Clause 38
Commons Bill [Lords]
10:00 am
James Paice (Shadow Minister (Agriculture & Rural Affairs), Environment, Food & Rural Affairs; South East Cambridgeshire, Conservative)
I understand the hon. Gentleman’s concern. Obviously, it would be unacceptable if a temporary fence—an electric fence, for example—became permanent because it was left in place for umpteen years. He is right about that, but I contend that the Bill as drafted allows for that. I am tryingto insert the word “permanent” in subsection (3), which lists particular examples of restricted works. Subsection (1) states that restricted works may not be carried out without consent. I would argue that the structure of subsections (1), (2) and (3) means that if something is considered permanent because it has been there for some time, representations could be made to the Minister to say that it is not temporary but outside the exemption created by my use of the word “permanent”, and the legality of that fence could be challenged at any stage if it appeared to be permanent but did not have consent.