Commons Bill [HL]

moved Amendment No. 189:"Page 18, line 29, after ““authority”” insert ““after public advertisement and consideration of any representations””" The noble Lord said: We now move on to an exciting part of the Bill entitled ““Commons associations: supplementary””. That is the kind of heading that can have everyone dancing in the aisles. However, Clause 34 is both important and far reaching. It proposes that:"““The appropriate national authority may by order make any provision specified in subsection (2) if it appears . . . desirable to do so””," in relation to powers conferred on commons associations, as well as,"““authority in relation to any land””." The provisions referred to include varying or abolishing the jurisdiction in relation to certain ancient courts, which may not be very far reaching but may affect certain localities. They may,"““vary or revoke any regulations or arrangements made under the Commons Act 1908  . . . vary or revoke any scheme made under the Commons Act 1899  . . . or any arrangement arising under such a scheme . . . vary or revoke any Act made under the Commons Act 1876 [in relation to the enclosure commissioners] . . . vary or revoke any local Act, or any scheme or arrangement under such an Act, which relates to the management or maintenance of, or the exercise of rights over common . . . land””." The next subsection makes it clear that this does not refer to rights of access, but the final subsection, to which the noble Baroness, Lady Byford, and the noble Duke, the Duke of Montrose, have tabled an amendment to delete, appears to be very far reaching:"““The power under subsection (1) includes power to amend or repeal an enactment””." In the next group there is a stand-part debate—I think that it has been de-grouped. In a sense, I am anticipating that discussion because a lot of questions arise about what the clause means and how far-reaching it is. Even if it affects only local Acts, ancient courts and the local application of other old commons Acts, it could have quite far-reaching consequences for particular people in particular places, particular commons and particular localities. We need to probe the issue thoroughly. My amendment is more modest. Because the appropriate national authority making these changes by order could have quite far-reaching consequences for some people and places, that should not be done until,"““after public advertisement and consideration of any representations””" that are made as a result. This is a probing amendment. Can the Minister assure me that this will be done under some other provisions or by some other means so that we do not need to include this in the Bill? In the mean time, it appears that we need it on the face of the Bill to make sure that this happens. I beg to move.