Commons Bill [HL]

moved Amendment No. 7:"After Clause 4, insert the following new clause—"    ““COMMONS COMMISSIONERS AND ASSESSORS (1)   The Lord Chancellor shall— (a)   appoint to be Commons Commissioners such persons who have a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41) (qualifications for judicial and certain other appointments), as he may determine; and (b)   draw up and from time to time revise a panel of assessors to assist the Commons Commissioners in dealing with cases calling for special knowledge; and shall appoint one of the Commissioners to be Chief Commons Commissioner for England and one of the Commissioners to be Chief Commons Commissioner for Wales. (2)   A Commons Commissioner shall vacate his office on the day on which he attains the age of seventy years; but this subsection is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (c. 8) (power of Lord Chancellor to authorise continuance in office up to the age of seventy five years). (3)   Any matter referred under this Act to a Commons Commissioner shall be dealt with by such one of the Commissioners as the Chief Commons Commissioner may determine, and that Commissioner may sit with an assessor selected by the Chief Commons Commissioner from the panel appointed under this section. (4)   If at any time a Chief Commons Commissioner is for any reason unable to act, the Lord Chancellor may appoint another Commons Commissioner to act in his stead. (5)   A Commons Commissioner may order any party to any proceedings before him to pay to any other party to the proceedings any costs incurred by that party in respect of the proceedings; and any costs so awarded shall be taxed in the county court according to such of the scales prescribed by county court rules for proceedings in the county court as may be directed by the order, but subject to any modifications specified in the direction, or, if the order gives no direction, by the county court, and shall be recoverable in like manner as costs awarded in the county court. (6)   The Minister shall pay to the Commons Commissioners and assessors appointed under this section such fees and such travelling and other allowances as the Minister may, with the approval of the Treasury, determine, and shall provide the Commons Commissioners with such services and facilities as appear to him required for the discharge of their functions. (7)   Any person aggrieved by the decision of a Commons Commissioner as being erroneous in point of law may, within such time as may be limited by rules of court, require the Commissioner to state a case for the decision of the High Court.”” The noble Lord said: We regard this as a very important amendment. Obviously, it stems from the Commons Registration Act 1965. We need to probe the Minister on how arbitration is to occur, particularly in legal disputes about common rights. The new clause would reintroduce, word for word, the provisions of the 1965 Act establishing commons commissioners and assessors. The only addition is that in this case there would be a chief commissioner for Wales as well as one for England. The Bill makes no mention of commons commissioners. On examination, it appears that the 1965 Act is repealed in its entirety. Part 1 of Schedule 5 provides that the schedule relating to commons commissioners in the Parliamentary Commissioner Act 1967 and the entire Commons Registration Act 1965 Act are repealed. As a result, we would no longer have commons commissioners. It is essential that a commons commissioner be appointed to arbitrate on legal matters involving disputes concerning common land. Legal expertise is required to settle differences of opinion and disputes without going to the High Court. Without a commissioner or a similar figure, many cases would end up in the courts, resulting in high costs to those involved and long delays in settlements, whereas at present the commons commissioner is in a position to arbitrate. My colleagues and I wish to know how the current commons commissioner, who will continue to carry out his functions until the legislation is repealed, be replaced, and how that will work. That is the main reason for our amendment. I beg to move.