Commons Bill [HL]

I am grateful to the Minister for taking a robust attitude towards these amendments. My fear is perhaps the opposite of that of the noble Earl, Lord Peel, because the balance to which he referred could become an imbalance if these amendments were carried. They would effectively emasculate the role of the commons associations. I admit that I do not have great experience of the situation throughout the whole country, but the commons associations of which I am aware—Cornwall and south-west England—would feel betrayed if they did not have these powers in place on the face of the Bill. They would feel it was driving a cart and horse, if that is the right expression—or perhaps a 4x4—through the whole purpose of the Bill if the commons associations were not given these responsibilities. As the Minister said, it is not compulsory for all associations to have these explicit powers, but to have them removed in the way suggested by the amendments would be extremely unfortunate. As the noble Earl said, the majority of commons associations will seek agri-environmental schemes. That was certainly the case with the Bodmin Moor commoners when I, with colleagues in the other place, sought to bring forward a Bill to ensure that we had orderly management of the commons on Bodmin Moor. It is certainly the case with commoners within a national park area, and I have already referred in Committee to Dartmoor. Given that there will be very careful monitoring—““policing””, perhaps, is the right word—by the appropriate national bodies to ensure that an excessive power is not being used, that is the best safeguard we can expect. My fear is that if we were to give too little influence, responsibility and power to the new associations we would be back where we started, with minority users—or even individual rogue users—effectively cocking a snook at the new associations as a worthless new invention without any influence or power to ensure that the commons are being managed in the interests of all. I hope the Minister’s explanation and robust defence will satisfy the noble Baroness, Lady Byford, that this is not an unnecessary power but one which will be treated flexibly. I very much hope the amendments will not be pursued, either now or in the future.