Clause 76 - Loss payments: exclusions
Planning and Compulsory Purchase Bill
3:00 pm
Mr Geoffrey Clifton-Brown (Cotswold, Conservative)
My hon. Friend says that it is reasonable, but it is more than that; it is of great importance. Without the word ''reasonable'', paragraph (d) is pretty draconian. The Government are trying to speed up compulsory purchase, but citizens will feel aggrieved if they think that they have not been treated fairly. After all, if they do not comply with the notices, they will be excluded from receiving the loss payments.
Under article 1 of the European convention on human rights, a person is entitled to free enjoyment of their property. If people feel aggrieved at not getting the loss payments because an act beyond their control has taken place, they may have recourse to the European Court of Human Rights. Article 1 says:
''Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.''
We, of course, are making national law. However, if the national law is unreasonable, people might have recourse to the European Court under article 1.