Clause 45
Commons Bill [Lords]
2:15 pm
David Drew (Stroud, Labour)
Six of these amendments are in my name, but amendment No. 104 is in the name of the hon. Member for Brecon and Radnorshire. I shall let him have all the fun of mentioning every common that might need to be included because its ownership is not clear. I shall stick to amendments Nos. 82 to 84, which are technical, and then say a little about amendments Nos. 85 to 87.
Amendments Nos. 82 to 84 try to clarify exactly what we would expect of a local authority when there is no known owner and a clear need for works to be done or stopped. This series of amendments is necessary to identify sites of special scientific interest that are in an unfavourable condition and it would force local authorities to take responsibility for that common land.
Although amendment Nos. 82 and 83 simply change “may” to “shall” and amendment No. 84 includes “may” elsewhere, they seek clarification from the Government. There seems to be a vacuum in responsibility for the protection of common land with no clear ownership. After all, it is in the public interest for such land to be protected. Again, this is a matter for which local authorities should be duty bound. I understand what my hon. Friend said earlier about the relationship between duties and powers, and I intend to push that issue. However, unlawful interference is not uncommon, and it is too easy for local authorities to say that they do not have any responsibility. They certainly do not have the means.
On amendments Nos. 85 to 87, the Government suggested that section 9 of the Open Spaces Act 1906 can be used to acquire unclaimed land. The difficulty is that section 9 allows purchase only by agreement, and that is not possible if the owner is unknown. Other statutes provide compulsory powers. For instance, there is section 89 of the National Parks and Access to the Countryside Act 1949, and schedule 2 to the Compulsory Purchase Act 1965, which includes an untraceable owner procedure that requires obtaining a valuation, paying it into court and then obtaining a vesting order.
It is essential that we find a mechanism for local authorities to deal with the problem of land that has no clear ownership. Section 8 of the Commons Registration Act 1965 allows for such a mechanism with regard to village greens. The mechanism is not nearly as clear for common land. I hope that my hon. Friend will be able to clear that up. I also support the hon. Member for North Cornwall, whom I am sure will explain why we tabled amendment No. 104.