1. 1. Questions to the Cabinet Secretary for Environment and Rural Affairs – in the Senedd on 1 February 2017.
7. Will the Cabinet Secretary make a statement on grazing rights on common land? OAQ(5)0099(ERA)
Thank you. Well-managed common land provides significant economic, social and environmental benefits to the people of Wales. Grazing rights are an important part of the management regime on common land. The Commons Act 2006, which is currently being implemented here, provides an established process for the delivery of their protection.
I’m told by planning officers at Caerphilly County Borough Council that disputes over grazing rights are a private matter between interested parties. The local authority holds a register of common land and village greens, but it has no statutory powers to protect or enforce an individual’s right to graze animals on common land, or so they tell me. The local authority says any such disputes should be settled by recourse to legal advice.
I’ve been working on the case of a constituent within my constituency and a constituent of Andrew R.T. Davies, in that region, both farmers, who wish to graze animals on common land and are finding they’re coming up against quite difficult barriers. Seeking legal advice can be costly and very time consuming, and a barrier—simply a barrier—for many of them. Can the Cabinet Secretary, therefore, ensure that guidance is clear, so that the need to take legal action is minimised, and if necessary, could she decide whether it might be appropriate to update current advice on this matter?
Yes, I’m certainly very happy to look at that. I am aware that we have exchanged correspondence, and I’d be very happy to look at that also to see if there’s any more we can do. But I’ll look at the guidance, and if there’s a need to update it, we’ll be happy to do so.
Cabinet Secretary, could I endorse the comments that Hefin has made? Both of us have been dealing with a particular issue around Eglwysilan common, but in many parts of Wales these are huge tracts of land that have rights built up over many years—many centuries in fact. As pressure, especially urban pressure on urban commons has built up, there are real issues now over what were the traditional uses of those commons by farmers and grazers in the area. With the change of title of lord of the manor, people are trying to exercise rights they don’t have although they own that title of lord of the manor. I’d be grateful if the Cabinet Secretary could bring a statement forward to indicate what levels of support are there to protect the rights that have been built up over many years, and to protect the traditional use of those commons so that they can continue to be enjoyed, not just by graziers, but by the people who live very close to them, and the threats that have been made in recent weeks and months can be put to one side.
My officials are doing a significant piece of work at the moment around the Commons Act, so I’ll certainly look at that specific point and, if appropriate, bring a statement forward.