1. Questions to the Minister for Environment, Energy and Rural Affairs – in the Senedd on 13 November 2019.
8. Will the Minister provide an update with regard to the Welsh Government's policy for improving the management of common land in Wales? OAQ54677
Thank you. The Commons Act 2006 is being implemented through a rolling programme, with substantial parts already in force. Our priorities now are to implement the remainder of Part 1, to include electronic registers, and enable commons councils to be established by bringing forward Part 2 of the Act.
I've written to the Minister on several occasions about the problems at Eglwysilan common, which is mostly located within the Caerphilly constituency. In your most recent letter, dated 24 September, you didn't address the substance of the numerous issues facing the common and simply repeated your offer of a one-off financial and official support to Caerphilly County Borough Council to address it themselves.
The local authority, having spoken to them, elected councillors and commoners, are disappointed that the Welsh Government doesn't appear to be taking its ongoing legal responsibilities under the Commons Act 2006 seriously enough. A one-off offer of support will be of no significant use to the local authority in dealing with the recurring problems on the common, which they feel would continue even if they were to take successful action against perpetrators on the land.
A further option that was discussed related to potential for Welsh Government to consider the introduction of enhanced legislation relating to standards of management in use of common land across Wales, which I think would be a step forward. But, for legislation to be successful, it needs to be enforced. Will the Minister therefore commit today to making sure Welsh Government meets its legal responsibilities and works with the local authority and other appropriate partners to address the longstanding issues at Eglwysilan common?
Well, we do work with the local authority. I know my officials attended a multi-agency meeting with Caerphilly council to continue to explore possible solutions. The offer of that financial support is still there. I understand that is currently being considered. But I will be very happy to ensure that officials continue to work with Caerphilly council to that endeavour.
Minister, it's about a year since Hefin David—in fact, Andrew R.T. Davies raised the issue with you of commoners' rights being restricted on their patches. But, at that time, I raised the opposite problem with you, relating to residents in Pennard in Gower within my region, where common rights are being exercised with some irresponsibility, if I can put it that way, meaning that residents who live in villages adjacent to common land have stock wandering through their gardens and their streets without any curb on that by, well, one particular commoner, actually. At that time, I asked you whether there was anything that could be done through secondary legislation—a similar point to that raised by Hefin—to help commoners exercise their rights responsibly, because it's pretty important that rights are respected and observed and protected, of course, but then they should be exercised with consideration for those around them. Thank you.
I do remember you raising that with me and we did look to see if anything could be done further. And I know we are going out to consultation in January on the introduction of the commons councils. So, whether that could be encompassed within that, I will certainly check and I'll write to you.FootnoteLink