Part of Natural Environment and Rural Communities Bill – in a Public Bill Committee at 4:30 pm on 21 June 2005.
I am grateful for both those interventions and comments. Dealing with the hon. Member for Banbury’s comments first will help us considerably. He has focused, understandably, on ‘impose’. I would ask the Committee to focus on ‘agreement’. These are agreements between two parties. Once the agreements have been made, they may impose different things on the two parties to that agreement, but they will not be imposed upon anyone in the first instance.
I would suggest to the Committee that it would be wrong to exclude anyone who might have an interest in the land from being able to enter into an agreement. I accept the spirit in which the hon. Member for South-East Cambridgeshire tabled the amendments, but I am advised—this is pretty complicated and tortuous—that the wording could, unwittingly, potentially exclude some people who might have some interest in the land from entering into agreements. That, in turn, would deny them access to funds and other assistance that might be available through those agreements.
The amendment is unnecessary given that any agreement is entered into willingly by both parties. The hon. Member for South-East Cambridgeshire understandably fears that one person might enter into an agreement containing obligations or restrictions that would affect the interest of another. It should be borne in mind that that would depend entirely on the agreement-holder already having legitimate control or influence over the interests of the other person. The agreement would not give such control, because no agreement would have been made with the other person.
Technically, I am told, clause 7(3) means that the agreement would remain in force over any person who succeeds to the interest of the agreement-holder. It does not mean that the agreement would bind other interest-holders. I hope that that clarification and the suggestion that the starting point should be agreement and that any imposition must flow from that agreement is sufficiently helpful to enable the hon. Gentleman to withdraw his amendment.