Commons Bill [Lords]

I am delighted to be called to speak in the debate. It is always unfortunate to be called late, when so many of the points that I was hoping to make have been made by other hon. Members, but that is a reflection of the consensus that exists. There is a consensus that the Bill is to be welcomed, but that some issues need to be addressed in Committee, and I am sure that that will happen. It was a pleasure to listen to the hon. Member for Bridgend (Mrs. Moon). I think I have told her in the past that my mother is from the neighbouring constituency of Ogmore, so it is good to hear so much work going on in that part of south Wales to preserve the natural environment. Given the name of the Bill, which will appear on the Annunciator screens around the Palace of Westminster—the Commons Bill—I wondered whether we might have had more interest from hon. Members who might have thought that their livelihoods were at stake. That did not prove to be the case, but it is important that we discuss the Bill because many people’s livelihoods are at stake. As hon. Members pointed out, it is 40 years since the legislation on common land was last debated, so we must get it right, as it may be a long time before the issues are debated again. I hope that hon. Members’ comments, and those that I shall make, will be taken on board by the Minister in Committee. My constituency includes many areas of common land, including 7,000 hectares on Bodmin moor. Most of the moor therefore consists of common land, which accounts for most of the common land in Cornwall. There are many sites of archaeological significance on Bodmin moor, so land management must take account of such sites as well as the natural environment and the implications for biodiversity. Archaeologists have already raised the problems that under-grazing will cause in the management of those sites. There are ponies on Bodmin moor, as there are on other moorlands in the south-west, which adds another dimension to the management of grazing. Many such areas are already covered by countryside stewardship schemes, and it is important to point out that commoners’ associations and groups work closely with existing agencies to ensure good stewardship of the environment. However, they are eager to undertake further work once the Bill is enacted. The common land on Bodmin moor makes a substantial contribution to agriculture and to the wider economy, and it plays a significant part in the life of rural communities on the moor, just as it does in other communities, including those in the constituency of the hon. Member for Meirionnydd Nant Conwy (Mr. Llwyd). Biodiversity is an important issue, given the historic patterns of land use, and sustainable management is of interest to a wide variety of users of common land. Management involves private owners and, on Bodmin moor, people with grazing rights, as well as groups who are concerned to meet the challenge of preserving and enhancing the environment in an area as vital as Bodmin moor. The Government have taken a positive approach, and I welcome the Bill’s presumption against the severance of common rights from land when it is sold. As hon. Members have said, common rights ought to be exercised by local people who, it is to be hoped, will be encouraged to take an interest in the management of common lands. Like many hon. Members, however, I have some concerns, as there are omissions in the Bill and other problems that I hope will be addressed in Committee. I am concerned that local authorities have been given increasing responsibilities to make decisions about common land, which will add to the burden on local taxpayers. I welcome the fact that the Department has allocated money for the transition period to assist with new ways of working, but it remains to be seen whether that is sufficient for local authorities to be able to deliver their new responsibilities, including responsibilities in disputes about the keeping of records on rights, as the hon. Member for Meirionnydd Nant Conwy said. Some cases may take a long time to resolve, and will involve a great deal of work. The commons commissioners operate a system that has been criticised—no doubt, it has been frustrating for people who have had to resort to the commissioners to try to resolve problems—but which is none the less trusted and well used. If the commissioners are abolished by the Bill, there is no alternative other than the courts, which is worrying for people involved in land management. The Bill creates new opportunities for statutory commons associations to take greater responsibility and to access resources to improve and maintain the land. However, many groups are not ready to become statutory associations. That is the biggest problem with the Bill, as much of the land is managed by smaller associations—indeed, there are some areas where there are no associations at all. Statutory associations will allow us to make progress, but it would be a shame if other areas were left behind, so I hope that amendments are tabled to encourage voluntary associations to work more effectively. We should look at ways in which they can be supported as a whole, so that they, too, can take advantage of the powers that will be given to the new statutory commons associations. I welcome the powers that will be given to local authorities to resolve problems with unclaimed land, including cases in which land is used in a way to which the local community objects. Such cases cannot be resolved while the ownership of the land is unclear, so I welcome the opportunities for local authorities to step in and play a role in resolving those issues. Commoners in the Bodmin moor area look forward to the opportunities that will be extended to them following the introduction of the Bill, but they are concerned about the repeal of the Commons Registration Act 1965, as they do not want an open season on rights. If Natural England and the Countryside Council for Wales acquire commons rights, grazing in some areas may be reduced, so people wish to work with archaeologists and other groups to ensure that the correct level of grazing is secured and common land is maintained in the best possible way. There should be more explanation of the way in which new commons associations will be supported, and how they will be encouraged to fund their activities. Again, in many cases, volunteers are involved, and I would hate to think that opportunities will not be taken up because there is no support for them. I am pleased that we are considering the issues that affect common land. The Bill has been a long time coming, and many people will be watching its speedy progress in Committee. I have some concerns, as I have outlined, but I am glad that hon. Members will seek to make a contribution in Committee. I hope that the Minister has taken our concerns on board, and I look forward to the Bill’s progress in Committee.