Clause 24
Commons Bill [Lords]
5:00 pm
Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)
The clause gives the national authority powers to make regulations regarding applications to amend registers of common land, and town or village greens made under part 1. We are discussing subsection (7) in particular. My understanding of what the hon. Gentleman just said is that in essence the question is why we are getting rid of the commons commissioners, who, to some extent, currently have an authority. They have a certain amount of competence, so he wants to know why we want to get rid of them.
The commissioners were established under the 1965 Act to determine disputed initial registrations under that Act. Commissioners had to be lawyers of seven years’ standing. I do not criticise that decision, or lawyers or those individuals for the job they have done. We expect that most applications under part 1 of the Bill will be straightforward and well within the capacity of registration authorities advised by the likes of Mrs. Griffiths. Authorities already deal with all applications for amendment to the registers under the 1965 Act.
Where applications raise particularly difficult matters of law or fact, we have made provision for them to be determined by an independent panel inspector. The amendment that we have just discussed would allow referral to particular individuals. Unlike commissioners, panel inspectors may be qualified because of their knowledge and experience, or technical understanding of agricultural practice, rather than their legal skills. That will add value over what happens at present, when the commissioners are simply there by virtue of their legal background. On that basis, I hope that the Committee will agree to the clause, as amended, standing part of the Bill.