Commons Bill [HL]

On the question of who defines ““locality””, the Committee will not be surprised to hear that there is case law on the issue. The term relates to recognised administrative units, such as a parish. The term ““neighbourhood”” is intended to distinguish the position where there is no recognised locality—in other words, in an urban area. ““Neighbourhood”” may be a better description than a locality. The issue of whether the actual use that has taken place is sufficient to create a green is a question of fact and degree. The more substantial the use, the more likely the claim is to succeed. That takes us to the blackberry issue and the graphic example that the noble Earl, Lord Caithness, gave us about taking blackberries from the land of the noble Earl, Lord Peel. Sports and pastimes mean more than just blackberry picking. They mean a combination of activities, to which I referred earlier, that must be undertaken openly and without secrecy. The noble Earl, Lord Caithness, would have to do it during daylight—I am sure that he does—so that the landowner, the noble Earl, Lord Peel, is well aware of what is going on or, if he is not, he should be.