HC Deb 09 October 1946 vol 427 cc247-50
Mr. Collick

I beg to move, in page 10, line 24, to leave out from "just," to "and," in line 25.

Mr. Speaker

I gather that this Amendment is really consequential on an Amendment which appears later, and therefore it might be appropriate to deal with that Amendment also.

Mr. Collick

It is the fact that the next three Amendments standing in the name of my right hon. Friend stand together. While dealing with the Amendment which I have just moved I will also deal with the two following Amendments. In page 11, line 4, at the end, to insert: (8) Where work under this section for making improvements consists of or includes the making or restoration of permanent fences, Subsections (1) and (2) of this Section shall have effect as if references therein to persons enjoying or claiming to enjoy rights of common over the land for the benefit of which the improvements are intended included references to persons occupying adjoining land, and as if, in relation to any such person, there were substituted, for the reference in paragraph (b) of the said Subsection (2) to rights claimed to be enjoyed, a reference to the adjoining land occupied by him "— and, in page 11, line 4, at the end, to insert: (9) Nothing done under this Section shall be treated as an admission of the existence or non-existence of an obligation on the part of a person occupying land adjoining land subject to rights of common of pasture to fence against animals on the last-mentioned land, or as to the extent of any such obligation. These three Amendments are consequent upon an appeal that was made to the Government in the Standing Committee, that in the case where hill sheep farming land, and particularly common land, is concerned, provision should be made to enable owners of adjoining land to come into a hill farming improvement scheme which affects common land, particularly for the purpose of fencing, without altering in any way the rather complicated law which deals with fencing. That is the essential purpose of the three Amendments, which will enable that to be done, and will allow it to be done in such a way that in no sense is the difficult law of fencing and of common land altered in any way whatsoever. I think the terms of the three Amendments are generally acceptable to the House.

6.30 p.m.

Mr. Turton

This is one of the occasions on which one can express very full gratitude to the Government for the way they have worked at this Amendment, and have produced one satisfactory to all commoners and to those whose lands adjoin commons. It is, as the Parliamentary Secretary says, a very complex question of law, this law of fencing commons; and I am satisfied that the words the Government are putting forward now will relieve the situation as far as it can be done.

Amendment agreed to.

Further Amendments made:

In page 11, line 4, at the end, insert: (8) Where work under this Section for making improvements consists of or includes the making or restoration of permanent fences, Subsections (1) and (2) of this Section shall have effect as if references therein to persons enjoying or claiming to enjoy rights common over the land for the benefit of which the improvements are intended included references to persons occupying adjoining land, and as if, in relation to any such person, there were substituted, for the reference in paragraph (b) of the said Subsection (2) to rights claimed to be enjoyed, a reference to the adjoining and occupied by him. In page 11, line 4, at the end, insert: (9) Nothing done under this Section shall be treated as an admission of the existence or non-existence of an obligation on the part of a person occupying land adjoining land subject to rights of common pasture to fence against animals on the last-mentioned land, or as to the extent of any such obligation."—[Mr. Collick.]