Commons Bill [HL]

The amendments make small changes to the illustrative lists of terms which can be included in the standard constitution or establishment order of a commons association. The standard constitution is, of course, a draft model constitution. Amendment No. 139 seeks to ensure that if a provision is included about the payment of allowances to members, such payment should come from money owned by the commons associations. Amendment No. 141 removes from Clause 29 the illustrative list of the type of provision that might be made in the standard constitution or an establishment order about the keeping and publication of an association’s accounts and reports. Clause 29 provides illustrative lists of the elements which might appear in either the standard constitution or an establishment order of an individual association. I was not sure whether the noble Duke was praising or condemning us for having put such detail into the clause; I look forward to hearing which he was doing—perhaps neither. The terms are general in nature, referring to broad categories rather than specific detail. For example, the current wording, which refers to payment of allowances to members, does not prevent the national authority specifying more detail to suit the circumstances of a particular association, or leaving out any provision for the payment of allowance altogether. The inclusion of terms about appointment of auditors and preparation and publication of accounts is helpful to illustrate what might go into the constitution of an association. I reiterate that the terms in subsection (5) are not requirements which must be included in the association’s constitution, but examples of what may be included. It would be perfectly proper to leave out such provision, if that were appropriate in the circumstances. For example, if a commons association were very small—we have heard Members of the Committee praise small ones today—it might not be reasonable to require the publication of an annual report. I shall move on to the noble Duke’s question. Nothing in the Bill requires or can require local authorities to contribute to the running costs of a commons association, unless perhaps they are in the business themselves of exercising rights of common. Of course local authorities may wish to contribute to the costs, particularly if the matter is important to the achievement of local objectives that they set. My noble friend Lord Williams asked what advice had been given by the bodies in Wales and in England to aspiring commons associations. Advice in England is for Natural England to facilitate the establishment of an association, and we anticipate that the body in Wales will do the same, but we cannot say for sure. The associations are likely to be formed where local interests see benefits so—as I think that I replied in an earlier debate—the normal rule will be that those who apply will pay.