I am sure we all share in the joy of Mrs. Perry and Mr. Pumfrey. This will be a great weekend for them.
The right hon. Member for Penrith and The Border (David Maclean) has worked hard on this issue, and I fully support what he said. There would be a problem if we reopened, wholesale, previous bad registrations but I should like to detail one burning issue, a matter I raise not just now, having done so on Second Reading and, with others, in Committee.
Like the hon. Member for South-East Cambridgeshire (Mr. Paice), I support the Bill. There is much to commend it. But I think it misses one or two points.
One bad example of a situation that the Bill cannot rectify—the Minister will correct me if I am wrong on this—is the case of common land CL 79, relating to Melinbarhedyn, near Machynlleth in mid-Wales, an example given to me by the National Farmers Union of Wales. Because of the Countryside and Rights of Way Act 2000, the Countryside Council for Wales was responsible for mapping common land and open-access land. The CCW took the information held by Powys county council on the common land register. The mapping exercise, when completed, allowed the divisional office in Llandrindod Wells to overlay the common land maps on the integrated administration and control scheme—IACS—information that it held for subsidy purposes for farmland.
As a result, farmland that had been bought and sold as freehold land for hundreds of years is now showing up as registered common land. That land is enclosed and has been improved by the owners. Over the years, many farmers have received agricultural grants to improve it, grants that were not available for use on common land. The farmers concerned hold title deeds, of course, and official searches were carried out showing when ownership had changed. None referred to common land. They did refer to ““open sheepwalk”” and ““open sheepwalk, now fenced””.
In the 1960s, when the commons register was reviewed, it appears that the Ramblers Association registered the area as common land, and as no one objected the registration stood and remains on the register today. I understand that the Ramblers Association registered a lot of land in this way, and if the claim was challenged, the association withdrew the registration without opposition. I know that to be true because I was in practice when the Commons Registration Act 1965 was having its impact in mid, north and south Wales and in Shropshire. The question is why the landowners did not object to registration. The common-sense answer is that they had no reason to do so, because their title deeds gave them absolute, unfettered ownership without encumbrance.
In 1987, some landowners, by now aware of the registration, appealed to the commons commissioners to establish their ownership, and that was granted on 6 February 1987. It appears that they did not then apply—if they could have done so—to have the land removed from the commons land register. The farmers concerned have seen their financial assets devalued, and under the Countryside and Rights of Way Act 2000 the public now has full access to the land. In future, no doubt, boundary walls—dry-stone walls—will have to come down to allow as much access as is necessary.
The important point is that as agricultural subsidies move to hectarage payments, as we know they are, the loss of that farmland is affecting payments. The farmers have no rights registered in the land, so no headage is attributed and no payments are offset by the divisional office on the land. Yet the farmers ask why they should register rights for commons in the circumstances that I have described. The divisional office required sight of the deeds; it has been done and there has been no change.
I understand, incidentally, that Powys county council has used the term ““sheepwalk”” as an indicator of ““waste of the manor””, which it uses to determine common land. The farms concerned were all part of the same estate and had grazing on the same part of the sheepwalk, which was an open upland area. As I have already said, it was enclosed prior to the current ownership. One farm has more than 46 hectares. It follows from what I have said that the current arrangement is a great problem, conundrum and a matter of great concern to the relevant landowners. It appears that the land was incorrectly registered and unless there is an opportunity to deregister, the land itself will be undervalued and, more importantly, there will be a massive loss of subsidy in the future.
Four families are involved in this particular case: Mrs. Jones of Barhedyn, Mr. Morris of Ty Coch, Melinbarhedyn, Mr. Lewis of Cefnbarhedyn and Ms Jones of Rhiwgreafol. Hansard will no doubt enjoy that. I should not really say it, but I see that there is a Welsh speaker taking notation for Hansard, which, in the circumstances, is a jolly good thing! It is a serious matter, however. I have to say that both the Minister and his predecessor have been very helpful with the Bill. It was useful to serve in Committee because reasonable arguments were put on both sides, and I believe that people listened to them.
My one remaining grouse—if I may use the word in connection with moorland and uplands—is that the circumstances of this case are fairly prevalent. I am not saying that it goes on everywhere, but there are many other examples. The farmers are not in a position to go to the High Court; in these circumstances, it would not be the right avenue to follow. I am not sure, though, what possible avenue they have. In other circumstances, there is the option of going to the High Court for some form of rectification, but it is not appropriate in this case. I urge the Minister to reflect on whether anything in the Bill will assist these people, who are desperately worried—and understandably so. I am sure that in due course the Minister will provide his reasoned response to my plea.
Commons Bill [Lords]
Proceeding contribution from
Elfyn Llwyd
(Plaid Cymru)
in the House of Commons on Thursday, 29 June 2006.
It occurred during Debate on bills on Commons Bill (HL).
Type
Proceeding contribution
Reference
448 c440-2 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
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Timestamp
2024-04-22 00:27:53 +0100
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