Commons Bill [HL]

Amendment No. 35 would remove the power of the Secretary of State or in Wales, the National Assembly, to make regulations enabling the letting or licensing of rights of common. It is a probing amendment. Amendment No. 36 would remove the powers for a statutory commons association to regulate the local letting and licensing of rights of common. Again, I take it that is a probing amendment to find out how the land lies. In providing for a general prohibition on the severance of rights of common, we recognise that, in some areas and some localities, the letting of rights is well established, even traditional. Clause 9(5) provides for regulations to enable the letting of rights in circumstances prescribed in the regulations, provided that those rights are, apart from this Bill, capable of being severed from the land to which they are attached. As the noble Viscount was good enough to say, Defra has already published draft interim regulations—they are on the website and, if it would assist, I shall ensure that every Member of the Committee receives a copy. We intend to make these regulations immediately following Royal Assent. They would enable any person entitled to rights of common to let those rights for up to two years. I should stress that the two-year maximum letting period is intended to be a short-term, interim provision. I hope that is some comfort to the noble Viscount. Following Royal Assent, Defra also intends to consult on provisions to be contained in regulations, which will have longer-term effect, and these regulations would in due course replace the interim regulations. Far from extending the term of lets permitted under regulations, the replacement regulations may remove the two-year general exemption. However, in consulting on the replacement regulations, we will seek views on whether more specific exemptions should be included; for example, lets of rights to other commoners having rights over the same common, or a general exemption for letting in relation to a designated common where letting is a well established tradition. The purpose of the interim regulations published in draft is therefore to enable short-term decisions to be taken by right-holders and others, pending the introduction of more permanent arrangements after consultation. We see the regulation-making power in subsection (5) as necessary to enable us to respond to local circumstances taking account of all interests in the effective management of common land. The removal of that power under Amendment No. 35 would impose the same uniform prohibition on the letting of rights throughout England and Wales. Nevertheless, where a statutory commons associations is established under Part 2 of this Bill, subsection (5)(b) may enable the association to put in place its own rules for the letting of rights, and those rules will take precedence over any national regulations. Clause 9 does not affect the letting or leasing of rights already severed and held in gross. Therefore, I say to the noble Viscount that Natural England could lease rights acquired by it without restriction. Turning to Amendment No. 36, we believe that Clause 9(5)(b) enables a commons association to develop a management regime for its commons which is responsive to local needs. Amendment No. 36 would mean that letting and licensing of rights could be undertaken only where permitted by, and in a manner prescribed by, the Secretary of State or National Assembly. Our view is that, where a commons association exists, it is sensible to give that association appropriate powers to manage such activities, rather than to impose measures on it from the centre. Subsection (7) provides that local rules override national regulations. There is no question of prosecution under Clause 9. It is a matter of civil rights not criminal wrongs. Clause 33(2) provides that an establishment order may specify the procedure that a commons association must follow in making rules. We intend to require consultation and, if an association has an extensive rule-making power, rules to be approved by the Secretary of State. That will safeguard against commons associations making unreasonable rules about severance in particular.