Commons Bill [HL]

My Lords, I hope that I may be allowed a few moments just to say a big thank you to the Minister, his predecessors and not least his officials, and to convey to them the appreciation of the Federation of Cumbria Commoners for having introduced in the other place a provision that permits but does not mandate transfer that I describe as ““within the parish””. Across England, the law of common land and the common law in its manorial aspect developed differently from place to place. In Cumbria the smaller owner-occupier farmer—known as a ““statesman””—was well known for his independence and indeed his stubbornness, as some of those who may have been involved in this debate will appreciate. They separated their rights emphatically from those of the owner of the soil very early on. There are well documented 17th century examples of manorial courts fining the manorial lord. After all, it may have been the lord of the manor’s court, but the law that was being applied in it was the common law of England in its manorial manifestation. Equally, very early on, rights were quantified and became severable by agreement. In the 19th century, statutory provisions were introduced from time to time making this possible. Therefore, I believe that the Government were absolutely right not to introduce with this legislation a move back towards feudalism in the fells. This provision runs with the grain of localism and subsidiarity. As the Minister has explained, while it is not currently the Government’s intention to utilise it, I predict that if the next Commons Bill is as long coming as this one is after its predecessor, it will be used quite a bit, but I do not suppose that any of us will be here to comment on it.