UK Parliament / Open data

Commons Bill [Lords]

Proceeding contribution from James Paice (Conservative) in the House of Commons on Thursday, 29 June 2006. It occurred during Debate on bills on Commons Bill (HL).
I welcome the Government amendments that deal with the issue of the National Trust. Again, we referred to that matter in Committee, where I tabled those amendments. In Committee, the Minister said that the amendments were not necessary, so I am glad that this Minister has acceded to them. Ministers often say, ““It is necessary to include such and such provision, because it is implicit somewhere else””, which usually leads Opposition Members to argue, ““If it is not going to do any harm, why don’t you put it in the Bill for clarity?”” Ministers usually resist such moves, but this Minister has not done so on this occasion, which is welcome. Amendment No. 114 concerns works on commons, which we debated at some length in Committee and about which the Minister and I have had further discussions. I suspect that the Minister will argue that clause 38 is similar to existing legislation, so there is not a problem. However, I suggest that we should take this opportunity to make sure that there is not a problem in the future. There are obviously far more users of commons than there used to be, including not only graziers, but pedestrians and dog walkers. The amendment is straightforward. It is designed to eliminate the problem of people, organisations and commons councils having to apply to the national authority for permission to do temporary or urgent works. The three purposes for which it would be possible to carry out such works are human safety, animal welfare and conservation. However, those purposes would not be sufficient in themselves, because the second part of the amendment adds two further provisos—first, that the works must be urgent, and, secondly, that they must be temporary. We debated temporary works in Committee. The hon. Member for Sherwood (Paddy Tipping) will recall that we discussed electric fencing to keep livestock off roads during the grazing season, and there was some debate about how long is ““temporary””. I have not tried to specify the period of time and suggest that the matter could be dealt with by regulation, which would allow the Minister to consult before drawing a conclusion. The circumstances in which I envisage the issue of urgency arising involve, for example, floodwater rendering part of a common dangerous for children. There are town commons in my constituency where people roam, and much of my constituency is fenland, which, because it is close to sea level, is prone to flooding. It might be sensible to erect emergency fencing, even if it is that dreadful orange plastic stuff that is used around roadworks, to keep children out of deep water. Other commons may have old pit shafts where ground could suddenly collapse as a result of torrential rain, again creating a need for emergency safety provisions for children and livestock. It is by no means unknown for sheep to fall down into such places. In terms of conservation, there may be a wild plant that is flowering and should be protected until it has set its seed, or a wild bird such as a hen harrier or other bird of prey that is nesting on the ground and needs to be protected for a short period. I find it incredible that in all the examples that I have cited it should be necessary to apply to the national authority—in England, the Secretary of State—for permission to act. I would be very surprised if someone was able to get that permission in a matter of hours, yet a situation involving floodwater or the collapse of old mine workings is certainly an emergency, and there should be an ability to erect something very quickly. I cannot pretend that I am standing here in huge anticipation that the Minister will welcome and accept my amendment with open arms, but it concerns a genuine issue. I have bent over backwards in devising it to make it as minimal as possible in addressing the concerns that his predecessor expressed in Committee. It is limited to specific examples but would reduce the need for councils or landowners to seek consent from the national authority without good cause. It defies belief that a council should have to go through this procedure in an emergency, thereby creating a period of risk for perhaps several weeks while the relevant authorities carry out all the necessary deliberations and consultations before a decision is reached. I am not trying to circumvent the need to apply for consent, but merely to allow for a temporary arrangement in an emergency while it is being sought. This requires a sense of proportion and common sense. The Government rightly and understandably want to protect the rights of commons users other than graziers, such as walkers and people using the open access provisions, but I am trying to protect them as well. They could be at risk from some of the situations that I described, and it should be possible to protect them as soon as that is necessary. The same applies to the conservation of flora or fauna. There is no need for me to speak at any greater length. I think that the case is clear, and I hope that I have made it so. I tried to devise an amendment that the Minister would find acceptable and that is relatively minimal while addressing the fundamental problem. It has received support from outside organisations such as the National Farmers Union. I hope that the Minister will understand its importance and be prepared to accept it.
Type
Proceeding contribution
Reference
448 c455-6 
Session
2005-06
Chamber / Committee
House of Commons chamber
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