Commons Bill [HL]

moved Amendment No. 20:"Page 19, line 24, at end insert ““(including by applying for funds from any source)””" The noble Lord said: My Lords, the amendment clarifies the nature of commons association powers to raise money. It emphasises that an association may apply for funds from any source to raise money. Of course, that includes agri-environment schemes, rural development programmes, heritage lottery funding and any other funding programme currently available. The amendment was prompted by concern expressed by noble Lords that the link between commons associations and agri-environment schemes was not stated more explicitly in the Bill. We have taken the opportunity since Report, as I promised, to explore that issue and concluded that it would be best to make a more explicit reference to the ability of commons associations to raise money from a wide range of sources. Our amendment is made to the ancillary powers rather than the functions of commons associations. The activity of raising money from any particular source cannot properly be regarded as a core function. The primary purpose of the association is to engage in activities related to the management of agriculture, vegetation and common rights—not to raise money. Of course, raising money may be an important activity for an association, but it is an ancillary activity that will enable the association to carry out its primary functions. Our intention with this amendment is to make it quite clear that an association can raise money through application to any source of funding. This includes agri-environment schemes. Why then do we deliberately avoid the phrase ““agri-environment scheme””, which appears on an amendment that may be discussed in this group? The government amendment avoids such a mention, which is not to suggest that we do not consider such schemes to be an important source of funding. I have said that we do. We will encourage associations to enter into schemes, such as the higher level environmental stewardship scheme. In many cases, we would expect commons associations to be formed in order to benefit from financial support afforded by such schemes. We have not explicitly mentioned agri-environment schemes because, with common land legislation, one has to take the long view. In the decades to come—not in the years ahead—there may be no such thing as an agri-environment scheme. Future funding may take a different form, either as a result of domestic or EU policy changes, and our aim here is to enable associations to adapt to changing circumstances. I repeat that our amendment does this by making explicit that commons associations may apply for funds from any source. I hope it is fair to say that a general principle of legislation is that, if a statute gives a body broad powers, as we do here, it is not sensible in the same breath to refer to one detailed example of such a power. To do so may—I repeat, may—tend to undermine the generality of the broad power. This is not out of sympathy with what is behind an amendment that I suspect is about to be spoken to—it is that it is not necessary and would be against the general principle of legislation. I beg to move.