Commons Bill [HL]

As the noble Lord, Lord Livsey, said, Amendment No. 132 would enable an existing commoners association, which has been set up on a voluntary non-statutory basis, to apply to the appropriate national authority to become a statutory commons association under Part 2. Existing commoners associations set up on a purely voluntary basis are often in the fortunate position of already having agreed local arrangements. Having this in place will obviously help in their transformation into statutory commons associations, if that is what they wish. We do not believe that that should be such an automatic process as the noble Lord’s amendment implies. Statutory commons associations may be given powers to make binding rules that will affect all those engaged in agricultural activity on a common. Breach of some of those rules may result in a criminal offence being committed. Therefore, as I am sure the noble Lord will agree, it is important the appropriate national authority is satisfied that there is substantial support among all key interests in a common before such an association with that degree of power is established. It must be set up as a statutory commons association on formal lines with a fair and balanced constitution and transparent procedures. That can best be achieved by going through a formal process of consultation on a draft establishment order. Nothing prevents a voluntary association requesting the appropriate national authority to start the statutory process. We would wish to encourage it. I am in total agreement with the noble Lord on that. Amendment No. 133 would enable an existing voluntary commoners association to adopt a model constitution by application to the commons registration authority. We are very happy, where existing commoners associations work well, to see those associations maintain their voluntary status. There is no obligation under the Bill for commoners associations to move up to statutory status—far from it. The amendment of the noble Lord, Lord Livsey, would enable a commoners association to apply to the commons registration authority for a model constitution. Adopting a template constitution may be a very good move in terms of creating more effective and democratically run procedures, but an association can do that now without reference to the local authority. I hope that reassures the noble Lord. As a voluntary body, a commoners association can organise itself on whichever model it wishes. Many associations have no doubt established themselves with the help of a local solicitor and so have developed their own constitution. We do not see a need for provision in the Bill along those lines. In fact we believe, and would want to see, that the Bill is not an appropriate mechanism or place because the organisation of voluntary bodies representing commoners is a matter for them. I think I can see the noble Lord agreeing with me, and I hope that he feels able to withdraw his amendment.