b) in our amendment as legally qualified inspectors would conduct the inquiries and would come to conclusions which, I am informed, might stand up better than the way that the Bill is drafted at present. I am sure that the Minister will have taken note of that and, indeed, as she says—and I agree—the Government have come at least halfway. I am sure that people will have noted the contents of this debate and, in those terms, I wish—
Commons Bill [HL]
Proceeding contribution from
Lord Livsey of Talgarth
(Liberal Democrat)
in the House of Lords on Wednesday, 18 January 2006.
It occurred during Debate on bills on Commons Bill [HL].
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2005-06Chamber / Committee
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