Commons Bill [Lords]

It was a great pleasure and a fantastic learning opportunity to serve on the Standing Committee on the Commons Bill [Lords]. I hope that it will shortly be followed by the Lords Bill [Commons]. My constituency has 10,000 hectares of commons, the largest of which are Bowes moor, Cotherstone pasture, Barningham moor, Eggleston common, Cockfield fell and Hamsterley common. There are 39 commons in all. Among other things, it emerged from the discussion that half the commons in this country are sites of special scientific interest, which many people found surprising at first. As we considered the Bill in more detail, however, I realised that that was not an accident: the reason why commons are so environmentally important is that landowners have not historically had the same rights or financial incentives to sell or develop the land. There is a general lesson for us, in all our work on protecting the environment, in the great value of taking collective responsibility. This Bill shows that it is important to continue managing commons in the interests of all stakeholders—landowners, tenant farmers and those with interests in sport and walking. In my constituency, that is especially important for the hill farmers and the environment, as part of it is an area of outstanding natural beauty. I especially welcome the democratisation process with the new commons councils being set up and the measures to protect village greens for shared use. I want to say a brief word about part 3 of schedule 6. Before we repeal the Commons Act 1285, from the reign of Edward I, I want to share something with hon. Members about it. It is a very short piece of legislation—less than one column long—and begins:"““Whereas in a Statute made at Merton, it was granted that Lords of Wastes, Woods, and Pastures, might approve the said Wastes, Woods and Pastures, notwithstanding the Contradiction of their Tenants, so that the Tenants had sufficient Pasture to their Tenements with free…the same””." It is interesting that the problems in 1285 were similar to those that we have been addressing. The Act goes on to say:"““If any do claim Common by special Feoffment or Grant for a certain Number of Beasts, or otherwise…he ought to have of common Right….By occasion of a Windmill, Sheepcote Deyry, inlarging of a Court necessary, or Courtelage, from henceforth no Man shall be grieved by Assise…And where sometime it chanceth that one having Right to approve, a Dyke or an Hedge, and some by Night…do overthrow the Hedge or Dyke, and it cannot be known by Verdict of the Assise or Jury, who did overthrow the Hedge or Dyke, and Men…will not indict such as be guilty of the Fact…shall be distrained to levy the Hedge or Dyke at their own Cost””." We are often criticised in the House for producing too much hasty legislation, which we have not had time to consider properly. The 1285 Act, however, has had a good run. We know how it is operated, and we are in a position to repeal it as part of this Bill. I am very happy to support the Bill.