Commons Bill [HL]

There are still examples of over-grazing, which is why Natural England, or English Nature as it now is, has intervened. Natural England does not use the rights itself, but could use them in the future if it wished to. I need to answer the question asked earlier about whether there is a kind of preference, first for a commons association, and secondly for English Nature. I must be frank with the Committee: the government amendment enables commons associations or Natural England or, indeed, the owner—the noble Earl asked me about that—to acquire rights. There is no system of preference. The selling rights by severance are a matter of private contract, as they are bound to be. So, the answer is that there is no particular preference.