Part of Civil Contingencies Bill – in a Public Bill Committee at 5:00 pm on 10 February 2004.
The hon. Gentleman anticipates me. With his forbearance, I shall address exactly that point in a moment.
To ensure that emergency regulations can provide compensation in appropriate cases, the Bill provides that they may enable action to be taken in relation to property ''with or without compensation'', as paragraphs (b), (c) and (k) of subsection (3) provide. However, to answer the hon. Gentleman's question, there are circumstances in which compensation is not appropriate; for example, where the loss is insurable or where the owner's negligence is to blame. If an owner wilfully infected cattle and thereby caused a major outbreak of an infectious and communicable disease, that would be a reasonable example of a circumstance in which the Government would not have to pay compensation.
The Human Rights Act 1998 will require compensation to be awarded in certain situations. Under article 1 of protocol 1 of the convention, any interference with property rights must strike a fair balance between the demands of the community or society and the need to protect the individual's fundamental rights. Compensation will often be a key aspect of a fair balance, especially where property has been taken on a permanent basis or destroyed.