Clause38
Commons Bill [Lords]
1:00 pm
Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)
I am grateful for that question. Recently, anexcellent code of practice was published with endorsement from variousbodies including English Nature, the Countryside Agency, the NationalTrust and the Open Spaces Society. It sets out useful guidelines on howcontroversy can be minimised and co-operative working maximised whenphysical changes such as fencing on a common are being contemplated sothat that fast-tracking can occur. We will be considering andconsulting on whether the power in clause 43 should be used to exemptworks of any particular character from the clause 38controls.
I noted,for example, the comments from the hon. Member for Meirionnydd NantConwy (Mr. Llwyd) about restocking after foot and mouth disease andabout hefted flocks. It might be possible—I do notknow—to use clause 43 to make some exemptions.
Generally, we cannot sensiblyput fast-tracking on the face of the Bill. We want to ensure that theprocedures are appropriate and proportional. Views differ widely aboutwhether works are beneficial and a fast-track system per se mightamount to pre-judging the merits of an application and run the risk ofunfairly sidelining one of the those views. We hope that we have theright balance and that the use of the code of practice willhelp.