Commons Bill [Lords]

They are important issues. Generally speaking, we would expect the associations to be elected so that they represent the interests of the groups for which they speak. We do not want to be too prescriptive at this stage, because different circumstances apply in different parts of the country, and the make-up of the associations may also need to be different. However, we want the systems to be democratic, open and transparent, and I know that my hon. Friend will lead on such details in Committee. The Bill also deals with controls over works and fencing on common land. For 80 years, we have had a consent regime under the Law of Property Act 1925. It was recognised even then that commons required special protection to keep them open, unspoilt and accessible. That approach remains as relevant and necessary as ever—perhaps more so in this modern world. But the fact that commons are unique and warrant that extra protection does not mean that the system is perfect. We have listened extensively to those who have said that the consent regime is at times unnecessarily slow and bureaucratic. The controls must be proportionate to the impact of proposed works. The Bill will enable us to modernise and streamline the system so that it is truly fit for purpose in the 21st century. Students of section 194 of the 1925 Act will find much in part 3 of the Bill familiar. But in consolidating the existing controls into the Bill, we have done our best to iron out inconsistencies and provide clarity. We also aim to resolve situations in which works that might make sense on a common were completely prohibited by the existing management rules on certain commons. There was considerable debate in the other place about whether minor works should be excluded from the consent regime. The reality is that enforcement against works with no material effect on access is extremely unlikely. But we have taken powers in the Bill to prescribe works that ought to be exempted from the consenting regime, and we will consult on the use of this power. There were also strong views in the other place about who may take enforcement action against unlawful works on commons. The Bill will allow any person to ask the court to enforce against future unlawful works on commons. This is our response to arguments that those currently entitled to seek court action often fail to do so. Part 3 of the Bill also re-enacts existing powers for local authorities to protect common land with no known owner. We shall also bring forward some minor amendments in Standing Committee to ensure that local authorities’ existing powers to make management schemes for unclaimed common land remain relevant and up to date.