Commons Bill [HL]

It might be useful if I raise one or two points which I was going to raise under the clause stand part debate. They are all part of the same debate. I have a great deal of sympathy for what the noble Lord, Lord Greaves, is proposing on unclaimed land and for the idea that where there is doubtful ownership as opposed to unclaimed land the local authority can intervene. Again, I would like responsibility for these commons of doubtful ownership and unclaimed land to be vested in the local authority. This is a very vague area and I hope that my noble friend will be able to reassure me more than she has to date on the question of vesting it in the local authority. The second matter relates to a point made by the noble Baroness, Lady Byford. In the Bill as drafted, at Clause 43(2), the local authority is entitled to do all kinds of things which the commons association apparently is not entitled to do. In other words, on unclaimed land the local authority can institute proceedings against any person for any offence committed in respect of the land. We have heard from my noble friend Lord Bach that the commons associations are not law enforcers. However, it would appear that the local authority can be a law enforcer on unclaimed land but not apparently on land that is already owned. I am not sure where we stand on that and I hope that my noble friend can give me some guidance.