Commons Bill [HL]

moved Amendment No. 136:"Page 15, line 2, leave out ““authority must”” and insert ““authorities must agree and””" The noble Duke said: We move now to the question of the establishment of constitutions for these commons associations. The point of the amendment is simply that, paying all due homage to devolved powers, it does not seem to make sense that commons associations in England and Wales should be subject to different standard terms. These associations are run mainly by volunteers, and some may cover the boundary between England and Wales—I am not sufficiently familiar with the areas about which we are talking. It is important that nothing is done to diminish the volunteers’ enthusiasm for the task. We consider that requiring agreement between the two national authorities will tend to ensure that the practical considerations are given due weight. I shall speak also to Amendment No. 138 which is grouped with Amendment No. 136. The phrase ““subject as follows”” seems out of place here in the sense that one might have expected it to be followed by a list of sub-paragraphs rather than subsections. On first reading I felt that something had been left out of subsection (2). Of course, something has been left out; namely that the draft standard term should be published before the Bill moves on from this House. Given that a particular commons association may be subject to some variation of the standard terms, we should be able to see and comment on at least that standard. Otherwise commons associations may be subject to a set of rules that have not been scrutinised by a Parliament and are themselves amendments of rules that have also not been discussed either here or in another place. I notice too that there is a government amendment attached to this group, Amendment No. 249. This amendment is adding to the original order under Section 59 an order under Section 28(1) and under the new clause which the Minister wishes to insert after Clause 49, in Amendment No. 245. Clause 49 allows the Government to amend any Act to disapply provisions relating to land covered by Part 1 of the Bill. Clause 28(1) introduces standard terms to the constitution of a commons association. The new clause will allow the Government to amend or repeal any relevant part of a local or personal Act applying to common land. All three situations will now require the Government to lay a draft for approval before each House. I beg to move.