Clause 46 — Powers relating to unathorised agricultural activities

Part of Orders of the Day – in the House of Commons at 4:15 pm on 29 June 2006.

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Photo of Barry Gardiner Barry Gardiner Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs) (Biodiversity, Landscape and Rural Affairs) 4:15, 29 June 2006

The amendments would considerably broaden the existing power in the Bill for the national authority to deal with unauthorised agricultural activities, extending it to cover all unauthorised activities. The power in the clause is intended as a power of last resort to deal with difficult agricultural problems that are damaging the common and cannot be resolved by other means. It is deliberately focused to address problems such as rights' holders who may exceed the number of animals that they are allowed to depasture on a common, who are engaging in unauthorised cutting or removal of vegetation or are not removing animals during periods when the common should be cleared of livestock. We do not want to expand the power to encompass a large number of non-agricultural activities that can already be more effectively tackled locally.

I pick up the theme that Mr. Maclean began. Telephoning the Secretary of State in Westminster to report, for example, motorbikes racing across a common, will not be as effective as contacting the local police, who are much closer to the problem, much better informed, and more able to deal with such issues.

There are already existing enforcement powers to deal with many of the problems that Members have mentioned as occurring on commons and it is not our intention to duplicate them; for example, several Acts deal with driving on common land. Section 193 of the Law of Property Act 1925 makes it an offence where any person without lawful authority drives on land to which the section applies. The section applies to what are often described as "urban commons"—commons that before 1974 were within urban districts or boroughs—and other commons that have been dedicated by deed for public access.

Section 34 of the Road Traffic Act 1988 makes it an offence where a person without lawful authority

"drives a mechanically propelled vehicle...on to or upon any common land, moorland or land of any other description, not being land forming part of a road".

There is also a host of local byelaws that prohibit driving on common land and greens. Furthermore, village greens are afforded protection under section 12 of the Inclosure Act 1857, which protects greens from injury or damage and interruption to their use or enjoyment as a place for exercise and recreation. It may also be used against those who drive on greens.

I stress that the clause is envisaged as a power of last resort. To widen it as the amendments would allow is not acceptable, so I hope that Mr. Williams will not press them.