Commons Bill [Lords]

I beg to move, That the clause be read a Second time. It is within the law that an owner of livestock is responsible for that livestock and any damage that that livestock causes. However, there has been a practice—certainly in the areas that I represent—that people who occupy land that is adjacent to and surrounding commons should be responsible for erecting a stock-proof fence and maintaining it in such a condition as to prevent stock leaving the common and gaining access to the land that those people occupy. There is some case law to support that, including a case involving a lady who had a cottage and garden that adjoined a common. Stock entered the garden from the common, causing some damage, but it was found that the owner of the livestock was not responsible for the damage because the lady should have erected a stock-proof fence and maintained it in good enough condition. I think that the hon. Member for Meirionnydd Nant Conwy (Mr. Llwyd) will raise another case. We have particular concerns about the situation that arises when forestry land abuts a common. The owner of a forestry might think it prudent to maintain a fence during the time that the forest and trees are becoming established, but when the trees reach a size at which they should not be damaged by livestock, he or she might allow the fence to become derelict. That would obviously put the owners of livestock on the common at a huge disadvantage because the livestock could stray over a great area. We believe that there have been examples of the owner of a forestry selling it on without putting a duty on the future owner to maintain the fence. The situation is causing great aggravation. The situation does not affect only forestry land. Quite properly, and with appropriate planning permission, industrial land sometimes adjoins a common. The fact that livestock can enter industrial premises and go on to industrial land, where lorries might be moving, is obviously unsatisfactory. Many people believe that it is a legal duty to fence against a common. We have tabled the new clause to find out the Minister’s attitude to the situation and determine whether anything in the Bill could clarify the situation and ensure that people can use and graze commons quite properly with the guarantee that their livestock would not cause damage, or be damaged, by straying.