As I said earlier, there could be circumstances in which it would be inappropriate for compensation to be paid, but the framework in which I must consider the new clause is that, as the Bill states, the Government will pay compensation.

The new clause raised some specific concerns, such as the need expressly to protect common law or other existing rights to compensation. The Bill does not affect any right to compensation that the person may have by virtue of article 1 of the first protocol—the protection of property.

On the specific point about the need to ensure that compensation can be given under the regulations, I can tell the Committee that the regulations may provide for it in appropriate cases, as subsection (3) makes clear. Compensation may well be appropriate in other cases. There is nothing in the Bill to prevent it, but it is less likely. That is why the Bill concentrates on compensation for interferences with property and in circumstances where a person is required to carry out a function.

The suggestion that compensation be given as a matter of course if Parliament fails to approve the regulations is an interesting one. If the Government take action of which Parliament subsequently disapproves, it may be appropriate to consider compensation, but the regulations may have been rejected by Parliament for reasons unconnected with the provisions that have given rise to the claim for compensation; for example, the situation may have ceased to warrant the use of emergency powers. In addition, the existence of the provision might impede appropriate action in the interim between the regulations being made and their being considered by Parliament.

On the related point about the details of compensation, the Government agree that it may not always be appropriate or possible to set out the full details of the compensation scheme in the regulations. Those details may often be technical and take time to settle. However, it is unnecessary to provide expressly that the details of compensation may be set out in regulations. Clause 21(3)(a) provides that the regulations may confer a function on the Minister of the Crown or other person. That could include the function of determining the details of such a compensation scheme.