Clause41
Commons Bill [Lords]
1:45 pm
David Drew (Stroud, Labour)
I beg to move amendment No. 78, in clause 41, page23, line 40, at endinsert—
‘(1A) It is the dutyof the commons registration authority to prevent, as far as possible,the unlawful encroachment on any common land for which it is theregistration authority'.
I could go on at considerablelength about the amendment but, although it is important, I shall not.From what I have read, those in another place were beginning to run outof steam towards the end of the Bill. They considered how localauthorities that presumably will be the registration authorities willhave the means by which they can pursue enforcement, as well as whowould be entitled to take such action. As always, there was worry abouta vexatious litigant and who would bear the cost of suchproceedings.
The mainpurpose of the amendment is to put a duty on local authorities toremove illegal works. It is welcome that the Government areintroducing, under section 194 of the Law of Property Act 1925, thesame procedure in respect of all commons to ensure consistency, but itseems anomalous that the public will have the power to take actionagainst unlawful works, the construction or semi-construction of abuilding, although there will be no duty on local authorities to takeenforcementaction.
The proposalis a probing amendment to ascertain the meat of the Bill and toconsider whether actions can taken by various parties that may be theowners of the commons or, indeed, the association or committee. Whataction will the Government take to give the registration authoritiesthe responsibility to do something about such encroachments? The issueis important. Those of us who have commons in ourconstituencies—it seems to be virtually everyone in theCommittee—will expect to hear what the Government are doing andwhether they would consider puttinga duty on the registrationauthorities to take enforcementaction.