Common Land (Hansard, 14 April 1994)

§ The Parliamentary Under-Secretary of State, Department of the Environment (The Earl of Arran)
My Lords, although we see no prospect of adopting the comprehensive approach proposed by the Common Land Forum, I can confirm that it still does remain our policy to safeguard the status of common land and to strengthen the ways in which it is protected and used. Officials are now analysing the results of discussions with the major interested groups that have taken place in the last nine months and Ministers will be considering what scope exists for practical ways to tackle the most immediate difficulties.

§ Baroness Nicol
My Lords, I thank the Minister for his Answer. Will he accept that I find it rather 1619 disappointing? Does he recall that in 1986, when the Common Land Forum Report was first published, there was at that time complete agreement and it was not until the formation of the Moorlands Association some time later that any disagreement arose at all? Until 1993 the Government continued to promise that legislation would be forthcoming when parliamentary time permitted. Can the Minister say what exactly has caused the delay? I understand that the drafting of the necessary legislation was done some time ago. Can the Minister say whether the delay is because of a lack of will on the part of the Government?

§ The Earl of Arran
No, my Lords, it is very much the reverse: it is not a lack of will at all. It is complicated country, as I believe the noble Baroness will accept. It involves differing interests and ancient law. If there had been an easy and workable solution we would have found it before now. In fact there was not total agreement at that time. Some organisations, such as the National Farmers Union and the Country Landowners' Association, found problems. At the moment we are trying to find a workable solution.

§ Baroness David
My Lords, does the Minister recognise that the Government's record on environmental legislation is extremely bad? Not only have they not kept their promises about common land; they have not kept their promises on legislation about hedgerows, national parks and the implementation of the obligations under the habitats directive. Are they going to change?

§ The Earl of Arran
My Lords, I do not believe that this is the time to have a full-scale debate on the Government's environment policy. I believe that it is an extremely sound and reasonable policy which we have stuck to; for example, through the biodiversity plan and the forestry review. I believe that our record is extremely high.

§ Lord Williams of Elvel
My Lords, given the Government's high record, which the noble Earl cites, can I congratulate him on the Department of the Environment press release dated 29th January? It is very rarely that I congratulate the Government, but I would like to do so in the case of the noble Earl. The press release reads: The Government is to introduce new laws to safeguard Common Land in England and Wales and provide better management and improved public access". It goes on: The Government accepts the case for future legislation based broadly on the Forum's report and intends to introduce a Commons Bill at a suitable opportunity when Parliamentary time permits". The press release continues: The responses, which should be submitted by 1 May"— which is not very far off— will then be taken into account in the preparation of the legislation". In accepting my congratulations, will the noble Earl recognise that they are mitigated by the thought that the press release was dated 29th January 1987?

§ The Earl of Arran
My Lords, I always accept the congratulations of the noble Lord, Lord Williams. He is 1620 right: the Government are pursuing the point that the press release mentions. They are still pursuing it robustly, and with vigour and determination, to ensure that we have a workable solution to the problems surrounding common land. But, as I have said many times in your Lordships' House, legislation can be a clumsy tool and the way forward in the situation concerning common land is probably on a voluntary basis.

§ Baroness Nicol
My Lords, the Minister referred to the National Farmers Union and the Country Landowners' Association. Both those bodies were party to the report issued in 1986. Although there were small points of disagreement, they were broadly in agreement with the recommendations of the report. So I am afraid that that answer from the Minister is not acceptable.

§ The Earl of Arran
My Lords, that really is the case. If there had been total agreement—the Moorlands Association is also in disagreement—we should have come up with workable proposals by now.

§ Baroness David
My Lords, does the Minister realise that total agreement does not seem to have been the Government's policy in respect of a great deal of their legislation?

§ The Earl of Arran
My Lords, no. I cannot agree with what the noble Baroness says.