Commons Bill [Lords]

First, I would like to address the remarks from the hon. Member for Hexham (Mr. Atkinson), who raised the issue of voluntary associations. The Bill has no effect on existing voluntary associations. Where such a body is working well, there is no need for any change. However, where a commons council is established on a single common or a small number of commons, we would expect that the council might replace any existing voluntary association. That would be a decision for those running the voluntary association and not one that would be taken by the national authority. Where a larger commons council is established—for example, covering several commons in an area—it is entirely possible that voluntary associations might continue to exist and to have a role in the day-to-day work on an individual common. Rules about management would be made by the statutory body and the voluntary association would have to abide by those rules in carrying out its operations. Dartmoor is a good example. Voluntary commoners associations exist on many of the commons, but management of the commons is governed by rules made by the Dartmoor commoners council. I envisage that as the sort of relationship that could and should develop. The wider questions were about trying to give a feel to how one would arrive at the judgments and the relative weight that would be given to the active and inactive commoners. Primarily, I am here as Minister for biodiversity. The Bill is about land management and the improvement of our common lands. When considering whether to establish a commons council, the national authority will consider the local circumstances. Where there are numerous inactive commoners, with no interest in the common, the national authority will pay greater regard to any active commoners. Similarly, the inactive commoners would be given few—or fewer—voting rights, compared with the active commoners. We need to retain the flexibility to respond to local circumstances. On an agriculturally active common, it would not make sense for inactive commoners to be given an equal say in whether a council should be established, or equal voting rights if one were. However, where there is no agricultural activity on a common, it may be right for inactive commoners to have a stronger representation. The amendment will retain that flexibility, which I believe is inevitable and right, but will ensure that, where they exist, active commoners will have a greater role and that the national authority will be able to look to the essential purpose—