Commons Bill [Lords]

This group of amendments has certainly provoked much very interesting debate and raised important questions that we must grapple with. Amendment No. 114, tabled by the hon. Member for South-East Cambridgeshire (Mr. Paice), would exempt works on common land from the part 3 consent requirement if they are for the purposes of user safety, animal welfare or conservation, and are either urgent and necessary while a consent application is under consideration or will be on the land for not more than a limited period to be prescribed by regulations. Although I fully understand the aim behind the amendment, it would pre-empt the thorough consideration we wish to give to whether any particular types of works on common land, over and above those already described in clause 38(6), should be exempted from the normal requirement for consent under the Bill. Clause 43 allows us—subject to the negative resolution procedure—to make such exemptions by order for a range of specific purposes; essentially, they are use of the land for access, recreation or sporting purposes, exercise of rights of common, nature conservation or heritage preservation. These grounds would between them be likely to embrace most of the practical scenarios that amendment No. 114 would address. In addition, we will have power under clause 40 to prescribe fast-track procedures for certain types of works or particular circumstances, if we conclude that that makes sense. During animal health crises, there are also emergency powers that may in any event override the need for consent under the Bill, and there may be other statutory powers to act in emergencies that would exempt necessary works from the consent requirement. We intend to consult fully—I take on board the point of the hon. Member for Hexham (Mr. Atkinson)—about our approach to the use of the exemption power. It is important to be able to draw on a full range of views and experience before we make decisions on this important issue. We have already indicated that any exemptions we make by order under clause 43(1) are likely to relate to works of a minor or temporary character. Beyond that, we do not want to prejudge the issue by including further provision in the Bill about what is to be exempt. May I just correct an impression that might have been given by the right hon. Member for Penrith and The Border (David Maclean)? There is no question that crimes would be committed. The breach of clause 38 is not an offence; it is a matter for civil enforcement through the civil courts. In the 80-odd years since the enactment of section 194 of the Law of Property Act 1925, there have been no problems with sheep fences—an issue to which one Member referred earlier. Having made those points, I hope that the hon. Member for South-East Cambridgeshire will withdraw his amendment.