Clause 24
Commons Bill [Lords]
5:00 pm

Roger Williams (Shadow Minister (Rural Affairs), Environment, Food & Rural Affairs; Brecon and Radnorshire, Liberal Democrat)
I return to the issue that was discussed in great detail in the other place: how the panel might be established under the Bill. Is it a better solution for dealing with applications of the type that we have discussed than having commons commissioners do that or establishing a group of people who I think were termed “inspectors” in the other place?
A point has been put to me by the commons registrations officer in Powys. We have indicated that some mistakes were made in respect of the 1965 Act, but a huge amount of land was registered in Powys—probably 13 per cent. of all the common land in England and Wales. None of the decisions were ever challenged in any way. The hon. Member for Meirionnydd Nant Conwy might say that the reason was the high cost that could have been borne by the person making the challenge. Nevertheless, the decisions were accepted by the people involved. The issue that has been put to me is that we should have some form of tribunal or statutory decision-making process to give people confidence that there is the necessary objectivity and clarity in these contentious issues.
I am told that a tribunals Bill did not complete its passage and did not become legislation. It would have been an appropriate vehicle to set up a proper tribunal for these purposes. The other suggestion made to me was that we could have something along the lines of the existing agricultural tribunals. This might seem a small issue to the Minister, but it is about confidence for those who own commons or who have rights on them, and for the public who seek to enjoy them and to promote nature conservation, archaeology and all the other issues on which we have put so much emphasis today.
I suspect that the Minister will reject what I have said. I can see from the expression on his face that he is conjuring up the words that will let me down gently, but this is a matter of great concern. Although proposals were resisted by the Minister in the other place, the Minister who is present in our Committee has an opportunity to say that there will be a statutory form or a statutory body to deal with this matter, rather than its being dealt with by the seemingly ad hoc type of organisation referred to in the Bill.
