Commons Bill [HL]

I do not often find myself in agreement with the noble Lord, Lord Williams, but on this occasion I do. It would be unwise to go down this route. Consultation in 2003 demonstrated that commons can vary in size and that the number of graziers can vary considerably. That was understood in what the noble Lord, Lord Tyler, said. For instance, in Cumbria there are 630 registered commons ranging in size from less than half an acre to well over 3,000 acres. There are more than 40 commons of more than 1,000 acres, and where commons adjoin the area is even larger. In order to get the best results, it is important to get people to work together and not to put them in competition. Those with few rights on one common in a particular area would be disadvantaged by this amendment. Local feelings and sensibilities can run high about these matters and the result would not be in the best interests of the community in general. The Bill creates an enabling power with a duty to publish the draft orders recognising the diversity of commons and their use and management. I believe that it would be wrong to put in the Bill such an instruction that constrains the national authority at the outset of the process. The Minister helpfully distributed two drafts of statutory instruments that the Secretary of State might make. The first is a draft standard constitution for a commons association, which would be suitable for one common or more. The second is an establishment order, which includes in it three commons working together. That demonstrates the right approach and shows the flexibility of the system proposed by the Government.