Commons Bill [HL]

Amendments Nos. 19 and 21 affect the variation of rights of common. They say why, proposing that ““agricultural sustainability”” be included in the Bill, but I would be rather cautious of doing so. Although we may think we know what agricultural sustainability is now, it may not be the same in 10 or 15 years. Clause 7(4)(b) gives the opinion of the commons registration authority on the variation, and it must be refused if it would increase the burden on the land. The commons registration authority will need advice, and it will be interesting to hear from the Minister where it will come from. I shall go back a step. The registration of rights in 1965 maximised the number of rights registered because of headage payments—the payments received by farmers with sheep on the uplands. That often led to gross over-grazing. An amendment to that to reduce the amount of rights registered also should be considered. Clause 23, where the applications are made, states in subsection (3) that regulations under the section,"““may make provision as to the persons entitled to make the application””." Will the persons entitled include a commons association? In the good management of the commons, it may wish to make application for the reduction in the rights of common on that area, in order to overcome the problem of over-grazing.