Clause6
Commons Bill [Lords]
11:00 am
Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)
I will reflect on turbary rights, while I respondto the point made by the hon. Member for Brecon and Radnorshire. Thelocal authority, acting as the commons registration authority, willperform its duties in a quasi-judicial form, much as it does in respect of planning. From my experience of chairing a planning committeeon a local authority, I recall that issues were often controversialwith views held strongly on both sides. I have no reason to doubt thatthat was anything but thenorm.
Localauthorities are in a good position to perform such duties as long asthey are performed subject to advice. In the same way, when theyperform their duties as a planning authority, they carry out thosefunctions with advice. We have made it possible for those authoritiesto take advice on technical issues under part 1, and we amended theBill in another place to introduce a power to require it to consultunder clause 24(2)(h).
I hope that, on that basis, thehon. Gentleman is reassured that we consider local authoritiesperfectly able to perform that function. If the issue is sufficientlytechnical that they do not feel that they have the expertise, despitethe investment in expertise that the Government are making, they canrefer it to the panel. We will discuss that later when we discuss thewisdom or otherwise of replacing commons commissioners under thearrangements set out.
For those who need anexplanation, turbary is defined in annex A of the explanatory notes. Ifthat is not adequate, I can write to the hon. Member for MeirionnyddNant Conwy (Mr. Llwyd) but he is indicating that he is happy with it. Ihope that the Committee will support clause6.