Clause 21 - Scope of emergency regulations
Civil Contingencies Bill
3:30 pm
Mr Elfyn Llwyd (Parliamentary Leader; Meirionnydd Nant Conwy, Plaid Cymru)
I am trying to investigate that. Although the Minister will refer to Pool Re in her careful way, as the Cabinet Office Minister did when he gave evidence to us, there are people who are concerned that if we take property without providing compensation, we might fall foul of the Human Rights Act 1998. That is not the case, however. Article 1 of protocol 1 states:
''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.''
International law kicks in, not the Human Rights Act. It would be illegal in international law to confiscate property for whatever reason without compensation, unless the claimant was precluded by fraud, negligence or some other hindrance, legal or otherwise.
We have heard from Liberty, Justice, academics and lawyers among others, and the overwhelming view is that the provision is worded peculiarly and that it should not be in the Bill. The Government have the last resort: if they believe that the claim is unsubstantiated, they do not pay out, and that is correct.