Commons Bill [HL]

I shall speak first to Amendment No. 236. The power in this clause is intended as a power of last resort to deal with intractable problems that cannot be solved by other means. The focus of the power is on unauthorised agricultural activities that are having a damaging effect on the common. We do not propose to widen the power beyond unauthorised agricultural activities as this would overlap with existing powers provided in other legislation that can deal with a wide range of problems found on commons. We are therefore not able to favour Amendment No. 236. We will, however, consider the issues raised by Amendments Nos. 236A, 237 and 237B tabled by the noble Lords, Lord Greaves and Lord Rotherwick, and spoken to in support by the noble Baroness, Lady Byford. All four amendments in this grouping have caused us to reconsider the scope of the clause. We will look again at the criteria for applying the powers in subsections (1) and (2) and come back with amendments on Report. In the light of this, I hope that they will not wish to press their amendments.