Commons Bill (HL). Lords Report stage first day
Commons Bill [HL]
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676 c9-81 Session
2005-06Legislative stage
Report stageChamber / Committee
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Commons Bill (HL) . As amended in Grand Committee (HL)
Monday, 14 November 2005
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House of Lords
Monday, 14 November 2005
Bills
House of Lords
Proceeding contributions
Baroness Farrington of Ribbleton | 676 c54 (Link to this contribution)
My Lords, I am not sure whether I will be in a position to deal with the noble Duke’s question, but ...
Lord Greaves | 676 c54-5 (Link to this contribution)
My Lords, the noble Lord, Lord Greaves, may well withdraw his amendment, but whether he is satisfied...
Show all contributions (126)
Baroness Farrington of Ribbleton | 676 c53-4 (Link to this contribution)
My Lords, government Amendments Nos. 21 and 22 are minor technical amendments to Clause 16 to bring ...
Duke of Montrose | 676 c54 (Link to this contribution)
My Lords, I am grateful to the Minister for explaining the further depths of the government amendmen...
Lord Livsey of Talgarth | 676 c55-7 (Link to this contribution)
moved Amendment No. 24:"After Clause 16, insert the following new clause—"
““CHANGES IN OWNERSHIP ...
Baroness Farrington of Ribbleton | 676 c55 (Link to this contribution)
moved Amendments Nos. 21 to 23:"Page 9, line 12, at end insert—"
““(6A) The appropriate national...
Baroness Farrington of Ribbleton | 676 c57-9 (Link to this contribution)
I begin by speaking to Amendment No. 24. We are unable to support the noble Lord’s amendment. The no...
Baroness Byford | 676 c57 (Link to this contribution)
My Lords, I shall speak to Amendment No. 33, which is grouped with this amendment and also refers to...
Baroness Farrington of Ribbleton | 676 c59 (Link to this contribution)
moved Amendment No. 25:"Page 10, line 4, leave out ““previously”” and insert ““which, immediately be...
Lord Livsey of Talgarth | 676 c59 (Link to this contribution)
My Lords, perhaps I may respond to the Minister. First, we agree with the amendment on funding, move...
Baroness Farrington of Ribbleton | 676 c60 (Link to this contribution)
moved Amendment No. 26:"Page 12, line 6, leave out ““fair”” and insert ““just””"
The noble Baroness...
Duke of Montrose | 676 c60-1 (Link to this contribution)
My Lords, I thank the Minister for moving this amendment. It is a sensible redrafting of the word ““...
Baroness Farrington of Ribbleton | 676 c61 (Link to this contribution)
moved Amendment No. 27:"Page 12, line 29, leave out subsection (2)."
On Question, amendment agreed ...
Baroness Byford | 676 c61 (Link to this contribution)
moved Amendment No. 28:"Page 13, line 4, at end insert—"
(2) The rectification of mistakes under...
Baroness Miller of Chilthorne Domer | 676 c65 (Link to this contribution)
My Lords, it may be helpful if I confirm that that is my intention with the amendment.
Baroness Byford | 676 c65 (Link to this contribution)
My Lords, before the noble Lord sits down, I think that he was a little confused in his answer on Am...
Lord Bach | 676 c62-5 (Link to this contribution)
My Lords, Amendment No. 28 would require the transitional period for correcting mistakes in the regi...
Baroness Miller of Chilthorne Domer | 676 c61-2 (Link to this contribution)
moved, as an amendment to Amendment No. 28, Amendment No. 29:
Line 2, leave out ““rectification”” a...
Baroness Byford | 676 c65-6 (Link to this contribution)
My Lords, I thank the Minister for his comments on my Amendments Nos. 28, 30 and 80, and I thank the...
Lord Greaves | 676 c65 (Link to this contribution)
My Lords, perhaps I may be tedious and ask another question before the noble Lord sits down again. A...
Lord Bach | 676 c65 (Link to this contribution)
My Lords, indeed not. I do not know how long after the Bill is enacted Part 1 will commence, but we ...
Lord Greaves | 676 c65 (Link to this contribution)
My Lords, before the noble Lord technically sits down, in replying to my question on behalf of the R...
Lord Bach | 676 c65 (Link to this contribution)
My Lords, I meant what I said. There is no reason why commons associations cannot be established bef...
Baroness Miller of Chilthorne Domer | 676 c66 (Link to this contribution)
My Lords, on the basis that the Minister will helpfully write to us to clarify the position, I beg l...
Baroness Byford | 676 c66 (Link to this contribution)
My Lords, I thank the Minister.
Lord Greaves | 676 c66-7 (Link to this contribution)
moved Amendment No. 31:"Page 14, line 23, after ““authority”” insert ““in relation to such an applic...
Baroness Byford | 676 c66 (Link to this contribution)
My Lords, I beg leave to withdraw the amendment.
Amendment No. 28, by leave, withdrawn.
Clause 23 ...
Duke of Montrose | 676 c69-70 (Link to this contribution)
moved Amendment No. 34:"Page 15, line 29, leave out ““substantial support”” and insert ““majority su...
Lord Livsey of Talgarth | 676 c70 (Link to this contribution)
My Lords, it would seem that majority support among the councillors would reflect the democratic dec...
Lord Bach | 676 c70-2 (Link to this contribution)
My Lords, I shall respond as briefly as I can. This is an important topic and it has arisen in a num...
Baroness Miller of Chilthorne Domer | 676 c72-3 (Link to this contribution)
My Lords, do I recall correctly that the establishment of a commons association will cost between £1...
Baroness Farrington of Ribbleton | 676 c67 (Link to this contribution)
My Lords, I am able to do exactly what the noble Lord, Lord Greaves, wishes. Amendment No. 31 seeks ...
Baroness Byford | 676 c68 (Link to this contribution)
moved Amendment No. 33:"Page 14, line 42, at end insert—"
““( ) Regulations under subsection (...
Lord Bach | 676 c73 (Link to this contribution)
My Lords, in writing to the noble Baroness about agri-environment schemes generally, I may be able a...
Lord Bach | 676 c73 (Link to this contribution)
My Lords, the noble Baroness makes a very interesting point. Sometimes local authorities may assist ...
Earl Peel | 676 c73 (Link to this contribution)
My Lords, further to the noble Baroness’s important point about funding, I suspect that in most case...
Duke of Montrose | 676 c75 (Link to this contribution)
My Lords, I am glad to support the amendment tabled by the noble Lord, Lord Greaves. I shall be inte...
Lord Livsey of Talgarth | 676 c74-5 (Link to this contribution)
My Lords, Amendment No. 36 addresses the question of the management of a common, because decisions a...
Lord Greaves | 676 c74 (Link to this contribution)
moved Amendment No. 35:"Page 16, line 7, leave out ““not””"
The noble Lord said: My Lords, the amen...
Duke of Montrose | 676 c73-4 (Link to this contribution)
My Lords, I am grateful to all those who have participated in this interesting exchange. We have exp...
Lord Bach | 676 c76-7 (Link to this contribution)
My Lords, certainly, in that situation, I agree that they would have every right to be consulted. Wh...
Baroness Miller of Chilthorne Domer | 676 c76 (Link to this contribution)
My Lords, I should like to clarify why I am so concerned about commons associations’ rights to be co...
Lord Bach | 676 c75-6 (Link to this contribution)
Commons associations are to be established primarily to improve the management of agricultural activ...
Lord Greaves | 676 c77 (Link to this contribution)
My Lords, before the Minister sits down and before I reply, perhaps I may beg the patience of the Ho...
Lord Bach | 676 c77 (Link to this contribution)
My Lords, that is an important question, which I do not want to speak back on without any thought. I...
Lord Greaves | 676 c77-8 (Link to this contribution)
My Lords, I accept that. I thank the Minister for the excellent, detailed and informative letters th...
Lord Greaves | 676 c78 (Link to this contribution)
My Lords, we have been doing quite well today.
Lord Livsey of Talgarth | 676 c78 (Link to this contribution)
My Lords, perhaps I may interrupt here.
Baroness Farrington of Ribbleton | 676 c78 (Link to this contribution)
My Lords, the Minister has sat down. He has spoken. The mover of the amendment may speak. I am being...
Lord Livsey of Talgarth | 676 c78 (Link to this contribution)
My Lords, my noble friend Lady Miller mentioned flooding. Other noble Lords have mentioned 40 years....
Baroness Byford | 676 c78-9 (Link to this contribution)
moved Amendment No. 37:"Page 17, line 1, leave out ““members”” and insert ““officers””"
The noble B...
Lord Greaves | 676 c78 (Link to this contribution)
My Lords, that is for us to decide, of course. Perhaps we are all being stretched. I was a little su...
Baroness Farrington of Ribbleton | 676 c80-1 (Link to this contribution)
My Lords, I will reply to the specific amendment and what it does. The word ““members”” is a referen...
Baroness Miller of Chilthorne Domer | 676 c79-80 (Link to this contribution)
My Lords, I am grateful to the noble Baroness, Lady Byford, for giving me the opportunity to questio...
Baroness Byford | 676 c81 (Link to this contribution)
My Lords, I thank the Minister. I beg leave to withdraw the amendment.
Amendment, by leave, withdra...
Baroness Farrington of Ribbleton | 676 c81 (Link to this contribution)
My Lords, I beg to move that consideration on Report be now adjourned.
Moved accordingly, and, on Q...
Baroness Byford | 676 c34 (Link to this contribution)
My Lords, I shall be very brief. Many noble Lords have covered ground that I would normally cover an...
Lord Cameron of Dillington | 676 c33-4 (Link to this contribution)
My Lords, I support the flexibility that the noble Lord, Lord Inglewood, is seeking to introduce. We...
Lord Inglewood | 676 c35-6 (Link to this contribution)
My Lords, I thank all noble Lords who have taken part in the debate, particularly the Minister, for ...
Lord Bach | 676 c34-5 (Link to this contribution)
My Lords, I am grateful to all noble Lords who have spoken in this important debate. The amendment r...
Earl Peel | 676 c36-7 (Link to this contribution)
moved, as an amendment to Amendment No. 7, Amendment No. 8:
Line 11, at end insert—
““(aa) enab...
Lord Bach | 676 c36 (Link to this contribution)
moved Amendment No. 7:"Page 5, line 16, at end insert—"
““(3A) Where a right of common to which ...
Earl Peel | 676 c37 (Link to this contribution)
My Lords, the noble Lord is absolutely right. Government Amendment No. 7 has been passed but my Amen...
Lord Williams of Elvel | 676 c37 (Link to this contribution)
My Lords, I am sorry to interrupt the noble Earl but, as I understand it, the amendment to which he ...
Lord Williams of Elvel | 676 c37 (Link to this contribution)
My Lords, if the noble Earl moves his amendment, we can discuss it.
Lord Bach | 676 c37 (Link to this contribution)
My Lords, perhaps the noble Lord will forgive me. I think that my noble friend is wrong about this. ...
Lord Livsey of Talgarth | 676 c26 (Link to this contribution)
My Lords, I certainly agree with my noble friend Lord Greaves that the Government moved a considerab...
Lord Bach | 676 c24-5 (Link to this contribution)
My Lords, I am grateful to all noble Lords who have taken part in this interesting debate. It should...
Baroness Byford | 676 c23-4 (Link to this contribution)
My Lords, I am very grateful to my noble friend. I knew that I had not got it quite right. That is a...
Earl Peel | 676 c30-2 (Link to this contribution)
My Lords, I believe my noble friend knows that I have great sympathy with the intentions behind his ...
Lord Jopling | 676 c29-30 (Link to this contribution)
My Lords, I want very strongly to support what my noble friend Lord Inglewood has said in moving thi...
Lord Inglewood | 676 c27-9 (Link to this contribution)
moved Amendment No. 6:"Page 5, line 16, at end insert—"
““(d) any other person if—
(i) the rig...
Lord Bach | 676 c26-7 (Link to this contribution)
moved Amendment No. 5:"Page 5, line 16, at end insert ““established for the land””"
On Question, am...
Lord Livsey of Talgarth | 676 c32-3 (Link to this contribution)
My Lords, I know that the noble Lord, Lord Inglewood, has done a tremendous amount of work on Amendm...
Lord Bach | 676 c32 (Link to this contribution)
My Lords, I am getting up out of turn to say that the Government think that we may have a way throug...
Lord Chorley | 676 c32 (Link to this contribution)
My Lords, I find myself instinctively drawn to the amendment proposed by the noble Lord, Lord Inglew...
Lord Bach | 676 c49-51 (Link to this contribution)
My Lords, the amendment probes the effect of various possible characteristics of land on its ability...
Lord Greaves | 676 c48-9 (Link to this contribution)
My Lords, it will come as no surprise to anyone that my basic instincts and prejudices are in favour...
Lord Bach | 676 c51 (Link to this contribution)
My Lords, I shall write to the noble Baroness on that matter.
Baroness Byford | 676 c51 (Link to this contribution)
My Lords, I am grateful to the Minister for that full reply to a complex question. I shall read what...
Baroness Byford | 676 c46-8 (Link to this contribution)
moved Amendment No. 15:"Page 8, line 28, at end insert—"
““(3A) In considering any application u...
Lord Bach | 676 c46 (Link to this contribution)
moved Amendments Nos. 12 to 14:"Page 8, line 17, leave out from first ““of”” to ““have”” in line 18 ...
Lord Bach | 676 c51-2 (Link to this contribution)
moved Amendment No. 16:"Page 8, line 29, leave out subsection (4) and insert—"
(4) In determinin...
Baroness Byford | 676 c51 (Link to this contribution)
My Lords, I am grateful to the Minister because it seems to me that two different departments will c...
Lord Greaves | 676 c52-3 (Link to this contribution)
moved Amendment No. 20:"Page 9, line 12, at end insert—"
““(e) the extent to which the replaceme...
Lord Bach | 676 c52 (Link to this contribution)
moved Amendment No. 19:"Page 8, line 31, at end insert—"
““(7) The owner of any land may apply t...
Duke of Montrose | 676 c38-9 (Link to this contribution)
moved Amendment No. 11:"Page 8, line 15, at end insert—"
““( ) An application under this secti...
Lord Greaves | 676 c38 (Link to this contribution)
had given notice of his intention to move, as an amendment to Amendment No. 7, Amendment No. 9:
Lin...
Earl Peel | 676 c38 (Link to this contribution)
My Lords, I am extremely grateful to the Minister. I shall beg leave to withdraw the amendment.
Ame...
Lord Bach | 676 c38 (Link to this contribution)
Yes, my Lords, I can give the noble Earl that assurance.
Earl Peel | 676 c37-8 (Link to this contribution)
My Lords, I shall move it, as I did last time. Perhaps I could finish. I do not want to prolong the ...
Duke of Montrose | 676 c46 (Link to this contribution)
My Lords, I thank Minister for being so detailed. We weigh all his words with great care, because th...
Lord Bach | 676 c45-6 (Link to this contribution)
My Lords, I am grateful for what the noble Lord has said. I know the noble Duke, the Duke of Montros...
Lord Greaves | 676 c43-5 (Link to this contribution)
My Lords, I thank the Minister for that long explanation on important issues that took up quite a lo...
Lord Bach | 676 c39-43 (Link to this contribution)
My Lords, perhaps I may speak early in this particular debate for exactly that reason. Amendment No....
Lord Greaves | 676 c39 (Link to this contribution)
My Lords, I have an amendment in this group which is an amendment to a government amendment and I wo...
Baroness Byford | 676 c11 (Link to this contribution)
My Lords, I thank the noble Lord, Lord Livsey, for moving the amendment. We had a good debate about ...
Lord Bach | 676 c11-4 (Link to this contribution)
My Lords, before I respond to the amendment of the noble Lord, Lord Livsey, I point out that the Gov...
Lord Livsey of Talgarth | 676 c9-11 (Link to this contribution)
moved Amendment No. 1:"After Clause 4, insert the following new clause—"
““COMMONS INSPECTORS
(1) ...
Baroness Byford | 676 c23 (Link to this contribution)
This is an interesting group of amendments and, like my noble friend Lord Jopling, I have great symp...
Lord Jopling | 676 c23 (Link to this contribution)
My Lords, it is High Yewdale.
Earl of Caithness | 676 c22 (Link to this contribution)
My Lords, I support the noble Lord, Lord Livsey, on Amendment No. 4. I made clear in Committee that ...
Lord Jopling | 676 c22-3 (Link to this contribution)
My Lords, I spoke on this issue in Committee. Like my noble friend Lord Caithness, I have great symp...
Lord Greaves | 676 c19-21 (Link to this contribution)
My Lords, I have an amendment in this group. Before I speak to it I should like to thank the Governm...
Baroness Miller of Chilthorne Domer | 676 c21-2 (Link to this contribution)
My Lords, Amendment No. 10, which is tabled in my name and that of my noble friend Lord Livsey, is a...
Earl of Caithness | 676 c17 (Link to this contribution)
My Lords, perhaps I may seek clarification at this stage. My noble friend Lord Peel has just spoken ...
Lord Bach | 676 c17-9 (Link to this contribution)
My Lords, I am grateful as that situation will arise with one or two other groups with which we will...
Lord Brabazon of Tara | 676 c17 (Link to this contribution)
My Lords, I should point out that if this amendment is agreed to, I shall not be able to call Amendm...
Earl Peel | 676 c17 (Link to this contribution)
My Lords, I see that my Amendment No. 8 has been grouped with this one, so perhaps I may speak to it...
Lord Livsey of Talgarth | 676 c16-7 (Link to this contribution)
moved Amendment No. 4:"Page 5, line 13, leave out paragraphs (a) and (b)."
The noble Lord said: My ...
Lord Williams of Elvel | 676 c15 (Link to this contribution)
My Lords, will the noble Lord reflect on the procedures on Report? My noble friend said that he will...
Lord Livsey of Talgarth | 676 c15 (Link to this contribution)
My Lords, I note what the noble Lord says, but I do not think that it does any harm to re-emphasise ...
Baroness Farrington of Ribbleton | 676 c15-6 (Link to this contribution)
moved Amendment No. 2:"Page 3, line 13, at end insert—"
““( ) A right of common cannot at any ...
Baroness Farrington of Ribbleton | 676 c16 (Link to this contribution)
moved Amendment No. 3:"Page 3, line 15, leave out ““or come into being”” and insert ““in any other w...
Countess of Mar | 676 c14 (Link to this contribution)
My Lords, I am sorry to interrupt the noble Lord, but this is Report and before he sits down, I woul...
Lord Jopling | 676 c14-5 (Link to this contribution)
My Lords, I apologise. As I have felt so cross about what has happened since 1965, I was perhaps rat...
Lord Bach | 676 c15 (Link to this contribution)
My Lords, the noble Lord has had a long time to get cross, 40 years on. Of course we will think abou...
Lord Livsey of Talgarth | 676 c15 (Link to this contribution)
My Lords, I thank the noble Baroness, Lady Byford, very much for her support, and the noble Lord, Lo...
Lord Jopling | 676 c14 (Link to this contribution)
My Lords, I am afraid to say that a shudder went through my mind when I heard the noble Lord, Lord B...
Lord Bach | 676 c14 (Link to this contribution)
My Lords, as I understand it, we will be consulting on this issue when the Bill becomes an Act of Pa...
Baroness Byford | 676 c14 (Link to this contribution)
My Lords, I think that I heard the noble Lord correctly when he said that the new directions are goi...
Duke of Montrose | 676 c59-60 (Link to this contribution)
My Lords, I am most grateful to the Minister for considering our suggestions in Grand Committee, for...
Lord Greaves | 676 c67 (Link to this contribution)
My Lords, I am very grateful to the Minister for putting the matter on the record. On that basis, I ...
Baroness Miller of Chilthorne Domer | 676 c75 (Link to this contribution)
My Lords, I wish to return briefly to a subject that I raised in Committee. I was not happy with the...
Lord Greaves | 676 c62 (Link to this contribution)
My Lords, I do not suppose that I am only the person to have had a briefing from the RSPB about the ...
Lord Bach | 676 c66 (Link to this contribution)
My Lords, it may be appropriate for me to write to the noble Baroness on that point.
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