Common Land Register

Part of STATUTORY INSTRUMENTS &c. – in the House of Commons at 12:09 am on 16 December 1986.

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Photo of Mr William Waldegrave Mr William Waldegrave , Bristol West 12:09, 16 December 1986

I find myself in considerable sympathy with my hon. Friends the Members for St. Ives (Mr. Harris) and for Stockport (Mr. Favell). I do not think that the procedures on the Commons Registration Act 1965 were very well advised in that, to take the example of St. Ives, the publication of notices in a sub-regional newspaper is unlikely to be drawn immediately to the notice of people in remoter areas who are perhaps most affected.

I can confirm the account that my hon. Friend the Member for St. Ives gave of how the Commons Registration Act 1965 works. As he said, anyone could apply for land to be registered under it. A number of worthy and, as he described the lady in his constituency, public-spirited people went about with greater enthusiasm than accuracy when using ordnance survey maps, and there have been some strange results.

My hon. Friend the Member for Stockport has professional experience of these matters. There are several examples scattered all over the country. They would be almost comic if they were not so irritating. I hope and believe that the Castellains, who have pursued their case vigorously—I have even read about it in the national newspapers — may have overcome the immediate difficulty with the electricity supply. With a little entirely legal connivance, they can probably overcome their problem. The electricity distribution authority operates under legislation which may help them.

Circumstances such as my hon. Friend the Member for Stockport described remain a real problem. A building society or bank, faced with such uncertainty, may raise questions. Being good entrepreneurial characters, they may put another point or two on the interest rate or put other obstacles in the way.

There is no doubt in the Government's mind that this is an absurdity which must be put right. The only question—it is quite a question—is in what time scale it can be put right. As my hon. Friend the Member for St. Ives said—I have little to add to his speech—the Common Land Forum has been at work on a package of measures. Under its able chairman, it has brought together pretty good agreements involving a wide group of potentially disparate interests. It is loth to see bits of its package taken out separately, as it fears that its structure of compromise and agreement might fall to pieces. I understand that.

I am willing to respond to my hon. Friend's friendly challenge to give the first preliminary views on the Common Land Forum report. We hope to put out a discussion paper very shortly. My noble Friend Lord Skelmersdale said "by Christmas", but Christmas always seems to come earlier than one expects. It might not quite be before Christmas, but, shortly afterwards, we will go out to consultation. I have no hesitation in saying that we greatly welcome the work that has been done by the Common Land Forum. Although we are tidying up some details of our response to some of its recommendations, we think that it sets out the way forward in a reasonable way.

The question is: can we get legislation from our colleagues in the great pile of legislative measures that hang over any Government? My Department alone is anxious to denationalise the water supply and to introduce rate reform and all manner of measures. This matter is not particularly contentious, but it is a case of getting this matter agreed early.

We shall seek to introduce a package of measures on this issue as quickly as possible. If there should be any untoward delay, I would understand it if my hon. Friend proposed measures to deal with this issue. He provides an incentive to us to introduce a major package. We cannot leave constituents and clients in this ridiculous, indefensible position indefinitely.

I ask the indulgence of my hon. Friends tonight in that I cannot now state when the Government will introduce legislation. What they have said are powerful additional arguments for endorsing this useful collection of agreements that the Common Land Forum has produced. Their arguments provide piquancy and urgency and will be taken fully into account when we consider these matters.

These matters may be small, but they concern injustice to individual citizens and the House is largely constituted to rectify that. I am grateful to my hon. Friend's for raising the subject, but this evening I cannot state the date for legislation. All I can say is that they have added urgency to our search for solutions.