Commons Bill [HL]

My Lords, I understand why the noble Lord would like on record the contents of the letter sent by my noble friend to all noble Lords who took part in debates on the Bill at various stages. I am delighted to confirm, by repeating what the letter said, that all local authorities, including parish councils, under Section 9 of the Open Spaces Act 1906, may undertake the entire or partial care, management and control of any open space, whether any interest in the soil is transferred to the local authority or not. If the powers are considered by a local authority to be insufficient, we would commend the making of the scheme for the management of the common land under Part 1 of the Commons Act 1899. That is a relatively simple procedure by which a district council, including a unitary authority, or a national park authority, may consult on and make a scheme for the management and regulation of any common. Such powers then being vested in the authority, it is possible for the owner or one-third in value of the commoners to veto a scheme; but if the land is unclaimed and untended, it seems unlikely that a veto would be exercised. We also suggest that approach if the authority is seeking funding through an agri-environmental scheme. The second possibility is that the local interests in a common could apply to the national authority for an order establishing a commons association with representation of those local interests on the governing body. That would be particularly appropriate when unclaimed common land remains important to the local agricultural economy. I hope that the noble Lord understands that we simply do not need the powers conferred by his amendment, as they are already amply provided for in Part I of the 1899 Act and Part 2 of this Bill. Those powers have been carefully crafted to balance the various interests in unclaimed common land, and I commend their use. We certainly intend to write a circular to local authorities about their responsibilities under the legislation, and I expect that we shall consult on a circular in due course. I thank the noble Lord for his interest and hope that the reply has been helpful.