Commons Bill [HL]

moved Amendment No. 236:"Page 23, line 33, leave out ““an agricultural”” and insert ““any””" The noble Lord said: I shall speak also to Amendment No. 237. This group also includes two amendments tabled by the noble Lord, Lord Rotherwick, who has noticed that the words ““sustainable agriculture”” survive in this part of the Bill when they have been removed everywhere else. I look forward to that discussion. Amendment No. 236 relates to our previous discussion on the difference between what happens when there are unauthorised agricultural activities under Clause 44 and when there is other unlawful activity under Clause 36. We have discussed that matter thoroughly. Some of us wish to consider it further and so I shall not pursue it at this stage. Amendment No. 237 is rather different. Clause 44 refers to the powers relating to unauthorised agricultural activities. However, subsection (1)(c) relates more to the effect of the activity rather than the activity itself. It refers to activity that is,"““detrimental to the protection and promotion of sustainable agriculture on the land””." My amendment would change it to read,"““the activity is detrimental to the protection and promotion of the management of the land””." There are two questions here. The noble Lord, Lord Rotherwick will raise the first question about whether ““sustainable agriculture”” is the appropriate phrase to have here. Secondly, it is clearly possible for there to be unauthorised agricultural activities which in themselves do not affect the protection and promotion of sustainable agriculture but may affect the overall management of the land—for example, they might affect access, disturb a SSSI or raise conservation amenity issues. So there may be a difference between the activity itself—which is clearly agricultural in this clause—and its effects. The purpose of the amendment is to draw attention to that and to suggest that paragraph (c) should be widened to include all consequences, not only agricultural consequences. I beg to move.