Commons Bill [Lords]

The hon. Gentleman is absolutely right. In the management of thousands of acres of common, hazards are posed daily to the farmer, to his animals and to walkers every day. Anyone who walks on the Cumbrian commons will find little pockets in which fencing has been put up around hazardous areas. That is the way in which the land is managed, and, with the best will in the world, those who manage it are not going to apply for notification from the Minister. We do not want whole swathes of common to be fenced off. We do not want to hear the excuse ““The whole common is boggy: we had better fence off 1,000 acres in case someone gets stuck in it.”” Of course that will not wash. But we do need a de minimis requirement. We cannot invent the details—as Opposition Members, we do not have access to all the lawyers—but I think the Minister should draw up regulations that would permit fencing for human safety purposes, animal welfare purposes and conservation purposes. If there is a fire on the heather, it will need reseeding, and a farmer will fence off a few hundred yards for the spring, until the grass grows in the summer. That keeps the sheep off the area and gives it a chance to recover. Those are all day-to-day management practices, and they will continue whatever we say here. I just do not want those simple everyday tasks to be a crime or illegal, because farmers will not apply for licences to do what has been done for hundreds of years. We do not want to drive a coach and horses through the Bill, and the amendment would not do that. It tries to set a minimum standard, and would allow small works for a short time for certain defined purposes. I am sorry that the Government have not tabled an amendment on this point, and I hope that there is scope in the Bill somewhere for de minimis regulations to set a threshold so that farmers can carry out such tasks without having to apply for permission or a licence to do so. Otherwise, the Minister will be a very busy man.