Clause41
Commons Bill [Lords]
1:45 pm
Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)
There are all sorts of rights of way and local authorities make their judgments about the blockages on them. If it is a busy highway, they are more likely to take action than if it were a quiet footpath. They exercise their duties with discretion, and that is my point. Therefore, I can not accept the amendment, but I hope that my hon. Friend will accept that the Bill takes us into a new era for common land. I am confident that, in future, the profile of common land will be much higher and the controls far less likely to be breached with impunity. We all have a role in encouraging local authorities to use their powers in the public interest and I know that all members of the Committee are keen to protect and enhance our commons.
With respect to the comments made by the hon. Member for Meirionnydd Nant Conwy about retrospective enforcement against existing unlawful works, there was significant debate in the other place where views on both sides were expressed. We amended the Bill on Third Reading in the other place to prevent any person from taking enforcement action against unlawful works before its introduction. Local authorities and the legal interest in the land remain able to enforce against such works within the normal time limits. On reflection, we do not feel that it is fair to extend retrospectively the scope for enforcement in that situation. I see the hon. Gentleman nodding and therefore hope that my explanation is sufficient. I ask him not to press the amendment.