Schedule 1
Commons Bill [Lords]
3:15 pm
David Drew (Stroud, Labour)
I rise to speak to amendment No. 69. The issue was brought to my attention by the Royal Society for the Protection of Birds, which wishes to take a slightly different perspective from the hon. Gentleman. The amendment would constrain the circumstances in which a commoners association, soon to be known as a commoners committee, could prohibit the transfer of severed rights to Natural England or the Countryside Council for Wales.
The Royal Society for the Protection of Birds is clear that it supports the Government position, as drafted in clause 9, that there should be a general prohibition on severance, as that will maintain the link between those who exercise rights of common and the local community for whose benefit such rights are exercised. However, the RSPB is worried that unless we amend schedule 1, it will be possible to sever commons rights. It is unclear why Natural England or CCW should not be the obvious recipient.
The RSPB’s main concern is that unless the Government reinforce what they are saying in clause 9, severance could go a step too far. Allowing a commoners association or committee to constrain the natural recipient—either Natural England or CCW—does not seem sensible.
The RSPB is concerned for two reasons. First, the Bill’s current wording could risk the loss of an important tool for delivering DEFRA’s public service agreement target for sites of special scientific interest, which requires that 95 per cent. of SSSIs by area should be in favourable condition.
Secondly, clause 28(3) disapplies section 28G of the Wildlife and Countryside Act 1981, which makes it clear that a commoners association or committee is not regarded as a public body with a duty to further the conservation of SSSIs consistent with its primary duties. The RSPB is worried that that would not necessarily be an ultimate priority of commoners committees, whereas it would be a prime responsibility of Natural England and CCW as public bodies. I hope that the Minister hears me and understands why those public bodies, with their particular responsibilities, are important as the natural recipients of severed land rights.