Parliamentary search - Commons Bill (HL)

Type

Parliamentary proceeding

Reference

448 c412-85

Session

2005-06

Department

Department for Environment, Food and Rural Affairs

Legislative stage

Third reading and Report stage

Procedure

New clauses
Prince of Wales's consent
Queen's consent

Chamber / Committee

House of Commons chamber

Commons Bill (HL) . As amended in Standing Committee D
Thursday, 27 April 2006
Bills
House of Commons

Proceeding contributions

Speaker | 448 c420 (Link to this contribution) With this it will be convenient to discuss the following: Government amendments No. 2 to 4, and Gove...

Barry Gardiner | 448 c420 (Link to this contribution) Government amendment No. 1 is a consequential change that is necessary because of amendments that we...

Show all contributions (137)

Roger Williams | 448 c420-1 (Link to this contribution) I will speak briefly to amendment No. 116, which stands in my name and in those of my hon. Friends. ...

James Paice | 448 c421 (Link to this contribution) I welcome the Government amendments, but I would be grateful if the Minister clarified something. In...

Barry Gardiner | 448 c419 (Link to this contribution) I understand the hon. Gentleman’s question. Commons councils, as I hope that we will get to call th...

Elfyn Llwyd | 448 c418-9 (Link to this contribution) The hon. Gentleman is responding in the manner that I hoped he would, which is reasonably and with a...

Barry Gardiner | 448 c419 (Link to this contribution) I beg to move amendment No. 1, in page 3, line 6, leave out paragraph (c).

Roger Williams | 448 c419 (Link to this contribution) I thank the Minister for his response and the way in which he expressed it. There is a difficulty in...

Barry Gardiner | 448 c417-8 (Link to this contribution) New clause 2 would impose a general requirement on the owners of land adjacent to a common to fence ...

Elfyn Llwyd | 448 c416-7 (Link to this contribution) I hope so. The hon. Member for Brecon and Radnorshire highlighted another serious point. More and m...

Peter Atkinson | 448 c416 (Link to this contribution) That will swing it.

Roger Williams | 448 c415-6 (Link to this contribution) I beg to move, That the clause be read a Second time. It is within the law that an owner of livesto...

Elfyn Llwyd | 448 c416 (Link to this contribution) The hon. Member for Brecon and Radnorshire (Mr. Williams) has detailed the concerns that are prevale...

Barry Gardiner | 448 c415 (Link to this contribution) I hesitate to pronounce from the Dispatch Box on an individual case without knowing the specific cir...

Barry Gardiner | 448 c413-5 (Link to this contribution) I am glad to have the opportunity to respond to the hon. Gentleman’s questions, because it is import...

James Paice | 448 c412-3 (Link to this contribution) I confess that I am puzzled by this group of amendments. Obviously I am very familiar with the debat...

Barry Gardiner | 448 c412 (Link to this contribution) The amendment repeals section 68 of the Countryside and Rights of Way Act 2000—the CROW Act—in line ...

Speaker | 448 c412 (Link to this contribution) With this it will be convenient to discuss Government amendments Nos. 110 and 111.

Barry Gardiner | 448 c412 (Link to this contribution) I beg to move, That the clause be read a Second time.

Speaker | 448 c432 (Link to this contribution) Order. I think that we are well aware of the importance of the site to the hon. Gentleman’s constitu...

Owen Paterson | 448 c432 (Link to this contribution) Thank you, Madam Deputy Speaker. I am trying to tease out of the Minister a definition of ““construc...

James Paice | 448 c426-7 (Link to this contribution) I am not surprised that the Government have tabled the Trap Grounds amendments, which I naturally su...

Barry Gardiner | 448 c425-6 (Link to this contribution) Government amendments Nos. 5, 6 and 8 respond to the recent judgment of the House of Lords in the Tr...

James Paice | 448 c428 (Link to this contribution) I am puzzled as to how a planning consent that old is still extant—I should have thought that it wou...

Paddy Tipping | 448 c427-8 (Link to this contribution) Several of us said in Committee that we were keen on the creation of more village greens, and clause...

Owen Paterson | 448 c428-30 (Link to this contribution) It is a great pleasure to follow the hon. Member for Sherwood (Paddy Tipping). I am sorry that I sha...

Paddy Tipping | 448 c428 (Link to this contribution) The planning permission is still relevant precisely because it is so old—new legislation that has be...

Owen Paterson | 448 c430-1 (Link to this contribution) I was wondering when I might test your patience, Madam Deputy Speaker, but I thought that it would b...

Speaker | 448 c425 (Link to this contribution) With this it will be convenient to discuss the following amendments: Government amendments Nos. 6 t...

James Paice | 448 c425 (Link to this contribution) I am grateful to the Minister for his explanation. I am sure that he has read all the papers and kno...

Barry Gardiner | 448 c425 (Link to this contribution) I beg to move amendment No. 5, in page 7, line 33, leave out ‘local inhabitants' and insert

Speaker | 448 c422 (Link to this contribution) With this it will be convenient to discuss amendment No. 113, in page 6, line 41, at end insert— ‘i...

James Paice | 448 c422 (Link to this contribution) I beg to move amendment No. 112, in page 6, line 41, after ‘greens', insert ‘as attached to land'.

Barry Gardiner | 448 c421 (Link to this contribution) Government amendment No. 95, which we will debate later, addresses the point made by the hon. Member...

Barry Gardiner | 448 c423-4 (Link to this contribution) The amendments relate to clause 13, which abolishes the principle by which rights of common may be e...

James Paice | 448 c423 (Link to this contribution) My hon. Friend is right. Our debates in Committee and on Report have inevitably dwelt on grazing rig...

Peter Atkinson | 448 c423 (Link to this contribution) I was baffled when we first debated the issue, because those 50 houses might not simply have the rig...

James Paice | 448 c422-3 (Link to this contribution) These amendments deal with commons that have been partially developed, and I tabled them for two rea...

Barry Gardiner | 448 c444 (Link to this contribution) I beg to move amendment No. 17, in page 15, line 15, leave out ‘association' and insert ‘council'.

James Paice | 448 c445-6 (Link to this contribution) As I suggested in an earlier discussion, I welcome the amendment, together with most of these groups...

James Paice | 448 c444 (Link to this contribution) I welcome this group of amendments unreservedly. As the Minister knows, I proposed them in Committee...

Roger Williams | 448 c444 (Link to this contribution) I, too, welcome the amendments. As the hon. Member for South-East Cambridgeshire (Mr. Paice) said, t...

Barry Gardiner | 448 c444 (Link to this contribution) I trust that I shall be able to dispatch this group of amendments in even less time than it took you...

Peter Atkinson | 448 c445 (Link to this contribution) I beg your pardon, Madam Deputy Speaker. I shall come back to it later. Amendment agreed to. Amend...

Barry Gardiner | 448 c445 (Link to this contribution) I beg to move amendment No. 23, in page 15, line 37, after ‘common' insert

Peter Atkinson | 448 c444-5 (Link to this contribution) I join the welcome for the change, but will the Minister give a little more explanation of amendment...

Speaker | 448 c445 (Link to this contribution) Order. Perhaps I can help the hon. Gentleman. There are many amendments in the group, but Government...

Elfyn Llwyd | 448 c443 (Link to this contribution) I am extremely grateful to the Minister for that response and I will take up his invitation. The exc...

Barry Gardiner | 448 c443 (Link to this contribution) With that, I simply ask hon. Members to accept amendment No. 14 and the others in my name. Amendmen...

Barry Gardiner | 448 c437-8 (Link to this contribution) We have made it clear that we are not prepared to countenance an unrestricted reopening of the regis...

James Paice | 448 c438 (Link to this contribution) I support this group of amendments and I simply want to thank the Minister for accepting what he des...

Paddy Tipping | 448 c438-9 (Link to this contribution) I point out briefly to the Minister, and more particularly to his officials, that the amendments wil...

Lord Blencathra | 448 c439-40 (Link to this contribution) I rise to support the amendments, but I want to press the Minister about the need in due course to p...

Barry Gardiner | 448 c442 (Link to this contribution) First, I wholeheartedly agree with my hon. Friend the Member for Sherwood (Paddy Tipping) when he th...

Lord Blencathra | 448 c442-3 (Link to this contribution) I am grateful to the Under-Secretary for giving way—he is customarily courteous. I am largely conten...

Barry Gardiner | 448 c443 (Link to this contribution) I recognise the strength of the right hon. Gentleman’s argument. I was trying to explain that we are...

Speaker | 448 c435 (Link to this contribution) I remind the hon. Gentleman that he spoke immediately after the Minister moved the amendments, at wh...

Barry Gardiner | 448 c436 (Link to this contribution) I beg to move amendment No. 14, in page 13, line 38, after ‘Schedule 1' insert—

Speaker | 448 c435 (Link to this contribution) That amendment is in the group that is under discussion and therefore it was included in that group....

James Paice | 448 c435 (Link to this contribution) Further to that point of order, Madam Deputy Speaker. Perhaps you could give me some guidance. If an...

Speaker | 448 c435 (Link to this contribution) My point is that you cannot make a further speech, so there is no opportunity for the hon. Gentleman...

James Paice | 448 c435 (Link to this contribution) On a point of order, Madam Deputy Speaker. I am a bit lost. We have been debating a group of amendme...

Speaker | 448 c435 (Link to this contribution) Order. I am afraid that the hon. Gentleman has already spoken on this group.

James Paice | 448 c435 (Link to this contribution) I was not suggesting that my hon. Friend made a speech: I was offering to give way to him.

James Paice | 448 c435 (Link to this contribution) Given that my hon. Friend the Member for North Shropshire (Mr. Paterson) wishes to challenge the Min...

Barry Gardiner | 448 c433-4 (Link to this contribution) While it always gives me great pleasure to provoke hurrahs from Labour Back Benchers, I am aware tha...

Owen Paterson | 448 c434 (Link to this contribution) I wish that the Minister could give me the same satisfaction as he has given the hon. Member for She...

Barry Gardiner | 448 c434-5 (Link to this contribution) I am genuinely sorry to disappoint the hon. Gentleman, because I understand the concerns of his cons...

Barry Gardiner | 448 c433 (Link to this contribution) I shall be as clear and precise as I can, because the hon. Gentleman is right: this is crucial. I wa...

Paddy Tipping | 448 c433 (Link to this contribution) I am following my hon. Friend’s speech carefully and I know that people living on Rennals way in Cal...

Barry Gardiner | 448 c433 (Link to this contribution) That is exactly what I am saying.

Paddy Tipping | 448 c433 (Link to this contribution) Hurrah!

Barry Gardiner | 448 c432-3 (Link to this contribution) The hon. Member for North Shropshire (Mr. Paterson) and my hon. Friend the Member for Sherwood (Padd...

James Paice | 448 c433 (Link to this contribution) I realise that the Minister is working from several different sets of notes—I know how it is; been t...

Barry Gardiner | 448 c481-2 (Link to this contribution) I am delighted that the hon. Gentleman has caught me, because I was about to sit down. We would not ...

Helen Goodman | 448 c483-4 (Link to this contribution) It was a great pleasure and a fantastic learning opportunity to serve on the Standing Committee on t...

James Paice | 448 c482-3 (Link to this contribution) I shall start by picking up the Minister’s comments to my hon. Friend the Member for North Shropshir...

Barry Gardiner | 448 c476-7 (Link to this contribution) I am grateful to the hon. Gentleman, both for those remarks and for his note. I commend the right h...

Barry Gardiner | 448 c475-6 (Link to this contribution) Government amendments Nos. 92 to 94 revisit the provision in paragraph (3) to schedule 1 about the p...

Peter Atkinson | 448 c475 (Link to this contribution) I speak in support of my right hon. Friend the Member for Penrith and The Border (David Maclean). It...

Lord Blencathra | 448 c472 (Link to this contribution) I beg to move amendment No. 115, in page 36, line 6, leave out ‘must' and insert ‘may'.

Barry Gardiner | 448 c469 (Link to this contribution) The amendments would considerably broaden the existing power in the Bill for the national authority ...

James Paice | 448 c466 (Link to this contribution) I am grateful for the Minister’s remarks on amendment No. 114. It was clear from the comments of all...

Roger Williams | 448 c468 (Link to this contribution) The previous group of amendments dealt with unauthorised works on the commons and the current group ...

James Paice | 448 c462 (Link to this contribution) The Minister thinks that the gist of my amendment is covered in the powers contained in the fast-tra...

Barry Gardiner | 448 c461-2 (Link to this contribution) This group of amendments has certainly provoked much very interesting debate and raised important qu...

Paddy Tipping | 448 c465 (Link to this contribution) Will the Minister explain in plain words why the Government changed their mind on the date? The orig...

Paddy Tipping | 448 c457 (Link to this contribution) I am pleased to follow the hon. Member for South-East Cambridgeshire (Mr. Paice), who stressed the i...

James Paice | 448 c455-6 (Link to this contribution) I welcome the Government amendments that deal with the issue of the National Trust. Again, we referr...

Roger Williams | 448 c453 (Link to this contribution) I have listened to the Minister’s comments, and on the basis of his opinions, I beg to ask leave to ...

Barry Gardiner | 448 c451-3 (Link to this contribution) Amendment No. 122 would permit statutory powers given to commons councils to be delegated to volunta...

Speaker | 448 c455 (Link to this contribution) With this it will be convenient to discuss the following amendments: Government amendments Nos. 76 ...

James Paice | 448 c455 (Link to this contribution) I beg to move amendment No. 114, in page 21, line 36, at end insert—

Roger Williams | 448 c450 (Link to this contribution) I reflect upon the point that the right hon. Gentleman is making. The amendment refers to where ther...

Lord Blencathra | 448 c451 (Link to this contribution) I accept the hon. Gentleman’s point. This could be an ultimate longstop. The threat of a local counc...

Paddy Tipping | 448 c451 (Link to this contribution) I am reluctant to break the consensus on the commons. I confess that I have some sympathy with the m...

Lord Blencathra | 448 c450 (Link to this contribution) I am rather nervous about amendment No. 117. It may be giving powers to local authorities to exercis...

Roger Williams | 448 c449-50 (Link to this contribution) We tabled amendments Nos. 122 and 117 so that we could address the fact that there will be not only ...

Speaker | 448 c449 (Link to this contribution) With this it will be convenient to discuss amendment No. 117, in page 26, line 18 [Clause 45], at en...

Roger Williams | 448 c449 (Link to this contribution) I beg to move amendment No. 122, in page 18, line 20, at end insert—

Barry Gardiner | 448 c448 (Link to this contribution) I am grateful to the hon. Gentleman for the wonderful way in which he extended his remarks until my ...

Elfyn Llwyd | 448 c448 (Link to this contribution) Would I be right in presuming that the actual framework will be subject to regulation? The Minister ...

Barry Gardiner | 448 c447-8 (Link to this contribution) First, I would like to address the remarks from the hon. Member for Hexham (Mr. Atkinson), who raise...

Elfyn Llwyd | 448 c447 (Link to this contribution) I also agree that the amendment is important. It redresses the balance that appeared to be out of ki...

Peter Atkinson | 448 c446 (Link to this contribution) Now that we are on the right amendment I shall ask the Minister a few questions, although my right h...

Lord Blencathra | 448 c446-7 (Link to this contribution) Amendment No. 23 is an important amendment and I congratulate the Minister on listening to the repre...

Roger Williams | 448 c484-5 (Link to this contribution) I, too, have been privileged to take part in the consideration of this legislation, the roots of whi...

Owen Paterson | 448 c481 (Link to this contribution) Returning to our little debate earlier this afternoon, will the Minister give me some examples of co...

Barry Gardiner | 448 c480-1 (Link to this contribution) I beg to move, That the Bill be now read the Third time. I am pleased to stand at the Dispatch Box ...

Lord Blencathra | 448 c477 (Link to this contribution) I am grateful to the Minister, both for his wise words, and for having the wisdom to make the right ...

James Paice | 448 c476 (Link to this contribution) The Minister is taking a constructive approach to these matters. I am sorry that we were not able to...

James Paice | 448 c473-5 (Link to this contribution) Unusually, I am going to cross swords slightly with my right hon. Friend. He well knows that the cur...

Lord Blencathra | 448 c473 (Link to this contribution) That is absolutely right. The rights would have little value then. I perfectly respect those who man...

Peter Atkinson | 448 c473 (Link to this contribution) In many cases, those common rights have considerable financial value in the sense that, if a farm is...

Speaker | 448 c472 (Link to this contribution) With this it will be convenient to discuss Government amendments Nos. 92 to 94.

Barry Gardiner | 448 c471 (Link to this contribution) Technology has obviously moved on since my day if that is a technical point. I am happy to accede to...

Peter Atkinson | 448 c468 (Link to this contribution) I am suspicious of the amendment because it may extend the clause’s scope and intention far too wide...

Barry Gardiner | 448 c470 (Link to this contribution) I beg to move amendment No. 83, in page 31, line 36, leave out ‘1' and insert ‘1(4)'. This minor an...

Roger Williams | 448 c469-70 (Link to this contribution) I accept what the Minister says about the clause being the option of last resort. I hope that many o...

Barry Gardiner | 448 c465-6 (Link to this contribution) In our view, unless national authority consent is obtained, any person will be able to seek enforcem...

Roger Williams | 448 c467 (Link to this contribution) I beg to move amendment No. 118, in page 26, line 23, leave out ‘an agricultural' and insert ‘any'.

Speaker | 448 c467 (Link to this contribution) With this it will be convenient to discuss the following amendments: No. 119, in page 26, line 39, l...

Elfyn Llwyd | 448 c460-1 (Link to this contribution) This is an important debate. We had a similar debate in Committee, and if nothing is done to amend t...

Peter Atkinson | 448 c460 (Link to this contribution) I echo the remarks made by my neighbour and right hon. Friend the Member for Penrith and The Border ...

Barry Gardiner | 448 c462-5 (Link to this contribution) The hon. Gentleman puts a question that is absolutely to the point, and the answer is yes, we do bel...

Elfyn Llwyd | 448 c459 (Link to this contribution) The right hon. Gentleman is presenting a powerful argument. If a stone wall is known to be dangerous...

Lord Blencathra | 448 c459-60 (Link to this contribution) The hon. Gentleman is absolutely right. In the management of thousands of acres of common, hazards a...

Lord Blencathra | 448 c458-9 (Link to this contribution) I entirely agree. We do not want unlawful fencing. We do not want those wild open spaces to be cordo...

Lord Blencathra | 448 c457-8 (Link to this contribution) I support my hon. Friend’s amendment No. 114. In relation to Warcop, before I get too far out of or...

Peter Atkinson | 448 c415 (Link to this contribution) I apologise to the Minister, because I have been troubling him quite a lot in the past few days, but...

Speaker | 448 c437 (Link to this contribution) With this it will be convenient to discuss Government amendments Nos. 16 and 95 to 108.

Paddy Tipping | 448 c458 (Link to this contribution) I think of those wild open spaces in the north Pennines. That is why I praise the Government for wha...

Speaker | 448 c430 (Link to this contribution) Order. I have been fairly lenient with the hon. Gentleman. We have a reasonable amount of background...

Elfyn Llwyd | 448 c440-2 (Link to this contribution) I am sure we all share in the joy of Mrs. Perry and Mr. Pumfrey. This will be a great weekend for th...

Lord Blencathra | 448 c470-1 (Link to this contribution) This is a small technical amendment and I rise on a small technicality. We received a briefing from ...

Speaker | 448 c444 (Link to this contribution) With this it will be convenient to discuss Government amendments Nos. 18 to 22, 24 to 75, 81, 82, 84...

Lord Blencathra | 448 c472-3 (Link to this contribution) I suspect that I have been struck off the English Nature cocktail party list for the foreseeable fut...

Subjects

Access

Animal welfare

Applications

Agriculture

Conservation

Construction

Common land

Housing

Exemptions

Land use

Grazing land

Motor vehicles

Planning permission

Payments

Livestock

Management

Property

National Trust

Registration

Safety

Sports

Rights of way

Repairs and maintenance

Walls and fences

Commons councils

Natural England

Village greens

Legislation

Commons Bill (HL) 2005-06

Link

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