That was the issue at dispute. My understanding is that they cannot create. I am now looking for some clarification on this so that I can come back to the noble Lord with a more correct answer. I just have a note that says, “If Clause 22 goes ahead, they will”. I believe that we are going to address that under Amendment 91A, in which case I may be able to give the noble Lord a more substantive answer shortly. If not, I will ensure that he gets complete clarification on this issue.
On the tax issues that the noble Lord raised, tax provision to produce a tax-neutral result will be made in secondary legislation under new Section 53B. Again, we can provide more detail on that than I have at my fingertips at this moment.
To return to the heart of Amendments 85B, 86, 87, 88 and 89, we believe that the necessary safeguards are in place to ensure that land transfers only when agreed by the Secretary of State and when the transferring department has deemed the land to be surplus to its requirements. The clause sits within the wider planning framework, which offers sufficient safeguards to protect any open spaces or other amenity land. For that reason we will resist these amendments, and I hope that what I have said provides some assurance.
On the Edward I freemining rights, we will indeed follow up in writing. I confess that that is beyond my general knowledge of these issues, so this may be the most helpful way to provide that information to the noble Baroness, Lady Royall.