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Orders Of The Day

Volume 330: debated on Wednesday 5 May 1999

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Greater London Authority Bill

2Nd Allotted Day

As amended in the Standing Committee, further considered.

Clause 144

Abolition

4.18 pm

I beg to move amendment No. 84, in page 76, leave out line 31.

With this, it will be convenient to discuss the following: Amendment No. 35, in page 76, line 31, at beginning insert

`On the date of the first meeting of the Assembly under section 44(1) above,'.

Government amendments Nos. 85 to 92.

Government new clause 16—Transfers of LRT's property etc to Transport for London.

Government new clause 17—Functions during the transition from LRT to TfL.

Government new clause 18—Fares etc during the transitional period.

Government new clause 19—Continuity: repealed or revoked functions of LRT.

Government new clause 20—Transfer of former functions of London Transport Executive.

Government new clause 21—Dissolution of London Regional Transport.

Government new clause 22—Interpretation of Chapter XIV.

The new clauses and amendments provide for a staged transfer of functions and undertakings from London Transport to Transport for London. Mindful of the importance to Londoners of our underground system, the Government's policy will preserve the elements of the existing system that tube users value: a single public sector operating company; unified planning; the integration of services; unified ticketing; and the retention of travelcard in the public sector.

The public-private partnership will address the root cause of most problems with the network—past underfunding and underinvestment—by bringing in substantial private sector funds to improve the services, providing greater reliability; refurbished stations; improved trains; upgraded signalling; faster journey times; and greatly improved access for disabled people. There will be real local democratic accountability via the mayor, who will have ultimate responsibility for the underground.

The Government intend to hand over the underground to the mayor knowing that all those benefits have been secured. My right hon. Friend the Deputy Prime Minister made it clear on Second Reading that once the public-private partnership process was under way, the Government would see it through to completion. London Transport will remain in existence under ministerial sponsorship until the PPP contracts are let.

After 3 July 2000, for a transitional period, Transport for London and London Transport will exist in parallel. On completion of the PPP the mayor will be responsible. A full explanatory paper has been provided, setting out what will happen during the transitional period.

The Minister said that the Government's proposals ensure full democratic accountability. Is it still the Government's intention that the new governing body for London will have no say in the system for which it will be accountable?

I am somewhat perplexed by that question, because I have made it abundantly clear that after the completion of the public-private partnership, responsibility for Transport for London, which will include every aspect of public transport in London, will lie with the mayor. I can think of no greater democratic transparency or credibility than that the individual who will be responsible for London's integrated transport should have been placed in that high office by the people of London.

The Minister is still ducking the question. Will she confirm that it is still the Government's policy that the mayor and the assembly will have no say in the transport system—with the financial arrangements and those between the private and the public sector—for which they will be accountable? They will be told that they have to run it, but they will have had no opportunity to influence the arrangement that has been made.

The hon. Gentleman is leaping ahead to amendments that we will debate later. Should the PPP not have reached completion before the mayor is in office, there will clearly have to be close co-operation and consultation with the mayor. If the hon. Gentleman is attempting to refloat the argument that has informed the majority of Liberal Democrat contributions to our debate—that not the mayor but the assembly should be the executive arm of the GLA—let me repeat that it is as hollow today, given our clear commitment to the structure of the GLA, as when it was first voiced in Committee.

We have repeatedly made it clear that the PPP negotiations will not take place against a self-imposed deadline. That would obviously compromise the Government's ability to achieve best value. No one will be surprised to hear that we cannot accept amendment No. 35, which would set an arbitrary date for the dissolution of London Transport. New clauses 16 to 22 and amendments Nos. 84 to 92 will allow us to implement our policies. The new clauses will form a new chapter to part IV of the Bill: chapter XIV.

New clauses 16 and 19 to 22 are intended to replace clauses 144 to 147 in the latest print of the Bill. They allow for the staged transfer of LT's undertaking and functions to TfL. Amendments Nos. 84 to 92 are consequential and would simply remove clauses 144 to 147 and replace any references to them.

New clause 16 makes it clear that the staged transfer will be implemented under the general transfer powers in part XII of the Bill.

I am interested in the question of stages. Will the Minister comment on the suggestion in the Evening Standard of Wednesday 28 April that the delay in transferring the semi-privatised, private finance initiative infrastructure of the tube to Transport for London will cost the Treasury so much that fares will have to go up by 30 per cent. to meet the shortfall? Is that figure correct?

Neither the story nor the figure is correct. Despite what has appeared not only in the Evening Standard but in other organs of the press, such stories are mere speculation. We have made it abundantly clear that the process—a public-private partnership, not semi-privatisation or, indeed, a private finance initiative, as the hon. Gentleman implied—is on course.

If I may, I shall finish my response to the question of the hon. Member for Ruislip-Northwood (Mr. Wilkinson). The fantastic fares cited in newspapers are absurd.

The Minister says that the story, which was properly raised by my hon. Friend the Member for Ruislip-Northwood (Mr. Wilkinson), is not correct. The point is that it is not a story; it is a report by Chantrey Vellacott, a well-known and respected firm of accountants, which calculates that if the Government's plans for the PPP continue as they have set out, fares will need to rise by 30 per cent. to pay for them. There is no speculation. That is the opinion of people who know much about the subject—dare I say more than either the Minister or me?

I am perfectly prepared to accept that most people know more about this than the hon. Gentleman, but I certainly rebut the idea that I am as ignorant as he claims. It is not for me—or, I presume, the hon. Gentleman—to define a sense of pique that may rest in the bosom of one firm of accountants which had no part in the detailed examination of the proposals that informed the Government's policy on PPP. I repeat that such stories are mere speculation; they are not founded on any sort of fact; they are mere scaremongering. I wish that I were surprised that the official Opposition had participated in such scaremongering stories, but I regret that it is somewhat par for their particular course.

New clause 17 sets up a legal framework in which both London Transport and Transport for London will have the necessary powers and duties that they will need to run their respective public passenger transport services during the period when both are in existence. For the duration of the transition, London Transport, the mayor and Transport for London will also be under a duty to consult and co-operate with each other for the following transitional purposes: ensuring that public passenger transport services are not disrupted, securing the PPP agreement and transferring the property, rights and liabilities of London Transport to Transport for London. New clause 18 places a duty on the mayor to have regard to the financial and other interests of London Transport when setting the general level and structure of fares for London Transport, or negotiating the concessionary fares agreement on behalf of LT.

New clause 19 provides for Transport for London to take over LT's legal liabilities. New clause 20 is necessary owing to the eventual repeal of the London Regional Transport Act 1984, in order that Transport for London should inherit certain necessary powers from LT. New clause 21 allows the Secretary of State to dissolve LT by order when all its property, rights and liabilities have been transferred. New clause 22 defines two of the major terms used in new clauses 16 to 21. 1 commend the new clauses to the House.

I will not drag the debate down to the Minister's level.

This group of amendments relate to the transfer of London Underground to the authority. They are necessary only as a result of the shambles that the Government are in over their plans to transfer London Transport's undertakings to the new authority. They have no idea how they will get there, no idea where they are coming from, and no idea of the finished project. The Minister takes the biscuit when she says that the process is clear and easy for everybody to understand and that no one is as bright and intelligent as she is. I am sorry, but we are simply not as gullible as that.

In response to the hon. Member for Southwark, North and Bermondsey (Mr. Hughes), the Minister talked about whether the public-private partnership would be ready. The only reason why the amendments and new clauses have been tabled is that the PPP will not be ready. If she thought that it would be, there would be no need for the amendments because the transfer could be completed before the elections next year.

4.30 pm

The Minister said that the Government refuse to be tied to a deadline for the transfer because they want to achieve best value. I have to say that that is a pretty good line, but it does not fly. The Minister is not tied into a deadline because she has no idea when she will be able to reach her conclusions about setting up the PPP and when it will be transferred.

We have an awful lot to say about the PPP and its transfer, and about the nature of London Underground and its relationship with the new authority. I shall not waste the House's time by saying it all twice, so I shall save my remarks for the next group of amendments, which relate directly to the PPP rather than to the transitional arrangements.

We started considering a Bill whose original clause 144 is very simple and which states:

"London Regional Transport shall cease to exist."

We assumed that that would happen when the Bill became law, or at least when the Bill was implemented as an Act. In other words, LRT would cease to exist on the day the Act took effect. That was always the proposition, and the presumption.

In Committee, Liberal Democrat Members, with the Conservatives, explored the issue. We discovered that Alice, from "Alice in Wonderland", had walked across the Bill, in that clause 144 now meant that London Regional Transport shall not cease to exist. The reason was that the Government had decided, in the period since the Bill was published, that they would have to keep it going. We asked how long LRT would exist before ceasing to exist, but answer came there none.

The Government new clauses that are to substitute for the original—and very simple—clause 144 are hugely longer. They propose a set of transitional provisions that do not say when that transition will begin or end. As the hon. Member for Croydon, South (Mr. Ottaway) said, it became apparent that the plan had run into the sidings—or at least into a tunnel—and that the Government are not willing to reveal what is really going on.

We are willing to let the Government tell us that they are on target for the timetable set out on Second Reading by the Secretary of State for the Environment, Transport and the Regions. My questions relate to what he told us on Second Reading on 14 December, and to the Government's proposals in the amendments.

The timetable set out on Second Reading is the precondition to the public-private partnership. The Secretary of State said that London Regional Transport would be restructured in the first half of 1999 into an operating division and three infrastructure divisions. My understanding is that that has happened. He added that the aim would be to invite expressions of interest from infrastructure bidders early in 1999. It is understood that the invitation went out and that some people have responded. Will the Minister confirm that the date by which people were asked to express an interest has passed? Are all the expressions of interest that have been considered now with the Government? Even if she is not at liberty to say who has expressed an interest, will the Minister say how many such expressions were received?

I understand that the Government intend the Bill to be enacted by the summer. Will the Minister say when the Government propose to start the transfer referred to in new clause 16, which will allow the Secretary of State to set up programmes for transferring London Regional Transport's property, assets or functions? What is the first date for such a transfer?

Can the Minister say what is the last date by which the Government intend London Regional Transport' s property, obligations, assets and so on to be transferred?

I am not willing to take that bet because I do not believe anyone could win it. I understand, but I am willing to be proved wrong, that the Government do not yet know.

Government new clause 21 says that LRT will be dissolved by the Secretary of State when he or she is satisfied that all functions have been adequately transferred. Does that mean under the current Government? Would it be in the next Government's period in office, or the one after that? Does it require the Labour party to be in office for a generation, or two? May we have some idea?

To their credit, the Government faced the electorate on certain specific pledges. For example, taking 100,000 off the waiting lists was an early pledge. We are still waiting,

as it has not yet been quite delivered, but other pledges were made, and all of them were given time frames. What is the time frame for this one?

Finally, I was not surprised to hear the Minister say that she was not minded to accept amendment No. 35. We took a simple view that anyone who believed in devolving power and responsibility for London transport to the new government for London should transfer responsibility to that new government once it had been set up. There is nothing complicated about that idea. It resembles tomorrow's Scottish elections, in that the plan is that once the people of Scotland have voted for their Parliament, power over a range of matters will be transferred to Scotland in a few weeks, which the Liberal Democrats welcome. The same applies in Wales.

We had understood, naively perhaps, that when the Government said that they would, from next July, set up a new Greater London assembly, then once elected, the new mayor and deputy mayor would assume responsibility. When London government returns next year it will be welcome because many of us believe that there should be democratic government. However, will it or will it not take on responsibility then for London transport?

If the answer to that question is no, a whole raft of proposals for the work that the London government will do will become theoretical. It will have work to do, but the proposition that it will take over transport clearly will not come to pass. If the Government cannot tell us by which date the new underground system will be handed over—whether or not the new mayor and assembly should have a say in its form—the election campaign will be interesting. Mayoral candidates will produce policies for running a transport system that they may not be able to run during their entire term of office.

That is Alice in Wonderland politics. People are invited to stand for election to run London transport, but may not be given that prize before leaving office four years later. That is nonsense. The Government would do us all a service by loosening the apron strings and not being the nanny state. They must allow the mayor and the assembly, whoever they are, to take responsibility and to be accountable. If they do a wonderful job, they will be applauded. If they do a bad job, they will be kicked out. But if we are to have devolution, let us have it, not never-neverland, say-one-thing-and-do-another politics that replaces the simple proposition that LRT will go with clauses saying that it might be with us for the rest of our lives.

Only rarely do I agree with the hon. Member for Southwark, North and Bermondsey (Mr. Hughes). Rather more often, I agree with my hon. Friend the Member for Croydon, South (Mr. Ottaway). Today, I may speak briefly because they have spoken exactly as I would have wished to. The amendments would transfer responsibility from "London Regional Transport" to "Transport for London". It is no great radical leap in terms of the words used.

I accept what the Government intend to do, but I do not agree with it. Of all the amendments that have ever been proposed to a Bill, these Government amendments represent the most radical changes to the Bill as originally published. Vast changes are to be made to the Bill that the Government presented to the House: almost every amendment begins, "Leave out", and proceeds to delete chunks of text, in addition to which there are seven new Government clauses in this group. Talk about politics on the hoof—the hon. Member for Southwark, North and Bermondsey might have got lost in the tunnel, but the train appears to have gone off the rails.

The reason is simple: the Government realise that investment in London's transport is desperately needed, even though, goodness knows, investment increased dramatically under the previous Government. In the 1970s, the average level of investment in London transport was less than £50 million a year, whereas in the 1990s, the average was more than £500 million a year, and the figure is even higher today—but, whatever the sum, it is never enough. The reason for that is chronic underinvestment—especially in the underground system—during the 1950s and 1960s, when fewer people started to use the underground.

The only practical, realistic way in which to get investment for the London underground system—indeed, for London's transport as a whole—is privatisation. However, the Government do not like the word "privatisation" and, because their pre-election speeches were all about what an awful thing privatisation is, for the past two years they have been desperately searching for an alternative form of words that will enable them to get what they want without having to announce it to the country. Instead of "private finance initiative", they have come up with "public-private partnership". However, I have to tell them that, if the public-private partnership does not have control over assets, it will not put in the investment—it is as simple as that.

To return to the theme that I introduced yesterday, it is clear that what has been devolved to the people of London is a sham. The hon. Member for Southwark and North Bermondsey—sorry, the hon. Member for Southwark, North and Bermondsey; I suffer from dyslexia at this time of day—was absolutely right to say that there is to be no real devolution to the people of London. He mentioned that the Scots would be voting for their new Parliament tomorrow. The population of Scotland is 5 million, whereas there are 7 million people in London, but what the Government are not devolving to London is an insult when seen in comparison with what is to be devolved to the people of Scotland. London devolution is a sham—the Government's policy is all shadow and no substance. I support my hon. Friend the Member for Croydon, South in resisting the amendments.

Mr. Deputy Speaker, I wish that you had been in Committee when the Government dropped the bombshell that London Regional Transport would have to continue and that Transport for London could not assume the assets of London Transport underground because the public-private partnership, on which had been predicated all the Labour Government's fine plans for modernising the tube, would not now or in the foreseeable future go ahead. That little statement was slipped into our proceedings, and the Minister might have been surprised at the uproar that it caused. However, the fact that the uproar was justified can be seen in the scale and scope of Government amendments Nos. 84 to 92 and, above all, Government new clauses 16 to 22. As my hon. Friend the Member for Chipping Barnet (Sir S. Chapman) so eloquently explained, there can be few occasions in recent parliamentary history when such vast tracts of a major Bill have had to be completely rewritten. More than that, the Labour party's manifesto for London at the general election should have been rewritten. It is demonstrably a fraudulent document.

4.45 pm

On transport matters, I think that The Times is normally fairly sympathetic to the Government's transport proposals. In an article in the business section on Tuesday 4 May, it postulated that the tube sell-off faces delay until after the next general election. The article written by the transport correspondent, Arthur Leathley, states:
"The sell-off of London Underground is now so badly bogged down in a funding row between the Treasury and the Department of Transport and doubts over the availability of private finance that it will almost certainly have to be delayed until after the general election."
The article continues:
"Officials now concede that the private sector cannot take over the project until at least the spring 2001. But this is viewed by many observers as the likely date of the general election."
That is a year after the election for the Greater London Authority. As the hon. Member for Southwark, North and Bermondsey (Mr. Hughes) said, the election campaign will be transformed by this fact, with candidates postulating policies for a potentially nugatory role. We are talking about the Greater London Authority integrating London's transport, including the tube; manifestly, in respect of the underground services, it will not be able to carry that out.

Notwithstanding that background, transitional arrangements are set out in the new clauses. I am glad that this is so. However, I think that the general public will be more worried about the funding gap than technical transitional arrangements. The failure in finding private finance means that the taxpayer will have to pick up the tab. It was imagined that leases of 25 years for the running of the tube's infrastructure would allow modernisation to take place over the first 15 years, and that private sector moneys would be available. Those moneys will not be available. The Treasury subsidies will be withdrawn from the beginning of the next financial year. They amount to about £350 million, and are badly needed by the underground management.

Who will make good the difference and see through the transition which will lead eventually, one hopes, to the assumption by Transport for London of its rightful role, ultimately taking responsibility for the tube? If the answer is the travelling public, they will be extremely upset. Conservative candidates will certainly highlight the additional risk that London commuters will have to pick up the tab in the election campaign unless the Government are able to say now that the Treasury will make good the difference and that the fears of some of us are wholly unrealistic.

There is one ray of hope which may change the transition schedule. It is the suggestion that I have read in the press today that Railtrack will assume responsibility for the running of the infrastructure of London Transport underground. If that is the case and a white knight such as Railtrack is to emerge at the 11th hour, I suppose that that is potentially good news. However, such a move would take away the element of competition that we had imagined was at least possible under the Government's arrangements. It will be a monopoly system. Whether that accords with what the Government have in mind, only the Government can say.

It is clear from the Report stage today that the Government have let the electorate of London down on one of the foremost elements of their 1997 election campaign. For the past two years, until the Standing Committee proceedings in March, the Government have not come clean and admitted that the transfer of the underground to Transport for London will not take place in the foreseeable future. Even now, the Government cannot give a date when Transport for London will assume the responsibilities that everyone expected it to take over on 3 July 2000. That is an admission by the Government of their failure to be candid with the electorate and to administrate on a central plank of their transport policy for London.

I am grateful to my hon. Friend for giving way, as he is developing a powerful case. Is not the situation especially serious in the light of the 36 per cent. increase in tube breakdowns since the general election. and the 20,000 breakdowns on the London Underground tube network over the past 12 months alone?

As ever, my hon. Friend has the facts at his fingertips. The House is grateful to him for the knowledge that he brings to these matters. The figures that he quoted demonstrate how essential is the new investment that the Government promised would occur through the public-private partnership. That will not happen unless the Treasury provides the funds. There is no indication in any Government document that I have seen from the Treasury, in any of the press speculation or in any of the commentaries in the transport press that the Exchequer is prepared to make good the difference.

That being so, the network will continue to deteriorate, the breakdowns will become more numerous and possibly more severe and, above all, the passenger is likely to have to pay more. That is the end result of Labour Government failure. The travelling public should be aware of the facts, and I am glad that we have had the opportunity to make plain these unpleasant realities.

That was one of the most fascinating contributions that I have been privileged to hear in the Chamber. Member after Member of the official Opposition expressed bemusement at the Government's proposals with regard to the transition from London Transport to Transport for London. I find it hard to believe in their bemusement, as my right hon. Friend the Deputy Prime Minister stated in the House on Second Reading that there would indeed be a transitional period.

The hon. Member for Croydon, South (Mr. Ottaway) clearly does not understand the complexity of the London underground. We are not selling a train set. We have the dread lesson of the experience of watching his Government enter into rail privatisation. They were so driven by a date, and by the desperate desire to offload a problem that they had neither the imagination nor the energy to tackle, that they cost the country billions of pounds. They sold off national assets for a fraction of their real worth, they fragmented an integrated railway system into 100 separate operations, and now they have the audacity to suggest that we should follow that disastrous example in pursuit of an empty date.

Our objective is to provide the best value and to ensure that adequate funding to modernise London's underground is brought into place, after more than a decade of lamentable stewardship by the previous Administration.

The hon. Member for Southwark, North and Bermondsey (Mr. Hughes) expressed similar bemusement. I have a clear recollection that he was in the Chamber when my right hon. Friend the Deputy Prime Minister made his statement. The hon. Gentleman asked questions with regard to the state of the public-private partnership. I can tell him that there have been no expressions of interest, and none has been invited. There have been no invitations for pre-qualification. There has been great interest from the private sector, as I have had occasion to say before in the House.

I also took on board the hon. Gentleman's point about Alice in Wonderland, because I was strongly reminded during his contribution of the White Rabbit desperately consulting a watch and crying all the time, "I'm late, I'm late!" He also seems to believe that the Government should be driven by some artificially imposed end date. That is not the way to produce the best possible value and the best possible results for the people of London in respect of the underground.

All official Opposition Members who spoke were bemused at what the situation will be, but the Government, through the statement made by my right hon. Friend the Deputy Prime Minister on Second Reading, made that abundantly clear. However, the hon. Member for Chipping Barnet (Sir S. Chapman) was quite right. We are introducing radical and reforming changes, and there is a clear and desperate need for investment, as I have already had occasion to say, because of the previous Administration's lamentable stewardship of London Underground and because of their grievous lack of investment for at least a decade-not because of a lack of investment between the '50s and '60s. If I remember correctly, the core funding for London Underground was halved in the 1996 Budget.

Nor do we come new to the idea of public-private partnership by virtue of being in government. My right hon. Friend the Deputy Prime Minister has been advocating public-private partnership for a considerable number of years—since well before the 1997 election.

The hon. Member for Chipping Barnet said that our proposals were a sham. I must tell him that the people of London voted for what the Government propose and they do not perceive our proposals as a sham. They perceive that there has to be a means of attracting adequate investment to ensure that the tube, which is one of the arteries of London, can maintain its proper place in moving them around this great city.

All I ask the Minister to do when she returns to her Department is check out the facts. In the 1970s, the average investment in London Transport as a whole—90 or 95 per cent. of which went on the London underground—was under £50 million a year. The Conservative Government brought that figure up, from 1979 to the 1990s, to £500 million a year or more. Indeed, the figure was about £750 million when we left office. Does she remember that? If she is disparaging what she calls the "lamentable" performance of the previous Government—that beggars belief—what on earth would be her epitaph for the previous Labour Government?

Will the Minister remember one other thing? She condemns the way in which we privatised the railways, but does she admit that, thanks to privatisation, the fares of the railway companies are less in real terms than they were before privatisation? The fares on the London underground have gone up way beyond inflation.

The most recent fare rise on the London underground was not way above inflation. I believe that it was 3 per cent., which is a marked contrast to the fare increases under the previous Administration. From 1986 to 1996, fares rose by an astronomical 38 per cent. in real terms.

The hon. Gentleman referred to the investment made by the previous Government; the core funding figures from 1994 to 1997 show £399 million, £462 million, £251 million and £175 million. One of our first acts on taking office was finding an additional £365 million for London Underground, which ensured for two financial years that it had more than £1 billion to carry out necessary modernisation and the rolling back of necessary work on the underground. The failures of the previous Administration meant that, year on year on year, London Underground had been incapable of doing such work—it was impossible for it to plan.

Will my hon. Friend confirm that the investment figures quoted by the Opposition include investment in the Jubilee line and investment required to resolve the problems arising from the King's Cross disaster?

5 pm

My hon. Friend is entirely right. The figures that I just read out, to stunned silence on the Opposition Benches, exclusively related to the core funding. They excluded the Jubilee line extension costs to which my hon. Friend referred.

The Minister has taken just one particular part of the funding. If she looks at the total funding, she will find that the figures are very different from those that she quoted. Will she confirm that, for the 10 years from 1987 to 1997, the previous Government invested an average of some £700 million per annum, whereas, under the Labour Government, the average has been £500 million?

The hon. Gentleman can move the figures backwards and forwards as much as he likes; the fact remains that the core funding over the period to which he refers was reduced by the previous Administration. The proof of the pudding is in the eating. One has only to look at the state of the London underground when we came to office. Over 18 years, no major improvements were made in the core investment necessary to maintain one of London's vital arteries.

It is important that we clarify this point, and I can think of no better authority than the Department's annual report for 1999. May I draw the Minister's attention to paragraph 13(d) on London transport investment? Unfortunately, the figures start at 1993–94 and run for the six years to 1999–2000. I say "unfortunately", because the figures would be even more impressive if they went back further than 1993. In 1993–94, the core business was £520 million; in 1994–95, it was £554 million; and, in 1995–96, it was £589 million—compared with the figures for 1998–99 and 1999–2000, which were £394 million and—

The intervening years were better still: 1996–97 was the only year in the last decade when that figure fell below £400 million.

My hon. Friend the Member for Mid-Bedfordshire (Mr. Sayeed) is absolutely right. The level of investment over the past decade has been, on average, £700 million per annum. The source for that information is the submission by London Underground to the Select Committee on the Environment, Transport and Regional Affairs. The Minister is responsible for London Underground, but she may not know what her own organisation is saying.

Order. The amendments are on the specific subject of transition, but we are now discussing investment, funding and the record of previous Governments. There must be a narrower discussion on the amendments before us.

Thank you, Mr. Deputy Speaker. May I simply say that, if the previous Administration were so committed to maintaining and modernising London Underground, I find it somewhat surprising that their only response was to sell it off?

The hon. Member for Ruislip-Northwood (Mr. Wilkinson) referred to the speculative stories that have been appearing in the London press. He referred in particular to one in The Times. I am sure that he is aware that it was virtually a rerun of a similar speculative story that appeared in the Financial Times several weeks ago.

The hon. Gentleman was also much concerned about what he perceives as a funding gap before the public-private partnership for London Underground is completed. We have made it abundantly clear, both inside and outside the House, that we are cognisant of the importance of London Underground and would never, ever allow it to fall into what Opposition Members have called a black hole.

The phrase "a black hole" has a resonance with the general public, who are genuinely and rightly concerned. Did the Minister not admit in the Standing Committee that, for the transitional period at least, passengers on the London tube would have to continue to pay fare rises over and above the rate of inflation? She said that that would be the case for the foreseeable future—we have no date.

What will happen during the transitional period between the assumption by the Greater London Authority of its responsibility and the assumption by Transport for London of its intended responsibility for London Transport underground? The Exchequer has made no provision for the necessary investment. Does she have any figures with which she can reassure the House and the travelling public?

That is not what I said in Committee about fares. I referred to the fare modelling on which the public-private partnership was based, and said that the modelling assumed a fare increase of the retail prices index plus one for the years 2000 and 2001 and, after that, the assumption was RPI plus zero. The general public in London can be in no doubt about the importance that the Government attach to London Underground. The hon. Gentleman is incorrect to say that the public are fearful.

One of the first actions that we took when we came to office was to provide an additional £365 million for London Underground. There is no way in which we would not continue to ensure that this vital part of London's public transport system serves the people of London. It will be the mayor's responsibility to set fares.

The hon. Gentleman also referred to a story that has appeared in the newspapers about Railtrack—it is again somewhat fantastical. It is interesting that that story has prompted a statement from the TubeRail Consortium, which says:
"TubeRail remain as committed now to the London Underground PPP process as we have since it started—along with a number of other consortia.
We have some very innovative proposals which will bring real benefits to London's passengers as well as offering best value to the taxpayer.
Like the Government we believe strongly in a competitive process which will ensure the real value of bidders' proposals is properly tested. A single hid for the network would not deliver that."
The TubeRail Consortium comprises Alstom, Amec, Brown and Root and Tarmac Construction.

I do not know how near the Minister is to the end of her speech, and I assume that she will deal in a minute with the specific questions that I asked her about the beginning and the end of the transition. I want to make sure that she will give us an answer on a matter that she touched on. She said that no expressions of interest have yet been sought. On 14 December last year, the Deputy Prime Minister said:

"The aim will be to invite expressions of interest from potential infrastructure bidders early next year."—[Official Report, 14 December 1998; Vol. 322, c. 630.]
What is now the timetable, given that we are in May and, by most definitions, "early next year" must be running out?

The hon. Gentleman clearly enjoys playing the White Rabbit. He is obsessed with time. Every time he gets to his feet, all he needs is the prop of the watch. I shall repeat what I said to him earlier: there have been no invitations from anyone to anyone for expressions of interest. The process is one of pre-qualification. The first stage of pre-qualification will be due later this spring. London Transport published a progress report on 15 March, and I repeat that there is great private sector interest in the public-private partnership. I have just read out the statement made today by TubeRail.

If I may, I should like to finish responding to the hon. Member for Southwark, North and Bermondsey. We have made it abundantly clear that we will not be driven by an artificial date; we will be driven only by that which is in the best interests of the public and will deliver best value.

The Minister says that she will not be driven by an artificial date, but a date is already specified in the proposals: that date is May 2000. According to Treasury figures, there will be no subsidy after May 2000. The fact is that the Government are well behind their plans for public-private partnerships. If PPP does not come about by the specified date, how will the Minister fund the tube?

May 2000 is important because that is when the mayor and the assembly will be elected in London. The hon. Gentleman should note that we are discussing amendments and new clauses that will bring about the transition from London Regional Transport to Transport for London. There is no date for when PPP will be completed, because, as I have said, the Government will not be driven by the artificial end dates that, as far as the people were concerned, proved such a disaster under Administrations hell-bent on rail privatisation.

No.

Those end dates cost the people an enormous amount. They were a gross waste of national assets. This Government are driven by a wish to provide best value for the taxpayer, and they will deliver the best of all possible values in terms of investment in London Underground.

If the Government are untroubled by dates, why, at the end of last year, did the Deputy Prime Minister blunder into talking about invitations for expressions of interest early this year—and why is it now necessary for his junior colleague to rescue him?

My right hon. Friend the Deputy Prime Minister never blunders. I do not understand what the hon. Gentleman is talking about.

I believe that I have answered all the questions put to me. I commend the amendments and new clauses.

Amendment agreed to.

Clause 145

Transfer Of Property Etc To The Authority

Amendment made: No. 85, in page 76, leave out lines 32 to 39.— [Mr. Dowd.]

Clause 146

Transitional Provisions

Amendment made: No. 86, in page 76, line 40, leave out from beginning to end of line 23 on page 77.— [Mr. Dowd.]

Clause 147

Construction Of References In Local And Personal Acts

Amendment made: No. 87, in page 77, leave out lines 24 to 26.— [Mr. Dowd.]

Clause 171

Ppp Agreements

I beg to move amendment No. 79, in page 88, line 1, leave out from beginning to end of line 16 on page 98.

With this, it will be convenient to discuss the following: Amendment No. 22, in page 88, line 24, leave out 'must not' and insert 'may'.

Amendment No. 23, in page 88, line 25, leave out 'must not' and insert 'may'.

Amendment No. 24, in page 88, leave out lines 27 to 29.

Government new clause 37—The PPP arbiter.

Government new clause 38—Terms of appointment etc of the PPP arbiter.

Government new clause 39—Staff of the PPP arbiter.

Government new clause 40—Directions of the PPP arbiter.

Government new clause 41—Guidance by the PPP arbiter.

Government new clause 42—Duty of PPP arbiter.

Government new clause 43—Further powers of the PPP arbiter.

Government new clause 44—Provision of information to the PPP arbiter.

Government new clause 45—Immunity of PPP arbiter.

Government new clause 46—Expenses of the PPP arbiter.

New clause 3—Funding and Management of London Underground
`The Mayor shall not be bound by any Public Private Partnership entered into by London Regional Transport or Transport for London and shall be free to enter into any method of funding and management of London Underground including a long lease of management, maintenance, replacement of rolling stock and operation to a private contractor.'.
New clause 5—Public interest company if PPP agreement not signed

`(1) If no PPP agreement has been signed by 1st July 2000, the Mayor and Assembly shall be permitted to establish a public interest company as defined by subsection (2) below.
(2) In this Chapter "public interest company" means a company—
  • (a) a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (i) to (iv) below;
  • (i) any Minister of the Crown, Government department or other emanation of the Crown;
  • (ii) any local authority;
  • (iii) any metropolitan county passenger transport authority;
  • (iv) any body corporate whose members are appointed by a Minister of the Crown, a Government department, a local authority or a metropolitan county passenger authority or by a body corporate whose members are so appointed;
  • (b) in which the majority of the voting rights are held by or on behalf of any of the bodies or persons in subsection (2)(a) above;
  • (c) a majority of whose board of directors can be appointed or removed by any of the bodies or persons in subsection (2)(a) above;
  • (d) in which the majority of the voting rights are controlled by any of the bodies or persons in subsection (2)(a) above, pursuant to an agreement with other persons; or
  • (e) a subsidiary of a company falling within subsections (a) to (d) above.
  • (3) The public interest company may borrow money for investing in transport in Greater London.'.

    New clause 9—Public interest company if PPP agreement not signed(No.2)
    '.—(1) If no PPP agreement has been signed by the date of enactment of this Act, the Mayor and Assembly shall be authorised to establish a public interest company as defined by subsection (2) below to take over from London Underground Limited.
    (2) In this Chapter "public interest company" means a company—
  • (a) a majority of whose issued shares are held by or on behalf of any of the bodies or persons falling within paragraphs (i) to (iv) below:
  • (i) any Minister of the Crown, Government department or other emanation of the Crown;
  • (ii) any local authority;
  • (iii) any metropolitan county passenger transport authority;
  • (iv) any body corporate whose members are appointed by a Minister of the Crown, a Government department, a local authority or a metropolitan county passenger authority or by a body corporate whose members are so appointed;
  • (b) in which the majority of the voting rights are held by or on behalf of any of the bodies or persons in subsection (3)(a) above;
  • (c) a majority of whose board of directors can be appointed or removed by any of the bodies or persons in subsection (3)(a) above;
  • (d) in which the majority of the voting rights are controlled by any of the bodies or persons in subsection (3)(a) above, pursuant to an agreement with other persons; or
  • (e) a subsidiary of a company falling within subsections (a) to (d) above.
  • (3) The public interest company may borrow money for investing in transport in Greater London.'.

    If anything illustrates the ideological battle at the heart of the Government, it is the delay, dither and lack of policy on London underground. The Government have learned how to use the language of the marketplace; they have learned how to pay lip service to the value of the private sector; but, when it comes to the crunch and they have to face up to tough issues such as the future of London underground, they chicken out and return to their old Labour roots.

    What party on earth other than the Labour party promises improvements to London underground in its manifesto, and then comes up with a scheme that offers less investment than was offered by their predecessors, and says that the solution is to leave London underground in the hands of its present management?

    As my hon. Friend the Member for Buckingham (Mr. Bercow) said, the standards of London underground are slipping, and the problems have become increasingly acute during the past two years. The Department's own figures state that in 1994–95, more than 16,000 delays were caused by faults in rolling stock. That figure fell over the next few years, before rising to more than 20,000 this year. Signal failures are up, as are other track faults; breakdowns and signal failures are daily occurrences. Poor conditions, delays and people missing connections are a fact of life, and the Government are taking no positive action to improve the situation.

    Since taking over the underground, the Government have cut investment. Table 13.d of their own annual report, to which I referred when we were discussing the previous group of amendments, shows a sharp fall in London Transport investment. As my hon. Friend the Member for Mid-Bedfordshire (Mr. Sayeed) pointed out, no investment has been announced for next year, and the Treasury is ordering the Deputy Prime Minister to take the money out of the road maintenance programme.

    5.15 pm

    In their last decade in office—which is increasingly looking like a golden era—the Conservative Government invested, at today's prices, £8 billion. We were the first to admit that that was not enough, and that we needed to bring in the private sector to secure extra investment. What is this Government's answer? A public-private partnership which will introduce £7 billion over 15 years. That is half a billion pounds a year, and about the same level of funding that the Government are providing at present as a temporary measure.

    Why do the Government not admit that their plans for PPP are in a mess? As all the contractors involved are deeply wary of the Government's intentions, it now looks increasingly likely that the plan will not be up and running when the mayor takes office next summer, and quite likely that the funds will not be flowing by the summer of 2001. My hon. Friend the Member for Ruislip-Northwood (Mr. Wilkinson) referred to a story in The Times yesterday, headed
    "Tube sell-off faces delay until after next election".

    A whole Parliament will have gone by, and the Government will have failed to deliver on their pledges. The reason for their inability to deliver on their pledges is their inability to embrace the private sector, and to use it whenever necessary or whenever it can help.

    It is well worth making a comparison with the privatised railways. The railways carry only a few more passengers per annum than the underground, but the differences in proposed levels of investment are startling. The state-owned underground can expect £7 billion over the next 15 years if it is lucky, and fares are rising. A recent report by the chartered accountants Chantrey Vellacott, which was mentioned earlier, suggested that fares would have to rise by 30 per cent. to pay for the PPP. On the other hand, privatised rail fares are falling, and no less than £27 billion of investment has been pledged for the next 10 years.

    I shall deal with the question of performance shortly; but what a contrast that is. The Government, however, say that PPP is the best way of attracting investment. Labour Members nod: they believe that. But what do others say? The London school of economics is not a stupid organisation. In a report prepared with the respected transport economists Glaister, Scanlon and Travers, published on 20 March, it says:
    "The Government's plan for the Public Private Partnership…for the Underground is flawed in principle, and impracticable. The long-term capital needs of the Underground are of paramount importance to London and to the future of its economy. Before it is too late, the Government should alter its plans and modify the GLA Bill to allow the new Mayor and Assembly the freedom to choose the best solution from amongst a range of available alternatives."

    I am still quoting. The report continues:

    "It is now apparent that the PPP as proposed will meet few of the promises made when it was announced exactly one year ago. The PPP threatens to impose burdensome long term pressures on Underground operating revenues, including the prospect of continually rising fares, in order to pay back up front investment by private contractors."

    The hon. Gentleman is quoting rather selectively from the academics' publication. If he read other parts, he would see that they back the idea of a public interest company, proposed by the Liberal Democrats and others in the capital. What they do not back is the privatisation option favoured by the Conservatives.

    The hon. Gentleman says that I am quoting selectively. In fact, I have quoted the first two paragraphs. He is right in saying that the report suggests a number of options, but one is a long-term lease of the underground to a single contractor. I shall say more about that.

    I accept that, but a long-term lease to a single private contractor over, say, 99 years is not far off being a full-scale privatisation.

    Will the hon. Gentleman confirm that the option that he has just described is not the favoured option in the report? The favoured option is a public interest company.

    I do not read that in the report. The academics do not express a favoured option; they put forward a number of options on an equal basis. I am sure that the hon. Gentleman will get the report out and quote it in his speech.

    The Government are failing in an ideological logjam. All the evidence of the past two decades is that privatisation works. All the companies that used to be at Labour's
    "commanding heights of the economy"
    are performing better in the private sector than they were in the public sector. It was not all straightforward, but no one suggests that companies such as British Airways, British Gas and the electricity boards would perform better back in the public sector. As the investment level in the railways comes through, the Government will soon be taking the credit for the performance of the railways as well; indeed, the language already seems to be moderating. Therefore, we urge the Government fully to embrace the private sector for London underground and to involve it in operations, as well as the infrastructure and management.

    The annual report for 1999 from the Department of the Environment, Transport and the Regions continues to make interesting reading. Against the background of falling investment that I have described, it says at paragraph 13.8:
    "The Government is setting London Underground quality of service targets to 2000–01…At the time of writing, London Underground was on target to meet three out of nine quality targets".
    That is getting a bit off message. Such glossy documents are meant to be new Labour spin. If it thinks that failing on six out of nine quality targets is a success story, it has another think coming. The real point is that London Underground is currently making an operating profit of £250 million a year. If it can do that under the present management, while failing on two thirds of the quality targets, think what the private sector could do if the Government could get rid of their dogma and let it run the underground in the way in which it runs many former public services.

    It is possible to make London underground viable; I know that the Government have trouble believing that. They said that privatising the railways would not attract investment. They were wrong, and they are wrong on their public-private partnership.

    The Government will hang on to London underground until they have set up their PPP, but buses and roads will be transferred to the mayor next summer. It will be the first time since the 1920s that the buses and the underground have been under different management. It is not an integrated transport policy, but a disintegrated transport policy. The public are becoming increasingly aware of it.

    The worst thing—it is a further point made by the London school of economics—is that the mayor will have no say in the best way in which to run the underground. In response to interventions from the hon. Member for Southwark, North and Bermondsey (Mr. Hughes), the Minister said that, if the PPP was not ready by the time of the election, it was inevitable that the mayor would be involved. That does not seem to be a pledge of any sort, or perhaps I have read it wrongly. [Interruption.] The Minister says that it is a pledge.

    The hon. Gentleman clearly misheard what I said from a sedentary position. It has been abundantly clear to everyone who takes an interest in these issues that we have consistently said that, if the PPP is not concluded by the time the mayor takes office, as the mayor will eventually be responsible for the underground, clearly, the mayor will be involved in the discussions on the PPP.

    What happens if the mayor has campaigned on a manifesto pledge not to accept the PPP?

    I should think that any candidate who campaigned on a pledge not to ensure that the relevant levels were invested in the underground, to transform it into the modern underground that London needs, would stand little chance of winning the favour of the people of London.

    The Minister is in for a big surprise. The people of London will not welcome a £7 billion debt being landed round their necks, with the Deputy Prime Minister walking off into his next job and saying to the people of London, "You pay for it over the next 30 years." In Committee, the Minister said that she would be proud to introduce a congestion charge. No doubt she would be proud to lumber London with a £7 billion debt, but she has not answered my question: what would happen if the mayor were committed to a pledge not to accept the PPP?

    I say again: I cannot believe that any serious candidate for the mayoralty of London would turn away from the only certainty of securing the relevant level of investment, over a sustainable period, to ensure that the underground could be modernised.

    I know that the Minister is a wise and intelligent person, but just suppose for a second, on that narrow issue, that she is wrong. Let me soften the line slightly. Let us suppose that a mayor is elected who is not opposed to the PPP and who is committed to a transfer, but on different terms from those that have been proposed by the Government. Is the Minister saying that she would override the mayor, or that he would have the last word? Who would have the last word in those circumstances?

    I have tried to shield the hon. Gentleman from the painful truth, but it is highly unlikely that anyone other than a Labour candidate will be elected as mayor for London. It is impossible to conceive of any Labour candidate not endorsing that imaginative and productive policy.

    If a Minister ducks a question three times, it is clear that she does not know the answer. Frankly, she should not come here unless she knows the answers. She should brief herself better before she comes here. It is almost as bad as yesterday, when she said that a passenger in a taxi could order a taxi driver to put out his cigarette. There seems to be no evidence for that; she has not produced any. She just makes statements off the top of her head without thinking about it and without any background, support or information whatever.

    Does my hon. Friend conclude that what the Minister has now confessed publicly is that the form of the Bill that the Government are offering the House will not cater for some of the most likely outcomes of the election? Does he agree that that puts London in a most dangerous and unpredictable position, and means that we cannot now sensibly deal with the future of the underground?

    My right hon. Friend is right. We have absolutely no idea where the Government are going. London underground is not a tin-pot organisation; it is a substantial part of London's economy. The Government have no vision, no idea, and no future for London underground which is coherent in any sense.

    In our judgment, the mayor should have the last word. What the Government are proposing, with their interim transitional plans, is to negotiate a PPP, and then to dump it on to the people of London and walk away from it. As I have said, it is a £7 billion millstone hanging from the neck of the people of London.

    There is a fourth way. The Government should consider pursuing a long-term leasing arrangement for London underground as an integrated operation with one private sector firm. There is a precedent for that: Eurotunnel has a lease on the channel tunnel until 2086. That was not negotiated by a Conservative Government; it was agreed by the present Government in December 1997. It is a model that would work admirably on the underground, with the authority as the landlord imposing terms in the lease, and with a regulator to keep an eye on performance. That is one of the many ways in which the potential of the private sector could be fully realised for the benefit of London underground. Best of all, that solution would impose no financial burdens on the new authority, it would satisfy the Treasury and would benefit London as a whole.

    Last year, the Transport Sub-Committee looked at the Government's plans for a public-private partnership and described them as a "convoluted compromise". We have no reason to believe that the Committee was wrong. A PPP is not the best way forward. It must be dawning on the Government by now that they have got it wrong.

    5.30 pm

    The hon. Member for Croydon, South (Mr. Ottaway) started by talking about ideology and then exhibited a great deal of it. He wants to scrap the Government's proposals, which are really about countering the chronic under-investment in London underground during the Tory years. His solution in the amendment is wholesale privatisation, which simply negates the public service nature of the London underground. Only profit would matter. A few choice lines would run and the rest would be scrapped, regardless of public interest. The system would be unreliable and decline. Privatisation has already been thoroughly rejected by the London public, especially the travelling public.

    Only last week, the right hon. Member for Hitchin and Harpenden (Mr. Lilley) said that the Conservative party wanted to change the public perspective of it as being about privatisation, particularly in terms of essential public services. Like that famous lager, he has not reached all parts, certainly among the shadow Transport spokesmen. At their first test, the London underground, their solution is wholesale privatisation. The hon. Member for Croydon, South should speak to his right hon. Friend on that point. I want to take this opportunity to read into the record some serious points made by the Capital Transport Campaign, to which I hope the Minister will respond. Louise Hudson, a campaigner and researcher for that good organisation, referring to the Greater London Authority Bill and the London underground, said:
    "Capital Transport Campaign has become increasingly concerned during the past few months that the current proposals for the funding of London Underground will not meet the funding requirements of London's most heavily used public transport service. In addition, the proposals have not taken into account the findings of the Environment, Transport and Regional Affairs Committee's investigation into London Underground published in July 1998.
    The Government grant to London Underground ceases in April 2000. The proposal is that the public-private partnership will provide over £7 billion over 15 years. That is less than the Underground is getting now. In addition there is the question of what will happen when the Government grant ceases. This will occur prior to the securing of extra revenue through the PPP.
    The deal for the Underground will be struck between the Government and the private sector. This will happen prior to the establishment of the Greater London Authority. Fifty one per cent of respondents to a recent London First business survey said that the Underground was the most important transport issue for the GLA. With this in mind the Mayor is likely to be judged on whether he succeeds in delivering an improved Underground service. Capital Transport Campaign is concerned that under present plans the Mayor will be scapegoated. The Mayoral candidates will have no idea of the nature of the contracts being negotiated. However, the Greater London Authority will have to pay back the private contractors their £7 billion, plus interest. The only way to raise this money is:
  • 1. Through raising fares
  • 2. Through road pricing
  • Since most people who travel to work in central London travel by public transport, often those using the car do so out of necessity. They will ultimately pay for the public-private partnership along with the fare paying passenger who has already endured above inflation fare increases for a number of years.
    With all this in mind we believe that if the PPP does go ahead then the Mayor and Transport for London should have access to Government funds. This will enable them to secure revenue for the Underground when the Government grant ceases or if the PPP is likely to make unnecessary demands on the Mayor's revenue stream. If extra revenue is not forthcoming then it is unlikely that enough money will be available for projects such as the step free access programme for the Underground. High road charges, above inflation fare increases and an inaccessible public transport system will ultimately lead to social exclusion."

    I am sorry to have had to read that submission into the record, but those are important points that need to be addressed. I would be interested in the Minister's response. As the letter says, the Select Committee on the Environment, Transport and Regional Affairs said that the mayor could come under pressure to combine a cut in services with a hike in fares should there be a gap between income and fares, and payments to contractors. It called for fare increases to be capped and for the Government to clarify whether, in the event of a funding gap, they would make money available.

    I welcome the Minister's statement that the Government would not let London underground fall into a black hole. I should like the Minister, if not today at some other point, to expand on that and give greater assurances.

    Reference has been made to the article in The Guardian today which spoke of Railtrack possibly putting in a bid for London underground. The same article states:
    "Mr. Prescott had originally planned to let the private sector take over the Underground's track and signalling systems by next April, and no subsidy was set for 2000–2001."
    The article also alleges that the Secretary of State for the Environment, Transport and the Regions
    "has been told by the Chancellor…that next year's £350 million maintenance costs for the Underground will have to come out of the department of transport's budget."
    The financial situation is of concern to Londoners.

    I asked the Minister of Transport about the cost of the Jubilee line extension. He replied that the new estimate for the final cost of the project was about £3.2 billion. Set against that is £2 billion ring-fenced by the Government and directly funded by Government grant. In addition, there are some private contributions, but they are quite small—£135 million already paid by the Canary wharf developers and £7.5 million from British Gas, and another £400 million is to be spread over 25 years. That is a small sum. The final cost of the Jubilee line will be about £3.2 billion and there will be a Government grant of £2 billion. If one adds another £0.2 billion from private amounts, there is still £1 billion to come from the DETR's budget.

    The Minister of Transport told me that the Government were providing an extra £365 million for investment in the underground system, which means that a total of about £1 billion will be in the core network in 1998–99 and 1999–2000. That is for two years. As the Jubilee line extension is not being funded properly, the gap is £1 billion, and we are seeing the possibility of no Government grant subsidy from 2000 onwards. That is a serious problem for London Transport.

    Therefore, I again point to the Minister's answer that the Government will not let London underground fall into a black hole. At the moment, the figures look like a black hole. I hope that, if not today, later, we shall have a better explanation from the Minister, and that Ministers, who are also London Members of Parliament, will bring greater pressure to bear on the Secretary of State and, in particular, the Treasury to ensure that London Transport and the London underground have a proper deal.

    I am concerned about the points made by the Capital Transport Campaign that the new London mayor could be seriously scapegoated, or have his hands so tightly tied on London Transport that he could not develop the necessary policies in conjunction with and following the aims of the Government. I should appreciate it if those points could be addressed.

    This group of amendments goes to the heart of the matter: the future for transport in London. Liberal Democrat Members did not press amendment No. 35 to a vote so that we might able to debate this group at much greater length.

    What is the current state of the tube? The hon. Member for Croydon, South (Mr. Ottaway) has already mentioned the figures—obtained by Liberal Democrats—on rolling stock failures, which both show that, in the two years since Labour came to power, there has been a 36 per cent. increase in such failures and demonstrate the signification deterioration in the situation. Other hon. Members have already mentioned the fact that £350 million will be needed for routine maintenance on the underground, and that that money will have to be found in the budget of the Department of the Environment, Transport and the Regions.

    What about the current state of the public-private partnership? The Government's PPP proposals for the tube have been criticised by many well-respected individuals and organisations—to whom other hon. Members London have referred—such as London First; the London school of economics; John Kramer, the former chief executive of the Chicago rapid transport authority; the Capital Transport Campaign; and Chantrey Vellacott. All those people and organisations are either very worried about the Government's PPP proposals or are suggesting their preferred alternatives. Even a few Labour Members have expressed their concern about the proposals by supporting an early-day motion calling for an alternative to the PPP.

    A report in the Financial Times stated that the Deputy Prime Minister is talking with the Treasury about alternatives to the PPP. We do not know what those alternatives are, but it would be interesting to find out. Moreover, the Minister for Transport in London has said that the Government
    "will not do a deal for a PPP at any cost".
    However, the Chantrey Vellacott report that has been mentioned by hon. Members estimates that the Government's PPP proposals would impose an extra cost of no less than £7.8 billion to deliver the £7 billion of maintenance required on the London underground over and above the cost of the Government themselves financing the maintenance. The PPP process is therefore certainly not progressing with the support of many sections of the population or sectors of business.

    Even more alarming are reports in today's press that Railtrack is perhaps the only contender for the PPP. We all know the Deputy Prime Minister's views on Railtrack. Recently, he said that Railtrack has been
    "engaging in the blame culture which has characterised the industry in recent years."
    Until recently, that was his view on Railtrack. He has had his doubts about Railtrack, and I am sure that they remain.

    Forgive me if I misheard what the hon. Gentleman said, but did he really say that my right hon. Friend the Deputy Prime Minister blamed Railtrack for "the blame culture"?

    I am quite happy to quote again the Deputy Prime Minister's comment. He said that Railtrack has been

    "engaging in the blame culture which has characterised the industry in recent years."
    I am simply repeating his words.

    I clearly did not mishear the hon. Gentleman. However, if he had read everything that my right hon. Friend has said in that context, he will appreciate that my right hon. Friend was not singling out Railtrack for engaging in the blame culture, but urging the entire railway industry to move away from that culture.

    5.45 pm

    It may well be true that the Deputy Prime Minister was not singling out Railtrack specifically, but he was singling out the rail industry, of which Railtrack is a major player, generally.

    What is the state of public-private partnership? We know that the tube system is deteriorating, and that concerns about the PPP are being expressed by various parties, companies and organisations. An alternative to PPP therefore must be found, which is why the Liberal Democrats have promoted the concept—which is supported by the Capital Transport Campaign—of a public interest company.

    We believe that the concept of a public interest company is necessary as a fall-back position. It is not good enough for the official Opposition to propose ending the PPP entirely without proposing an alternative. Everyone knows that privatisation is not an alternative, as it would not receive the support of Londoners. It is therefore incumbent on parties to propose viable alternatives, such as a public interest company.

    I hope that some Labour Members will agree that a public interest company is a viable alternative. Perhaps they will not actively and openly express their support for it today, but I hope that they are willing to work behind the scenes to promote it as an alternative to the Government's PPP proposals, which are rapidly running out of steam.

    As the official Opposition have proposed no alternative to PPP, Liberal Democrat Members shall not be able to back them up on amendment No. 79. However, we call on the Minister to respond to the points that I have made on PPP, perhaps to give some ground on their PPP proposals, and to accept that, in the months and years to come, the mayor and assembly should be allowed to consider alternatives such as public interest companies.

    Although we have heard many different views on the issue, I think that both sides of the House will be able to agree that—although it has improved in parts—the London underground system is in a parlous state. I speak as someone who has used the underground for a great many years, and even used it to go to school.

    It was indeed a long time ago, demonstrating the extent of my experience in using the underground.

    Today, as I came in from Uxbridge on the Metropolitan line, a delay was caused by a breakdown at Neasden, and the passengers in my carriage were not very happy about it. I also do not think that they would have been very impressed to hear the Minister say that time is not a factor in solving the underground's problems. People in my constituency who use the stations at Uxbridge, Ickenham and Hillingdon demand—and deserve—a better service.

    Another major issue is how to reduce the number of cars driving into central London. That will not be easily achieved while the underground is in its current state.

    We have heard various options for rectifying the problem. One option from what I hesitate to call old Labour is the injection of public money. The Government would regard that as unacceptable. The Conservatives advocate privatisation and we have heard of the Liberal Democrats' idea of a public interest company. The public-private partnership that we have heard about seems to be the least acceptable option to the experts. I shall not repeat the full list of those who have been highly critical.

    We should stop bandying investment figures about. It is time that the situation was resolved. The Government must realise that the public-private partnership is doomed from the start. We realised that in Committee when, in a sudden volte-face, the Government pulled out the clauses and said that they would come back to the issue, which is why we are debating it now.

    Most Londoners thought that the Labour Government had a cunning plan. In the end, they have a PPP—a pretty pathetic plan.

    I think that it was that great American President Ronald Reagan who said something like, "Here we go again." Here indeed we do go again. Yet again, we have before us another variant of the pathetic shambles that is the third way, in this case in the form of the mysterious PPP, which we are expected to believe will be the solution to what everybody knows are the problems of the London underground.

    It has become ever clearer as we have debated the issue that the Government cannot decide whether they still believe in the virtues of public ownership—the Government or their agencies owning and running a facility—whether they have come the whole way in our direction and believe in the virtues of private ownership and management, or whether they would rather take refuge in something half way between, which is neither one nor the other and therefore has no credibility. I do not need to repeat the list that my hon. Friend the Member for Croydon, South (Mr. Ottaway) has given of the reputable sources—well most of them are reputable, although one or two of them are not quite so reputable—who have analysed the issue and come up with cold, thoughtful criticism of the kind that we have all come to recognise.

    We are in a dangerous situation, with the Government groping their way forward—as they do on so many other issues, such as reform of the House of Lords and constitutional change—with no clear end position. They want us to trust them to come up with something and to believe that everything will be all right. We have heard that approach on many issues, and here we are in the same position today.

    That is bad enough, but now, thanks to the close questioning of my hon. Friend the Member for Croydon, South, the Minister has admitted that she has no answer to the basic problem of the nature of the relationship between a mayor and a Government who take differing views on the way forward for the London underground. That is a serious matter. We are asked to take the role of the mayor and the assembly seriously. That is what the Bill is all about and what the referendum was supposed to be about. Here we have the clearest possible example of the Government failing utterly to work their way through the possible relationship between the Government, the London boroughs, the assembly and the mayor on the future of the London underground, its investment and management and the ultimate responsibility for it.

    As I have always suspected, we are in danger of having institutionalised conflict between the different centres of power and authority for which there is no resolution. What was the Minister's answer? She said—in all seriousness, I assume—that we should not worry because only a Labour candidate would be elected as mayor and he would accept the Government's policy completely. That is odd, because we do not know what the Government's policy is and nor, apparently, do they. However, the Minister says that she does not need to give an answer about the relationship between the mayor and the Government on the London underground because the mayor will be a Government puppet.

    Labour Members may have their own views on that. Regrettably, the hon. Member for Brent, East (Mr. Livingstone) is not here at the moment. Perhaps he has a view on that. I do not know. As we still do not know how the Labour party is going to select its candidate for mayor, I do not know how the Minister can be as confident as she appears to be that the Labour mayor will simply be a puppet of the Government who will accept completely the shambolic approach that they are offering for the future of the London underground. All is yet to be revealed.

    It is not good enough for the Minister to say that we should trust the Government because it will be all right on the night and the mayor will probably not contest what the Government are doing. The Government do not really know what they are doing anyway, but, somehow, everything is supposed to work out. We are being asked to accept the Bill and the amendments in that context.

    As if that were not bad enough, the Government new clauses contain all sorts of nonsense about a PPP arbiter. We do not know what the PPP is, how it will work and whether it will be biased towards the traditional public ownership approach that has failed this country so badly over many decades or the excitement and success of the new privatisation that we pioneered, and that the Government are playing with but have not quite come across to yet. The result is that a new bureaucrat will be set up to monitor, control or regulate the PPP, presumably because the Government do not know how it will work.

    There are various provisions about how the arbiter will be appointed, the staff that he will have, the directions that he will take, guidance that will be given, the duties of the arbiter, the further powers of the arbiter, immunity and—that favourite of all bureaucrats—the expenses of the arbiter. We cannot leave expenses out, because the arbiter will obviously have to have loads of expenses. I do not want to detain the House by going into all those issues. Presumably, the Minister will tell us in detail why we need a PPP arbiter. I do not expect her to go into too much detail about the expenses, but that will all come out in due course.

    All the provisions will add to the overhead burden of implementing whatever the Government want to do. All the measures that the Government have brought before us in these ill-thought-out, last minute changes to such an important Bill smack of a lack of thought and analysis and remind us that, every time that they do something, they add to the cost. Those who will bear the cost are the people who always bear the cost—the taxpayer and the users of the service. The combination may vary, but one thing is certain: the Government are telling the people of London, "Whatever we do to mangle your underground, you, the London taxpayer and you, the users of the underground, will pay the bill, which will be substantial." That is not good enough.

    6 pm

    My hon. Friend the Member for Uxbridge (Mr. Randall) said that he used the tube to get to school. So did I—some years earlier than he did, I think. In the days when I first used the tube it cost half an old penny to go from Hampstead to Belsize Park.

    I am old. That shows how many years I have been using the tube. Without the tube, London would grind to a halt. We forget that more people travel on the tube than on the whole of the UK railways.

    In the past, we condemned the Soviet Union for a number of things, one of which was its suppression of demand by increasing queues, permitting shortages and making sure that life did not work productively. We are doing exactly the same with the tube service.

    Breakdowns on the tube have increased by more than one third, much to the irritation of our constituents and ourselves. We know that the Government have cut the subsidy to the tube. In the last 10 years of the Conservative Government—between 1987 and 1997—the average subsidy was £700 million. Under the Labour Government, the subsidy has been £500 million, and the subsidy will end in May 2000. There is nothing in the Treasury figures to show what will happen after that.

    Will the hon. Gentleman confirm that, in the last two Budgets of the right hon. and learned Member for Rushcliffe (Mr. Clarke), there were significant cuts in the funding of London underground and that the figures that he has given do not give the whole picture?

    The hon. Gentleman is correct, but we must look at the entire 10-year period. We expected to denationalise London underground, and we were preparing it for that. As the Conservative Government had properly funded and expanded London underground enormously during their 18 years, there had been front-ended funding. To reassure the hon. Gentleman, I have no ideological hang-up about funding London underground. We should use the best system; whatever works.

    When Price Waterhouse was asked about four options for future funding, the options were determined not by Price Waterhouse, but by the Government. In essence, the Government had determined the form of the funding for London underground. I find it extraordinary that the Government did not recognise that, if they decided to bring in a company of the repute of Price Waterhouse, they should have allowed it to decide on what it believed would work best. It would then have been for the Government to reject or accept it. However, the fact that the Government had determined the four options that Price Waterhouse was to look at meant that the company was constrained from looking at other options, including privatisation.

    We are told often that the Government want an integrated transport policy. I regret to say that that is no more than a slogan. The Government, with the Bill— in terms of the incoherent proposals for the underground, London's main artery—are making sure that we will not have fewer cars on London's roads, but more. They are suppressing demand on the underground, they are pricing it out of existence, they are making sure that the public subsidy is cut and they are making sure that travelling on the underground is an increasing misery.

    As I said, without the tube, London would grind to a halt. Without the tube, people would not get to their jobs to earn money and to produce a prosperous Britain. It is incumbent on any Government to produce a public transport system for the capital city that will work. This Government are clearly failing to do that, and the Bill—which demonstrates that they are confused as to what they should do in the future—deserves to fail.

    It is astonishing that we are having to consider 10 new clauses tonight. They are substantial new clauses, which change the dynamics of the commercial agreement to which the House is being asked to give its consent.

    New clauses 37 to 46 are needed logically by the PPP in terms of the structure that the Government are proposing. With a 30-year lease to private sector companies, there is a need for review. In Committee—when the Minister surprised us with the announcement—it was stated that a review was needed because the technology might change, and that the agreement would have to be reviewed to take account of that.

    There may be a need to review the performance of the contract, and how well the private sector company is doing with respect to the initial understanding. There is a need for a review to serve the interests of democracy. If we are to have elections for a mayor to oversee Transport for London, clearly the parameters of the agreement could be changed.

    Am I right in thinking that when the Liberal Democrats proposed a review in earlier debates, the Minister pooh-poohed it?

    My hon. Friend is right, but the Government have thought again. Within their own framework, there is a need for review, which shows the costs of their proposals. The right hon. Member for Bromley and Chislehurst (Mr. Forth) referred to the higher costs, and the Liberal Democrats contend that the Government's PPP proposal will be an incredibly expensive way of maintaining, developing and investing in the London underground.

    In such contractual relationships, one must think of the risk involved. The private sector contractor must be compensated for those risks. There are risks inherent in such contracts, including construction risks; we have seen those on the Jubilee line extension, with the overruns and the difficulties in tunnelling. Such matters are difficult to know a priori, so compensation is needed.

    There are funding risks, and we have heard about the higher costs for the private sector in terms of getting the capital—something to which my hon. Friend the Member for Carshalton and Wallington (Mr. Brake) referred. We have heard references to the Chantrey Vellacott estimates of the costs. The new clauses, with the introduction of the arbiter, add another, expensive risk. Anyone signing such an agreement will know that the contracts may change in future, not just by agreement, but by fiat. New clause 40(6) states:
    "A direction under subsection (3) above shall be final and binding…and shall, if and to the extent that the notice given under subsection (5) above so provides, take effect as a term of the PPP agreement."
    There is no doubt that anyone signing up to such contracts could be forced by the PPP arbiter to have their commercial agreement rewritten—without their agreement, necessarily. Which company would enter such a commercial agreement unless it knew that it would be massively compensated up front? That is where the higher costs will come in as a result of the Government's proposals. The travelling public of London and the taxpayer will be asked to pay those higher costs.

    In the Financial Times, the Minister said that one of the reasons for the arbiter was to make sure that companies did not make "windfall profits". When the potential bidders heard that, they were amazed. They find the idea that they will make huge profits ludicrous, considering all the risks involved. One of them was quoted as saying:
    "We don't see enormous profits, but the risks are considerable."
    The risks are indeed massive, and people will be persuaded to take them on only by up-front payment.

    The complexity of the PPP agreements lies not only in the need to analyse the risks before drawing up the legal documents. Imagine the extra transaction costs involved in setting up the whole system. There will be huge bills from the lawyers, bankers and other consultants. In opposition, Labour Members criticised the Conservative Government for paying so much in consultancy fees when they privatised the railways. The new proposals do not avoid that, despite what the Government hoped. Arguably, the transaction costs will be much higher. They will not be one-off, either, because of all the reviews. The costs inherent in the system, by basic common-sense analysis, are incredibly high.

    My hon. Friend the Member for Carshalton and Wallington made it clear that there are alternatives. We set them out in detail in Committee. The hon. Member for Croydon, South (Mr. Ottaway) spoke about the academic studies. If the Government had bothered to cross the pond to the United States of America, of which the right hon. Member for Bromley and Chislehurst (Mr. Forth) is so enamoured, they would have seen, in the hotbed of capitalism, examples of public sector owners operating public transport systems in urban areas incredibly successfully.

    John Kramer took over Chicago's urban railway company—it is overground as well as underground—when it was in a total mess and had been deteriorating because the previous public sector operation had not invested in it, but he was able to make it a success by issuing bonds, backed up by ticket revenue and state taxes, so that the people who provided the private finances knew that the returns would be stable. Over 20 years, he issued more than $20 billion-worth of bonds. That money enabled his management team to plan investment with certainty and transform Chicago's transportation system into the envy of the country.

    That was a public sector option, using private sector capital, which is what the Liberal Democrats are arguing for. It has worked in America, and the Government could easily take it up. The hon. Member for Leyton and Wanstead (Mr. Cohen) made that point in a brave and excellent speech, and some Labour Members, including the hon. Member for Hayes and Harlington (Mr. McDonnell), signed the Liberal Democrats' early-day motion calling for a public interest company.

    Many hon. Members support our approach. One would have thought that it was right up the Government's street and that the Deputy Prime Minister would have loved to adopt it. There is a huge battle raging in the Labour party between the privatisers in the Treasury and the people who take a different approach in the Department of the Environment, Transport and the Regions; unfortunately, the Deputy Prime Minister and his friends are not winning.

    The Minister pooh-poohs all press reports, but I am pleased to say that we have heard that the Deputy Prime Minister has had an emergency meeting with the Chief Secretary and other Treasury Ministers to find out whether there is an escape route and they can get out of this mess. We have offered them an escape route in new clauses 5 and 9. I think that the way out that we have offered in case the Government cannot make a go of their scheme would attract a lot of support.

    6.15 pm

    We are offering the Government a way, which I hope they will accept, even at this late stage, of getting off the hook. The great benefit of the public interest company, as in the Chicago scheme, is that it combines democratic accountability—it is run by those who are elected—with having more stakeholders. More people in the community publicly and openly participate, in that their finances feed the system and make it run, but it is controlled by those who are elected to that function.

    That is absolutely right. Ours is a democratic and transparent option, as well as being the most efficient. It is the best value for money for both passengers and taxpayers. That is why my hon. Friend the Member for Carshalton and Wallington has today written to the Public Accounts Committee asking it to investigate the accounting of the PPP.

    The Government will get their way and railroad through their 10 new clauses and the PPP scheme, even though the provisions are ill thought through and we will probably need to make many changes by regulation or by other means. The Public Accounts Committee needs to investigate, because in years to come the scheme will be seen to be an atrocious use of taxpayers' money.

    The PPP proposal is the Government's worst mistake since they came to power. It is a total shambles and will be proved to be so in years to come.

    I wondered whether the Conservative and Liberal spokesmen had rehearsed their contributions. They have been joined at the hip. I will ensure that the people of London know precisely what approach both the Conservative party and the Liberal Democrats take to the overwhelmingly important issue for London of how we attract sustainable funding to improve our underground. We have heard not one word from the official Opposition or the Liberal Democrats on how they would do that. We have heard endless fantasy, misrepresentation and scaremongering. Both parties have clearly failed to familiarise themselves with our proposals on the public-private partnership. The absurdities that have emanated from the lips of Opposition Members have been scandalous.

    When in power, the Conservatives proposed privatisation for the underground. The hon. Member for Uxbridge (Mr. Randall) was much concerned about what he considered a wilful waste of time by the Government over the public-private partnership. Is he aware that the Conservative Government's privatisation proposals would, by the estimate of the then Secretary of State for Transport, have taken at least four years to be fully implemented, even though they planned to reduce the underground by a third? The then Secretary of State informed the then Chancellor that, even post privatisation, they were looking for at least £190 million a year to be invested in the underground.

    We know that because the notes between the two of them were deliberately leaked. That was one of the reasons why the people of London expressed their total opposition to the Conservative party's proposal to privatise and why they have endorsed the Government's proposal for a public-private partnership.

    The hon. Member for Kingston and Surbiton (Mr. Davey) repeated the Liberal Democrats' favourite call about bonds issues, which he says work extremely well in America. He forgets that those major American cities that were brought to bankruptcy and beyond not only by issuing bonds for financing capital investments, but by breaking out of any overarching control over public borrowing for major investment.

    We have made it abundantly clear that we believe in true fiscal prudence—and certainly in this area.

    No. I shall finish my point, if the hon. Gentleman will allow me to do so.

    It is absurd to presuppose that a public-private partnership evinced by this Government will do anything other than produce the best possible value for the taxpayer and the people of London by ensuring adequate investment. There will be no massive hike in fares, as the scaremongers on the Conservative and Liberal Democrat Benches have said in an attempt to delude the House and the people of London. There will be the certainty of long-term, sustained investment, which will improve the underground and its services.

    No.

    The representation of the London underground given by the hon. Member for Uxbridge (Mr. Randall) was less than fair. He neglected to mention the programme of investment in which this Government have already engaged. We managed to find an additional £365 million for London underground when we came to office, which is improving escalators, tracks and signalling. The sum has enabled the underground to prioritise issues of access at core stations. Over time, such stations will become truly accessible to everybody in London.

    If anyone genuinely believes that the deterioration that the hon. Member for Uxbridge described has come about over the past two years, they are clearly as misguided as Opposition Members. Such deterioration does not occur in the space of two years. It is the accumulation of more than a decade of neglect by the previous Administration. I sincerely hope that if Conservative and Liberal Democrat Members are not persuaded to withdraw the amendments, the House will reject them out of hand.

    I think that it would now be appropriate to speak to Government new clauses 37 to 46. I was surprised by the astonishment expressed by the hon. Member for Kingston and Surbiton on these new clauses because I announced in Committee that the Government would be tabling amendments on Report to facilitate the establishment of an arbiter. I explained to the Committee that the mayor and PPP contractors would need to review future underground investment from time to time. The PPP contracts will therefore set out the procedures for periodic reviews, which will be held every seven and a half years or so.

    The scaremongering of the hon. Member for Kingston and Surbiton, who says that such reviews would lead to excessive and overweening costs, is unfounded. It is abundantly clear that the need for an arbiter will arise only if there is any basic disagreement between the mayor and the contractor. We expect the reviews to be conducted in a spirit of partnership, but it is inevitable that two parties may not always be able to agree. Therefore, it is necessary to provide for an arbiter. The parties to the contract will be able to refer unresolved matters to the arbiter, who will give a direction that is binding on both of them—unless both agree not to give effect to it.

    I sent Members who served on the Committee an explanatory note which gives a brief summary of the new clauses. Copies have also been placed in the Library. It may, however, help the House if I describe the general purpose and effect of the new clauses.

    New clause 37 provides for the appointment of the arbiter by the Secretary of State. The Government's intention is that there should be one arbiter for all three PPP contracts. Subsection (6) is therefore particularly important, in that it requires the Secretary of State to consult such persons as he considers appropriate before making an appointment.

    New clause 38 makes provision concerning the terms of appointment and dismissal of the arbiter. New clause 39 deals with the appointment of staff and their ability to discharge functions on behalf of the arbiter. New clause 40 sets out the arbiter's powers to give directions on matters referred to him by the parties to a PPP agreement. As I have mentioned, such directions are to be binding on the parties unless they both agree not to give effect to them.

    New clause 41 gives the arbiter a power to give non-binding guidance to the parties where they jointly refer a matter to him. The purpose of the new clause is to encourage the parties to reach agreement between themselves, in the light of the arbiter's guidance, without relying on a binding direction. New clause 42 sets out the arbiter's duties when making directions or giving guidance. New clause 43 sets out further powers of the arbiter, including one to inspect relevant assets. New clause 44 empowers the arbiter to collect information that he considers relevant to the discharge of his functions. New clause 45 removes the liability of the arbiter and his staff for any acts or omissions, unless they can be shown to have been committed in bad faith. New clause 46 provides for the funding of the arbiter by the Secretary of State and for the recovery of costs from the parties concerned.

    These are important new clauses. They are intended to ensure that future investment needs of the London underground can be reviewed in the knowledge that the parties may call on an independent third party to issue binding directions when there are unresolved differences. The new clauses give the arbiter the necessary powers and duties to carry out such a task in a way that should be reassuring both to the mayor and Transport for London, and to PPP contractors.

    The new clauses are yet another example of the care and attention to detail that the Government have brought to bear not only on the PPP, but on the Bill. So far from the shallow and fantastic criticism that hon. Members have levelled at the Government to the effect that the PPP project is some shambles, the Government will ensure, via the PPP, adequate, sustainable, long-term funding so that when the underground is transferred to the mayor, it will be able to deliver the modern underground services that the people of London so desperately need.

    We have been meticulous in assuring ourselves that the model on which we base the definition of PPP contracts will deliver the best possible value to the taxpayer and, of course, to the underground itself. We have made it abundantly clear that, unlike the previous Administration, we will not be driven by empty ideology, or labour under the burden of an artificially imposed time scale. We will not be tinkering with Liberal Democrat proposals on financing the underground. I have serious difficulty in believing that the Liberal Democrat proposals could adequately fund a toy train over a long time, let alone cope with the complexities of the London underground.

    It is this Government, with their imaginative and innovative approach not only to local government but to genuine partnership, who will deliver for London the democratic voice that it has so long desired and the means of ensuring that the underground will be properly and adequately funded in the long term. I commend the new clauses to the House.

    It is unfortunate that the Minister still blindly refuses to recognise the great success of privatisation of the railways, which has put Railtrack in a position today to declare that it wants to take over the underground. Would not that be a great way of using the resources that Railtrack has built up for the benefit of users of London underground and all the people of London? Dogma prevents the Minister and her colleagues from envisaging how well such a system would work.

    Will the Minister confirm that, whatever conditions are imposed on whichever company or organisation runs the underground, all services that are currently provided, especially those beyond the Greater London boundary—in other words, in my constituency at the end of the Central line—will continue to run?

    6.30 pm

    I am most grateful to the hon. Lady for giving way. If I remember correctly, she asked the same question on Second Reading. My answer now is the same as the one that I gave then.

    It being half-past Six o'clock, MR. DEPUTY SPEAKER put the Question already proposed from the Chair, pursuant to Order [30 April]:

    The House divided: Ayes 112, Noes 283.

    Division No. 165]

    [6.30 pm

    AYES

    Ainsworth, Peter (E Surrey)Hammond, Philip
    Amess, DavidHawkins, Nick
    Ancram, Rt Hon MichaelHeald, Oliver
    Arbuthnot, Rt Hon JamesHeathcoat-Amory, Rt Hon David
    Baldry, TonyHogg, Rt Hon Douglas
    Beggs, RoyHoram, John
    Bercow, JohnHoward, Rt Hon Michael
    Boswell, TimHowarth, Gerald (Aldershot)
    Bottomley, Peter (Worthing W)Hunter, Andrew
    Bottomley, Rt Hon Mrs VirginiaJack, Rt Hon Michael
    Brady, GrahamJenkin, Bernard
    Brazier, JulianJohnson Smith,
    Brooke, Rt Hon PeterRt Hon Sir Geoffrey
    Browning, Mrs AngelaKey, Robert
    Bruce, Ian (S Dorset)King, Rt Hon Tom (Bridgwater)
    Burns, SimonLansley, Andrew
    Butterfill, JohnLeigh, Edward
    Cash, WilliamLidington, David
    Chope, ChristopherLloyd, Rt Hon Sir Peter (Fareham)
    Clark, Rt Hon Alan (Kensington)Loughton, Tim
    Clark, Dr Michael (Rayleigh)Lyell, Rt Hon Sir Nicholas
    Clarke, Rt Hon KennethMacKay, Rt Hon Andrew

    (Rushcliffe)

    McLoughlin, Patrick
    Clifton-Brown, GeoffreyMalins, Humfrey
    Collins, TimMaples, John
    Cran, JamesMaude, Rt Hon Francis
    Curry, Rt Hon DavidMawhinney, Rt Hon Sir Brian
    Davies, Quentin (Grantham)May, Mrs Theresa
    Davis, Rt Hon David (HaltempriceNicholls, Patrick

    & Howden)

    Ottaway, Richard
    Day, StephenPage, Richard
    Donaldson, JeffreyPaterson, Owen
    Duncan, AlanRandall, John
    Duncan Smith, IainRedwood, Rt Hon John
    Emery, Rt Hon Sir PeterRobertson, Laurence (Tewk'b'ry)
    Evans, NigelRoe, Mrs Marion (Broxbourne)
    Fabricant, MichaelRowe, Andrew (Faversham)
    Fallon, MichaelSt Aubyn, Nick
    Flight, HowardSayeed, Jonathan
    Forth, Rt Hon EricShephard, Rt Hon Mrs Gillian
    Fowler, Rt Hon Sir NormanSimpson, Keith (Mid-Norfolk)
    Fraser, ChristopherSoames, Nicholas
    Garnier, EdwardStanley, Rt Hon Sir John
    Gibb, NickStreeter, Gary
    Gill, ChristopherSwayne, Desmond
    Gorman, Mrs TeresaSyms, Robert
    Gray, JamesTapsell, Sir Peter
    Green, DamianTaylor, Ian (Esher & Walton)
    Greenway, JohnTaylor, John M (Solihull)
    Grieve, DominicTaylor, Sir Teddy
    Gummer, Rt Hon JohnTrend, Michael
    Hamilton, Rt Hon Sir ArchieViggers, Peter

    Walter, RobertWilshire, David
    Waterson, NigelWoodward, Shaun
    Whitney, Sir RaymondYeo, Tim
    Whittingdale, JohnYoung, Rt Hon Sir George
    Widdecombe, Rt Hon Miss Ann

    Tellers for the Ayes:

    Wilkinson, John

    Mrs. Eleanor Laing and

    Willetts, David

    Sir David Madel.

    NOES
    Abbott, Ms DianeCoffey, Ms Ann
    Adams, Mrs Irene (Paisley N)Cohen, Harry
    Ainsworth, Robert (Cov'try NE)Colman, Tony
    Allen, GrahamCook, Frank (Stockton N)
    Anderson, Janet (Rossendale)Cooper, Yvette
    Armstrong, Rt Hon Ms Hilarycorbyn, Jeremy
    Ashton, JoeCorston, Ms Jean
    Atherton, Ms CandyCousins, Jim
    Atkins, CharlotteCrausby, David
    Austin, JohnCryer, Mrs Ann (Keighley)
    Banks, TonyCryer, John (Hornchurch)
    Barnes, HarryCummings, John
    Barron, KevinCunningham, Jim (Cov'try S)
    Battle, JohnDalyell, Tam
    Bayley, HughDarvill, Keith
    Beard, NigelDavey, Edward (Kingston)
    Beckett, Rt Hon Mrs MargaretDavey, Valerie (Bristol W)
    Beith, Rt Hon A JDavidson, Ian
    Bell, Martin (Tatton)Davies, Geraint (Croydon C)
    Bell, Stuart (Middlesbrough)Dawson, Hilton
    Benn, Rt Hon TonyDean, Mrs Janet
    Bennett, Andrew FDenham, John
    Bermingham, GeraldDismore, Andrew
    Berry, RogerDobbin, Jim
    Best, HaroldDobson, Rt Hon Frank
    Betts, CliveDonohoe, Brian H
    Blackman, LizDowd, Jim
    Blears, Ms HazelDrew, David
    Blizzard, BobDrown, Ms Julia
    Blunkett, Rt Hon DavidDunwoody, Mrs Gwyneth
    Boateng, PaulEagle, Angela (Wallasey)
    Borrow, DavidEagle, Maria (L'pool Garston)
    Bradley, keith (Withington)Efford, Clive
    Bradley, Peter (The Wrekin)Etherington, Bill
    Brake, TomField, Rt Hon Frank
    Brand, Dr PeterFisher, Mark
    Breed, ColinFitzpatrick, Jim
    Brinton, Mrs HelenFitzsimons, Lorna
    Brown, Rt Hon Nick (Newcastle E)Flint, Caroline
    Buck, Ms KarenFlynn, Paul
    Burden, RichardFollett, Barbara
    Burgon, ColinFoster, Rt Hon Derek
    Burnett, JohnFoster, Michael Jabez (Hastings)
    Burstow, PaulFoulkes, George
    Butler, Mrs ChristineGapes, Mike
    Byers, Rt Hon StephenGardiner, Barry
    Cable, Dr VincentGeorge, Andrew (St Ives)
    Campbell, Alan (Tynemouth)George, Bruce (Walsall S)
    Cambell, Ronnie (Blyth V)Gerrard, Neil
    Campbell-Savours, DaleGibson, Dr Ian
    Cann, JamieGilroy, Mrs Linda
    Caplin, IvorGodsiff, Roger
    Casale, RogerGoggins, Paul
    Chapman, Ben (Wirral S)Golding, Mrs Llin
    Chaytor, DavidGordon, Mrs Eileen
    Church, Ms JudithGriffiths, Jane (Reading E)
    Clark, Rt Hon Dr David (S Shields)Griffiths, Win (Bridgend)
    Clark, Dr LyndaGrocott, Bruce

    (Edinburgh Pentlands)

    Grogan, John
    Clarke, Charles (Norwich S)Gunnell, John
    Clarke, Eric (Midlothian)Hall, Mike (Weaver Vale)
    Clarke, Rt Hon Tom (Coatbridge)Hall, Patrick (Bedford)
    Clarke, Tony (Northampton S)Hamilton, Fabian (Leeds NE)
    Clelland, DavidHeal, Mrs Sylvia
    Clwyd, AnnHealey, John
    Coaker, VernonHenderson, Doug (Newcastle N)

    Henderson, Ivan (Harwich)Mullin, Chris
    Hepburn, StephenMurphy, Denis (Wansbeck)
    Hewitt, Ms PatriciaO'Brien, Bill (Normanton)
    Hill, KeithOlner, Bill
    Hinchliffe, DavidOrgan, Mrs Diana
    Hodge, Ms MargaretPalmer, Dr Nick
    Hoey, KatePearson, Ian
    Hoon, GeoffreyPerham, Ms Linda
    Hope, PhilPickthall, Colin
    Howarth, George(Knowsley N)Pike, Peter L
    Hoyle, LindsayPlaskitt, James
    Hughes, Simon (Southwark N)Pollard, Kerry
    Humble, Mrs JoanPope, Greg
    Hurst, AlanPound, Stephen
    Hutton, JohnPrentice, Ms Bridget (Lewisham E)
    Iddon, Dr BrainPrentice, Gordon(Pendle)
    Illsley, EricProsser, Gwyn
    Jackson, Ms Glenda(Hampstead)Purchase, Ken
    Jenkins, BrainRadice, Giles
    Johnson, Alan (Hull W & Hessle)Rammell, Bill
    Johnson, Miss MelanieRapson, Syd

    (Welwyn Hatfield)

    Raynsford, Nick
    Jones, Barry (Alyn & Deeside)Robertson, Rt Hon George
    Jones, Helen(Warrington N)

    (Hamilton S)

    Jones, Ms JennyRoche, Mrs Barbara

    (Wolverh'ton Sw)

    Ross, Ernie (Dundee W)
    Jones, Jon Owen (Cardiff C)Rowlands, Ted
    Jones, Dr Lynne (Selly Oak)Roy, Frank
    Keeble ,Ms SallyRuddock, Joan
    Keen, Ann(Brentford & Isleworth)Russell, Bob(Colchester)
    Kelly, Ms RuthRussell, Ms Christine (Chester)
    Kemp, FraserRyan, Ms Joan
    Kennedy, Jane (Wavertree)Sanders, Adrian
    Khabra, Piara SSavidge, Malcolm
    King, Andy (Rugby & Kenilworth)Sawford, Phil
    King, Ms Oona (Bethnal Green)Sedgemore, Brain
    Kingham, Ms TessSheerman, Barry
    Kumar, Dr AshokSheldon, Rt Hon Robert
    Laxton, BobSingh, Marsha
    Levitt, TomSkinner, Dennis
    Lewis, Ivan (Bury S)Smith, Miss Geraldine
    Lewis, Terry(Worsley)

    (Morecambe & Lunesdale)

    Linton, MartinSmith, Jacqui (Redditch)
    Livingstone, KenSnape, Peter
    Lloyd, Tony (Manchester C)Soley, Clive
    Llwyd, ElfynSouthworth, Ms Helen
    Lock, DavidSpellar, John
    Love, AndrewSquire, Ms Rachel
    McAvoy, ThomasStarkey, Dr Phyllis
    McCafferty, Ms ChrisSteinberg, Gerry
    McCartney, Rt Hon IanStewart, Ian (Eccles)

    (Makerfield)

    Stoate, Dr Howard
    McDonagh, SiobhainStrang, Rt Hon Dr Gavin
    McDonnell, JohnStringer, Graham
    Mckenna, Mrs RosemaryTaylor, Rt Hon Mrs Ann
    Mackinaly, Andrew

    (Dewsbury)

    McNulty, TonyTaylor, Matthew (Truro)
    MacShane, DenisTemple-Morris, Peter
    Mactaggart, FionaThomas, Gareth R (Harrow W)
    McWalter, TonyTimms, Stephen
    McWilliam, JohnTipping, paddy
    Mahon, Mrs AliceTodd, Mark
    Mallaber, JudyTrickett, Jon
    Mandelson, Rt Hon PeterTruswell, Paul
    Marsden, Gordon (Blackpool S)Turner, Dennis (Wolverh'ton SE)
    Marsden, Paul (Shrewsbury)Twigg, Derek (Halton)
    Marshall, David (Shettleston)Twigg, Stephen (Enfield)
    Marshall, Jim (Leicester S)Vis, Dr Rudi
    Meale, AlanWalley, Ms Joan
    Merron, GillianWard, Ms Claire
    Milburn, Rt Hon AlanWareing, Robert N
    Mitchell, AustinWatts, David
    Moffatt, LauraWhite, Brain
    Moran Ms MargaretWhitehead, Dr Alan
    Morley, ElliotWicks, Malcolm
    Mountford, KaliWills, Michael

    Winnick, DavidWright, Dr Tony (Cannock)
    Wise, Audrey
    Wood, Mike

    Tellers for the Noes:

    Wray, James

    Mr. Kevin Hughes and

    Wright, Anthony D (Gt Yarmouth)

    Mr. David Jamieson.

    Question accordingly negatived.

    MR. DEPUTY SPEAKER then proceeded to put forthwith the Questions necessary for the disposal of the business to be concluded at that hour.

    New Clause 37

    The Ppp Arbiter

    `.—(1) The Secretary of State may appoint a person to an office to be known as "the Public-Private Partnership Agreement Arbiter" (in this Act referred to as the "PPP arbiter").

    (2) The PPP arbiter shall have the functions conferred or imposed on him by or under this Act.
    (3) The PPP arbiter shall he a corporation sole by the name of "the Public-Private Partnership Agreement Arbiter".
    (4) If at any time no person holds the office of PPP arbiter, the Secretary of State shall appoint a person to that office if requested in writing to do so by a party to a PPP agreement.
    (5) A request under subsection (4) above must not include a request for a particular person to be appointed.
    (6) Before making an appointment under subsection (1) or (4) above, the Secretary of State shall consult such persons as he considers appropriate concerning—
  • (a) the person to be appointed; and
  • (b) the terms of the appointment.
  • (7) The office of PPP arbiter may not be held by—
  • (a) the Mayor;
  • (b) an Assembly member;
  • (c) the Authority or a member of staff of the Authority;
  • (d) Transport for London or a subsidiary of Transport for London; or
  • (e) a member of Transport for London or a director of a subsidiary of Transport for London.
  • (8) The offices of Rail Regulator and PPP arbiter may be held by the same person.'.—[Mr. Dowd.]

    Brought up, read the First and Second time, and added to the Bill.

    New Clause 38

    Terms Of Appointment Etc Of The Ppp Arbiter

    `.—(1) A person appointed to be the PPP arbiter shall be appointed for such term as may be specified or described in the instrument appointing him and shall hold and vacate office as the PPP arbiter in accordance with the terms of his appointment.

    (2) There shall be paid to the PPP arbiter such remuneration, and such travelling and other allowances, as the Secretary of State may determine.
    (3) There shall be paid such pension, allowance or gratuity to or in respect of the PPP arbiter, or such contributions or payments towards provision for such a pension, allowance or gratuity, as the Secretary of State may determine.
    (4) A person may resign from office as the PPP arbiter at any time by giving notice to the Secretary of State.
    (5) The Secretary of State may remove a person from office as the PPP arbiter—
  • (a) on the ground of incapacity or misbehaviour; or
  • (b) where the Secretary of State considers that there has been unreasonable delay in the discharge of the functions of the PPP arbiter.'.—[Mr. Dowd.]
  • Brought up, read the First and Second time, and added to the Bill.

    New Clause 39

    Staff Of The Ppp Arbiter

    `.—(1) The PPP arbiter may appoint such staff as he may determine, subject to any restrictions contained in the terms of his appointment.

    (2) The staff of the PPP arbiter shall be appointed on such terms and conditions as he shall determine, subject to any restrictions contained in the terms of his appointment.
    (3) Any function of the PPP arbiter may be exercised by any member of his staff authorised for the purpose by him or, if there is no person who holds the office of PPP arbiter, by the relevant authority, whether specially or generally.'.—[Mr. Dowd.]
    Brought up, read the First and Second time, and added to the Bill.

    New Clause 40

    Directions Of The Ppp Arbiter

    `.—(1) A PPP agreement may provide for matters of any description specified in the agreement to be referred to the PPP arbiter.

    (2) A party to a PPP agreement may refer to the PPP arbiter for direction any matter of a description specified in a provision of that agreement by virtue of subsection (I) above.
    (3) Where a matter is referred under this section to the PPP arbiter for direction he—
  • (a) shall give a direction in relation to that matter, and
  • (b) may give a direction in relation to any other matter which he considers relevant to the matter referred.
  • (4) The directions that may be given under subsection (3) above include directions relating to the inclusion of new terms in, or the variation of existing terms of, the PPP agreement in question.
    (5) The PPP arbiter shall give notice of any direction under subsection (3) above to the parties to the PPP agreement in question.
    (6) A direction under subsection (3) above shall be final and binding—
  • (a) on the parties to the PPP agreement in question, and
  • (b) on any persons claiming through or under those parties, and shall, if and to the extent that the notice given under subsection (5) above so provides, take effect as a term of the PPP agreement.
  • (7) Where a direction has been given under subsection (3) above, the parties to the PPP agreement in question may jointly agree that subsection (6) above is not to have effect in relation to that direction.'.—[Mr. Dowd.]
    Brought up, read the First and Second time, and added to the Bill.

    New Clause 41

    Guidance By The Ppp Arbiter

    `.—(1) The parties to a PPP agreement may jointly agree to refer any matter relating to the agreement to the PPP arbiter for consideration.

    (2) Where a matter is referred by virtue of subsection (1) above to the PPP arbiter for consideration he shall consider the matter and shall give to the parties who referred the matter such guidance as he considers appropriate.
    (3) The guidance which may be given by the PPP arbiter by virtue of subsection (2) above includes guidance about any matter which he considers relevant to the PPP agreement in question.
    (4) Where the PPP arbiter has given any guidance under this section in relation to a matter which is subsequently referred to him for direction under subsection (3) of section (Directions of the PPP arbiter) above, the direction which may be given by the PPP arbiter under that subsection is not restricted by that guidance.'.—[Mr. Dowd.]
    Brought up, read the First and Second time, and added to the Bill.

    New Clause 42

    Duty Of Ppp Arbiter

    `.—(1) In giving in relation to a PPP agreement—

  • (a) any direction under section (Directions of the PPP arbiter)(3) above, or
  • (b) any guidance under section (Guidance by the PPP arbiter)(2) above,
  • the PPP arbiter shall act in the way he considers best calculated to achieve the objectives specified in subsections (2) to (5) below.
    (2) The objective specified in this subsection is to ensure the performance of the PPP agreement in question so as to secure that the railway infrastructure to which the agreement relates—
  • (a) is provided, constructed, renewed or improved, as the case may be, and
  • (b) is maintained,
  • having regard to the resources available to any relevant body which is a party to the agreement.
    (3) The objective specified in this subsection is to promote efficiency and economy—
  • (a) in the provision, construction, renewal, or improvement, as the case may be, and
  • (b) in the maintenance,
  • of the railway infrastructure to which the PPP agreement in question relates.
    (4) The objective specified in this subsection is to enable any PPP company which is a party to the PPP agreement in question, and which the PPP arbiter considers to be efficient and economic in performing the agreement, to earn the rate of return incorporated in the agreement.
    (5) The objective specified in this subsection is to enable any PPP company which is a party to the PPP agreement in question to plan the future performance of the agreement with reasonable certainty.
    (6) In giving any such direction or guidance as is mentioned in subsection (1) above the PPP arbiter is to take account of any factors which—
  • (a) are notified to him by the parties to the PPP agreement in question, acting jointly, as factors to which he must have regard when giving the direction or guidance in question, or
  • (b) are factors specified or described in the PPP agreement in question as factors to which the PPP arbiter must have regard in giving any direction under section (Directions of the PPP arbiter)(3) above or any guidance under section (Guidance by the PPP arbiter)(2) above.
  • (7) For the purposes of subsection (4) above, a rate of return is "incorporated in a PPP agreement" if, and only if, the agreement—
  • (a) makes provision for the rate of return to be earned under the agreement by the PPP company concerned, and
  • (b) states that subsection (4) above is to have effect in relation to that provision.
  • (8) In this section "railway infrastructure" means the railway or proposed railway in question and includes a reference to any stations, rolling stock or depots used or to be used in connection with that railway.'.—[Mr. Dowd.]
    Brought up, read the First and Second time, and added to the Bill.

    New Clause 43

    Further Powers Of The Ppp Arbiter

    `.—(1) For the purposes of the proper discharge of the functions conferred or imposed on him by or under this Act, the PPP arbiter may—

  • (a) carry out inspections of such of the railway infrastructure or equipment belonging to, or under the control of, any party to a PPP agreement as he considers appropriate;
  • (b) consult such bodies or persons as he considers appropriate in relation to any direction or guidance given or proposed to be given by him;
  • (c) do all such things as he considers appropriate for or in connection with the giving of a direction under section (Directions of the PPP arbiter)(3) above or guidance under section (Guidance by the PPP arbiter)(2) above; and
  • (d) do such other things as he considers necessary or expedient.
  • (2) The powers conferred on the PPP arbiter by this section and section (Provision of information to the PPP arbiter) below are exercisable for purposes preparatory or ancillary to the giving of directions or guidance under this Chapter generally and notwithstanding that there is no matter in relation to which a direction under section (Directions of the PPP arbiter)(3) above, or guidance under section (Guidance by the PPP arbiter)(2) above, is required.
    (3) In this section "railway infrastructure" has the same meaning as in section (Duty of PPP arbiter) above.'—[Mr. Dowd.]
    Brought up, read the First and Second time, and added to the Bill.

    New Clause 44

    Provision Of Information To The Ppp Arbiter

    `.—(1) Any person falling within subsection (2) below shall, at the request of the PPP arbiter, provide him with such information as the PPP arbiter considers relevant to the proper discharge of the functions conferred or imposed on him by or under this Act and as may be specified or described in the request.

    (2) The persons who fall within this subsection are—
  • (a) any party to a PPP agreement;
  • (b) any associate of a party to a PPP agreement; and
  • (c) any party to a related third party agreement within the meaning of section jOnc44 above.
  • (3) The information shall be provided in such form and manner, and within such time, as may be specified in the request.
    (4) A person is not obliged by virtue of this section to provide any information which he would be entitled to refuse to provide in or for the purposes of proceedings in a court in England and Wales.
    (5) For the purposes of subsection (2)(b) above, "associate", in relation to a party to a PPP agreement, means—
  • (a) a parent undertaking of that party;
  • (b) a subsidiary undertaking of any parent undertaking of that party;
  • (c) a subsidiary undertaking of that party; or
  • (d) an undertaking in which that party, or any undertaking falling within paragraphs (a) to (c) above, has a participating interest.
  • (6) For the purposes of subsection (5) above—
    "parent undertaking" and "subsidiary undertaking" shall be construed in accordance with section 258 of the Companies Act 1985;
    "undertaking" has the meaning given by section 259 of that Act; and
    "participating interest" has the meaning given by section 260 of that Act.'—[Mr. Dowd.]
    Brought up, read the First and Second time, and added to the Bill.

    New Clause 45

    Immunity Of Ppp Arbiter

    `.—(1) The PPP arbiter is not liable for anything done or omitted in the discharge or purported discharge of his functions as the PPP arbiter unless the act or omission is shown to have been in bad faith.

    (2) Subsection (1) above applies to a member of the staff of, or an agent of, the PPP arbiter as it applies to the PPP arbiter.'.—[Mr. Dowd.]
    Brought up, read the First and Second time, and added to the Bill.

    New Clause 46

    Expenses Of The Ppp Arbiter

    —The following expenses, namely—

  • (a) any sums payable by virtue of section (Terms of appointment etc of the PPP arbiter)(2) or (3) above, and
  • (b) any expenses duly incurred by the PPP arbiter or by any staff of the PPP arbiter,
  • shall be defrayed by the Secretary of State.
    (2) A relevant body which is a party to a PPP agreement shall pay to the Secretary of State, at such times as he may direct, such sums as the Secretary of State may determine in respect of expenses defrayed by the Secretary of State under subsection (1) above.
    (3) A PPP agreement may provide that sums paid by a relevant body by virtue of subsection (2) above, or any portion of such sums as may be specified or described in the PPP agreement, may be recovered by the relevant body from a PPP company which is a party to the PPP agreement.
    (4) Where a PPP agreement includes provision by virtue of subsection (3) above making any sum recoverable by a relevant body, the directions which may be given under section (Directions of the PPP arbiter)(3) above include directions varying the amount so recoverable.
    (5) Sums received by the Secretary of State by virtue of this section shall be paid into the Consolidated Fund.'—[Mr. Dowd.]
    Brought up, read the First and Second time, and added to the Bill.

    Clause 187

    Travel Concessions On Journeys In And Around Greater London

    Amendment made: No. 88, in page 100, leave out lines 6 to 8 and insert—

    `(b) which by virtue of section (Continuity: repealed or revoked functions of LRT) above has effect as if made by Transport for London.'—[Mr. Dowd.]

    Schedule 9

    Operating Powers Of Transport For London

    Amendments made: No. 89, in page 192, line 32, leave out

    `before it ceases to exist,'.

    No. 90, in page 197, line 37, leave out

    `before it ceases to exist,'.

    No. 91, in page 198, line 23, leave out from 'contract' to 'notwithstanding' in line 24 and insert

    `which by virtue of section (Continuity: repealed or revoked functions of LRT) of this Act has effect as if made by Transport for London,'—[Mr. Dowd.]

    Schedule 13

    Penalty Fares

    Amendment made: No. 92, in page 214, leave out lines 20 to 22 and insert—

    '(b) which by virtue of section (Continuity: repealed or revoked functions of LRT) of this Act has effect as if made by Transport for London.'— [Mr. Dowd.]

    Clause 222

    Road User Charging

    I beg to move amendment No. 80, in page 121, line 36, leave out clause 222.

    With this, it will be convenient to discuss the following: Amendment No. 25, in page 121, line 36, after '(1)%% insert

    'Where the revenue raised is to be invested solely and exclusively in better provision for public transport, cycling and walking in Greater London'.

    Amendment No. 81, in page 121, line 41, leave out `keeping or'.

    Amendment No. 83, in schedule 18, page 230, line 36, leave out Schedule 18.

    Amendment No. 82, in page 230, line 45, leave out `keeping or'.

    Government amendments Nos. 140 and 141.

    Amendment No. 8, in page 235, line 12, leave out from `scheme' to third 'the' in line 13.

    Amendment No. 9, in page 235, line 14, leave out

    'during the scheme's initial period'.

    Amendment No. 10, in page 235, line 19, leave out from `(2)' to 'the'.

    Amendment No. 11, in page 235, leave out lines 24 to 27.

    Amendment No. 12, in page 235, leave out lines 32 to 40.

    Amendment No. 13, in page 236, line 36, leave out from beginning to end of line 2 on page 237.

    Amendment No. 14, in page 237, leave out lines 24 to 38. Government amendment No. 142.

    Amendment No. 26, in clause 223, page 122, line 3, after `(1)', insert
    `Where the revenue raised is to be invested solely and exclusively in better provision for public transport, cycling and walking in Greater London'.

    Government amendment No. 143.

    Amendment No. 15, in schedule 19, page 247, line 6, leave out from 'scheme' to third 'the' in line 7.

    Amendment No. 16, in page 247, line 8, leave out
    `during the scheme's initial period'.

    Amendment No. 17, in page 247, line 13, leave out from '(2)' to 'the'.

    Amendment No. 18, in page 247, leave out lines 18 to 21.

    Amendment No. 19, in page 247, leave out lines 26 to 34.

    Amendment No. 20, in page 248, leave out lines 28 to 44.

    Amendment No. 21, in page 249, leave out lines 16 to 30.

    Government amendment No. 144.

    New clause 6—Traffic disruption charge
    `(1) Where the money is to be invested solely and exclusively in better provision for public transport, cycling and walking in Greater London, each of the following bodies, namely,
  • (a) the Authority,
  • (b) any London borough council, or
  • (c) the Common Council,
  • may establish and operate schemes for imposing charges in respect of any disruption caused by works to roads, pavements or cycle lanes in their area.'.
    Government amendment No. 145.

    6.45 pm

    This debate is on road pricing. It would be sensible to get some myths out of the way before the debate begins. We concede that a transport Green Paper in the early 1990s, towards the end of the previous Government's time in office, said that there was a presumption that road pricing would be introduced. A Green Paper is a consultation document, not a statement of policy. That would not therefore have been a national policy as defined in the Bill.

    Secondly, a presumption in a Green Paper can be rebutted, and the Government should be under no illusion but that that idea was rebutted. The proposal was not taken forward. The proposal to introduce road pricing did not appear in the Conservative party manifesto in 1997. It never formed a part of our policy.

    We share the concern of all political parties about the problem of congestion. There is widespread concern about pollution caused by cars and other motor vehicles. The challenge to Governments of either persuasion is how to manage the car. In our view, clobbering the motorist is not the solution, and we reject outright the Government's anti-car rhetoric. Furthermore, making London the pilot scheme for congestion tax stands logic on its head. I can think of nowhere less suited and nowhere that would pose greater technical problems.

    Amendment No. 81 may be described as the lesser of our two amendments. It would delete the power from clause 222 to impose a charge for keeping a vehicle on the road. That charge is not a road user charge or a congestion tax. It is just another stealth tax. The clause permits the mayor and the London boroughs to impose a further levy for parking or keeping a car within a certain area. It is a further back-door tax that has nothing to do with congestion, and we oppose it.

    The main issue is the congestion tax, however. Already, 83 per cent. of commuters travel in and out of London by public transport. Public transport in central London is good, although that is, of course, a relative term. It is certainly better than in other cities in Britain and in most cities in the rest of the world. Whether under Labour or the Conservatives, public transport in London has been good. A wide variety of choice is available. By and large, and subject to the usual technical problems, the system gets people around the capital.

    As a result, road traffic in central London is not growing. The Automobile Association notes:
    "Road traffic levels within central London have hardly changed in 20 years. However, traffic levels in the outer areas have increased by 50 per cent in just 15 years."

    The question is whether central London is the right place to impose a congestion tax. People like their cars, the most liberating influence of the post-war years. Cars allow people a freedom to travel that their parents and grandparents never knew. People feel safe in their cars. Mothers use them to take children to school. Nurses use them for their night duty. Pensioners or disabled people use their cars to get to the shops. These are the people who will be hardest hit by the congestion tax.

    Let me turn to traffic speed. The AA, once again, states:
    "Travel by vehicle through central London has always been slow going because of the high frequency of junctions. In outer areas, speeds tend to be higher. Overall traffic speeds are declining in London. though less so in the central area because traffic levels have reduced slightly."

    Traffic speeds have slowed more generally in London and that is in large part attributable to the Government's anti-car stance. We are all in favour of pedestrian safety and of ensuring that drivers proceed safely, but do we really need each and every one of the extra crossings, traffic-calming measures and lane reductions that are currently being introduced? The widespread view is that the use of such measures has gone too far, and I have no doubt that it is a contributory factor to the reduction in traffic speeds in the capital.

    I said on Second Reading and in Standing Committee that we have to hand it to the Government: they slow down the traffic and thereby create congestion, which they then tax—that is a smart move. The truth is that many of the traffic jams are man-made; they could be avoided and traffic could be speeded up through more pro-motorist thinking.

    I recall the hon. Gentleman saying in Committee how strongly he supported local government in London being able to make its own decisions, so I find it difficult to understand why he criticises the Government on this point, given that most of the decisions on traffic calming are local borough decisions and will remain so. Why is the Tory party coming out, not against a proposition that there will be road charging, but against a proposition that, the issue having been debated during the election, those elected to represent Londoners may choose to impose road charging?

    Surely Tory policy, if it means anything, is to give freedom to local government and other authorities to make decisions; but the hon. Gentleman wants to restrict London's choices by removing altogether one of the options available to it.

    It is perfectly straightforward: we are against the congestion tax in London. As for the

    introduction of traffic-calming measures being a local authority decision, the hon. Gentleman should recall that, about a year ago, the Government proudly published a press release in which they announced that they had authorised huge levels of spending for thousands of new traffic-calming measures in London. That was Government money being spent on schemes instigated by the Government, and the local authorities were nothing but the agents of implementation; the Government inspired the initiative and the drive behind the schemes came from the centre.

    A large proportion of the money will have been taxpayers' money because a large proportion of transport spending in Britain comes from the taxpayer by way of grant to local government. In some ways, for some purposes, local authorities are agents, but to my knowledge no local council has been required to spend money against its wishes on traffic-calming schemes. If the hon. Gentleman can give me one example to the contrary, his case has credibility—but I suspect that there is no such example.

    The hon. Gentleman has caught me unawares and I do not have such an example to hand, but he should not doubt that, if a local authority is given money, it will spend it. The truth is that if the Government take the credit for the schemes, they must be prepared to take the criticism as well. Let us suppose that I am wrong and the hon. Gentleman is right and that all the measures are entirely local-authority inspired; in that case, the local authorities are creating the congestion. However, the point is that the slowing down of traffic and the increase in congestion is, to a large extent, man-made.

    Two of the hon. Gentleman's colleagues—the hon. Members for Carshalton and Wallington (Mr. Brake) and for Kingston and Surbiton (Mr. Davey)—are constituency neighbours of mine, and they might occasionally visit Coulsdon in my constituency; in fact, I know that one of them has, because he wrote to me to tell me so. The red route director has put no fewer than three pedestrian crossings across the A23 route into Coulsdon, which has caused tailbacks north and south of about a mile each way. Those tailbacks never occurred before the crossings were introduced, so the congestion is a man-made problem. The existing pedestrian crossings worked fine, but now that the additional traffic lights have been put in, we have huge tailbacks.

    Is the hon. Gentleman saying that all traffic-calming and road-safety measures cause congestion? The Minister for London and Construction was kind and helpful in working with local police and me to reduce the speed limit on the A3 Kingston bypass, which has improved the flow of traffic on that road and so reduced congestion.

    If the hon. Gentleman thinks that the reduction in speed on the A3 Kingston bypass is popular, he has another think coming.

    I do not want to distract the hon. Gentleman from the wider issues, but I am perplexed. Is he arguing that, for example, many more bus lanes in London would be a bad thing because, although they would allow buses a greater speed of travel, they would have an adverse impact on car users? If we enhance the safety of pedestrians and cyclists and the speed of buses, we are bound occasionally to run the risk of car transport being slowed, but that might be an incentive for people to use different forms of transport, or to go around London rather than through it.

    I certainly do not suggest that all the measures are not wanted. My point is that I think that the balance might have begun to tip too far in one direction. If a speed limit of 25 mph were to be imposed throughout London, the whole city would grind to halt, just as a 25-mph speed limit on a motorway would clog up the whole road, because any trip would take twice as long and twice as many cars would be on the same stretch of road. There has to be joined-up thinking—

    Order. I have seen an awful lot of the hon. Gentleman's back in the past few minutes. He should address the Chair.

    I beg your pardon, Mr. Deputy Speaker. I was carried away by the interventions.

    Before the Liberal Democrats put out their press releases saying "Tories oppose safety measures", alongside the one about the cracked paving stone, they should think seriously. Their holy grail appears to be the removal of congestion from London's roads, but that is unachievable, because if a motorist sees an empty road, the first thing he will do is drive down it—he will not take the bus. Congestion, once cleared, will return. The point is that many of the safety measures slow down traffic in London, and those measures are the result of Government decisions.

    The Government have given three reasons for proposing to introduce a congestion tax: first, to persuade the motorist to leave his car behind; secondly, to reduce pollution; and, thirdly, to raise taxes for transport purposes. Will the Minister, through the congestion tax, persuade the people of London to leave their cars behind? The AA report "New leadership for London: transport in the capital", under the heading "Car ownership", states:
    "The number of cars per London household is lower than many other parts of Great Britain, reflecting the cost of parking and the availability and accessibility of public transport."
    Were I to introduce an anti-congestion scheme and someone were to tell me that lower car ownership had resulted, I should say that I had achieved my objective. However, the availability of public transport in central London is already achieving the objective of keeping London traffic movements at a lower level than they would be if public transport were not available—all the evidence suggests that the availability of public transport in London keeps cars off the roads.

    In Committee, we examined in depth the pilot scheme in Leicester. The Minister for Transport in London said that she would publish the results when they became available, and I assume that she is a woman of her word. However, early reports from that scheme give rise to serious questions about whether imposing a congestion tax on motorists will make much difference to their habits. Early reports from Leicester indicate that it takes a road-use charge of £6 to make a motorist change his pattern of behaviour. It is believed that in London the figure would be nearer £8. I do not think that even this Government would have the gall to introduce a £8 charge on motorists every time they made a journey in London. Given that they would not do that, it follows logically that a lesser sum would not deter anyone. So what do we have? We have a revenue stream. It is a tax by the back door. It is yet another example of a stealth tax.

    7 pm

    What will happen in the London boroughs? In Croydon, there are reports that the council intends to produce a congestion tax that will bear on motorists entering London once the Bill is enacted. Apart from ensuring the re-election of the Conservative group at the next borough elections, what will be the net effect? The answer is that local shoppers will go to the new Blue Water retail development near the M25 rather than pay to go to Croydon. The congestion tax may solve the problem of congestion in Croydon, but it will make it into a ghost town.

    A good example is provided by Bath, where the Liberal Democrat council has raised parking charges to such a high level that there has been a 7 per cent. fall-off in the local economy. The House must recognise that one cannot impose a congestion tax in isolation and expect there to be no knock-on factors.

    Does my hon. Friend agree that those who are most in favour of congestion charges are those who want to drive on our roads? The main purpose of a congestion tax is to get everybody else off the road so that the road is freer for oneself.

    My hon. Friend is absolutely right. I have yet to hear anyone advocating a congestion tax who does not drive himself.

    The second objective of the congestion tax is to reduce pollution. Notwithstanding my point that the tax is unlikely to affect volumes, it is possible to reduce pollution without the confrontational approach of extra taxation upon the motorist.

    Such have been the advances and technological developments in the production and construction of engines that a car manufactured 30 years ago emitted 95 per cent. more toxic waste from the back end than would a car produced now. That has been achieved by co-operation with the motor industry and without the need to introduce a congestion tax. We must try to remove the final 5 per cent. without imposing a charge. I am sure that the technology is available to produce the ultimate clean car. The Conservative party would encourage the motor industry to do so. It would also give every encouragement to cars powered by liquefied gas or electricity.

    It is worth noting that Oxford street, which is considered to be one of the more polluted areas in the country, is a street from which the car is excluded. The pollution tends to be the result of emissions from diesel engines in taxis and lorries. However, the Government must not use the environment as an excuse to impose a charge when other options are available.

    The Government's final, unashamed reason for imposing a congestion tax on Londoners is that it will create a revenue stream for the mayor. The Liberal party has been eyeing this up and has given it its full support. In "Yes, Minister", when the Minister in that programme was about to make a controversial decision, Sir Humphrey used to say, "Very courageous, Minister, very courageous." It is very courageous of the Government to be advocating an additional tax on London. They are doing so unashamedly with the full intention of creating a revenue stream for the mayor.

    The Government should be aware, however, of a recent report contained in a confidential Scotland Yard memo, according to the Evening Standard, which warns that there could be
    "a violent backlash by drivers, increasingly angered by moves to penalise them at every turn. A separate Government-commissioned study has also warned that drivers' acceptance of technology that charges them for driving on roads-and traps them when they don't pay-cannot be relied upon."
    The congestion tax will not be an easy measure to introduce. It is a courageous decision on the part of the Government to introduce it. I do not believe that anyone will become the London mayor on a pledge to introduce the tax.

    Is my hon. Friend aware of the report by the Sub-Committee of the Select Committee on the Environment, Transport and Regional Affairs on the integrated transport White Paper, which was produced last week? It comes to three clear conclusions on congestion charging. The first is that it must be 100 per cent. hypothecated. Secondly, it must be totally additional to any present expenditure. Thirdly, it must be permanent. We know that the Government are proposing congestion charging for 10 years. The Sub-Committee was plain that it must not form a revenue stream for the Government, the Treasury or local government.

    We talk of nothing else in Croydon. I intend to address all three points that my hon. Friend has sensibly and wisely raised. Early reports suggest that the congestion tax could raise £200 million a year. First, it must be questioned whether that is enough. In Committee, the Minister made it clear that this money would not necessarily be used as a subsidy for London underground, and referred to road improvements or traffic-related improvements. I venture to suggest that improving London's roads or traffic-related schemes will need more than £200 million a year.

    We congratulate the Government on the halfhearted establishment of the principle of ring-fencing and hypothecating the proceeds of any congestion tax. However, any congratulation must be tempered by two factors, one of which we believe to be fatal. First, the funding is ring-fenced for only 10 years in the Bill. That obviously prompts the question: what will happen after 10 years. In our opinion, the answer is clear. The money will go to the Treasury coffers. If it is to be ring-fenced, that should be the position in perpetuity and not for a limited period. To that extent we welcome the conclusion of the Sub-Committee to which my hon. Friend the Member for North Wiltshire (Mr. Gray) referred.

    Secondly, the greatest weakness of the Government's proposal—in our view the fatal one—is the additionality factor. I have no doubt that a Chancellor seeing a mayor with a revenue stream of £200 million a year would immediately dock £200 million from his transport grant to London, with the result that the people of London

    would be no better off. If the Minister is to reassure me that that will not happen, it will be clear that the Department has fought the battle over hypothecation. If so, why does it not fight the battle over additionality and enshrine the result in the Bill?

    We do not have to look far for a good current example, and that is next year's funding for London underground, about which there has been much discussion today. All the early signs are that that funding will have to come out of the road maintenance programme. If ever there were a classic example of having to rob Peter to pay Paul, this is it.

    The hon. Gentleman is exactly right about additionality. Why, then, did the Conservative party not support my hon. Friends and me yesterday when we tried, through an amendment to clause 86, to ensure that the Greater London Authority transport grant increased year on year, so that funding from central Government to Transport for London would not be a problem?

    Because I had no idea that that is what the Liberals were voting on. As I read the amendment, it described something entirely different. In any event, I do not feel slavishly bound to follow the Liberals through the Division Lobby on every occasion. We know that they have a pious coalition deal, which they keep denying. The Conservative party makes up its own mind, introduces its own amendments and votes when it thinks appropriate rather than letting the Liberals decide for it. The Liberals could easily have joined us in the Lobby just now, as their spokesman endorsed every point that I made on the public-private partnership.

    We oppose the congestion tax because it is a back-door tax—a stealth tax. It will not solve the problems of congestion in London, it will not ease pollution, it will damage local economies and it will hit the vulnerable. I urge the House to support our amendments.

    I support the Government amendments and oppose the Conservative proposal to delete clause 222. The Government's proposal is not to impose road charging. As the hon. Member for Southwark, North and Bermondsey (Mr. Hughes) rightly said in his intervention, the permissive provisions in the Bill would allow charging by the mayor and the London boroughs.

    The hon. Member for Croydon, South (Mr. Ottaway) said that the balance between public transport and road congestion was moving the other way. That may be so in some areas, but surely it is a matter for each London borough to decide in accordance with local circumstances. On a Londonwide scale, it is a matter for the London boroughs, the mayor and the Greater London Authority to put before the electorate. If the Conservative amendment were accepted and clause 222 deleted, that possibility would be removed from councillors and candidates at the GLA election next year, which would be a disservice to the people of London.

    Is the hon. Gentleman aware of the conclusions of the oft-quoted Transport Sub-Committee of the Select Committee on the Environment, Transport and Regional Affairs? The Sub-Committee's report on the White Paper on integrated transport were published last week. The hon. Gentleman's colleagues concluded that it would be wrong to allow any local authority to make up its own mind about congestion charging, as that would drive traffic into the neighbouring local authority. Labour members of the Transport Sub-Committee therefore supported a regional strategy only for congestion charging. Does the hon. Gentleman therefore differ from his hon. Friends on the Committee?

    Yes. Local councillors need to take a broader perspective. I would propose a sub-regional approach. Councillors and members of the GLA will have to think much more broadly. I have not read the report to which the hon. Gentleman refers, but I understand the argument. My view is that the debate must take place on a Londonwide basis, recognising local conditions and the position of Londoners as a whole and the commuter transport implications.

    The hon. Gentleman said a moment ago that the Government were not advocating road user charging, despite the appearance to the contrary—after all, as he knows, clause 222 dangles that prospect. In the light of what his hon. Friend the Minister said earlier, in a characteristically arrogant fashion, about the likelihood of a Labour mayor being elected, would the hon. Gentleman advocate a Labour mayor supporting such charges—yes or no?

    7.15 pm

    The debate on the Labour manifesto and the manifestos of candidates for mayor will take place in the coming months. I recognise the point made by the hon. Member for Croydon, South about the balance.

    In answer to the question from the hon. Member for Buckingham (Mr. Bercow), if the clause is removed from the Bill, that debate will not take place. It is taking place now in the Chamber, but, if the amendment is accepted, there will be no possibility of candidates for mayor and the GLA, and councillors in the London boroughs, debating the matter locally. For that reason, the provision should remain in the Bill.

    I recognise that there will be competing arguments. For example, when a bus lane is created, there is often opposition from car users, but support from those who use the public services. There is opposition from people who may be affected by rat running as a result of the new bus lane, and local measures may be proposed to avoid that. All that takes place locally.

    I support the measure because the revenues to be raised from the charges are hypothecated. I have some sympathy with the argument of the hon. Member for Croydon, South about the longer-term nature of the investment. The longer term must be taken into account in the decision-making process. The hypothecation of the revenues over a longer period would give much greater scope for investment. However, in subsequent elections, a party that opposed hypothecation after, say, 10 years could put its alternative proposals to the electorate. Those proposals might be unpopular, but parties would nevertheless need to consider the long term when formulating their policies.

    Am I right in thinking that the hon. Gentleman is arguing in favour of hypothecation being permanent? If so, does he realise that it will be necessary for him to vote against the Government in the forthcoming Division?

    I said that I had some sympathy with the argument for longer-term hypothecation. However, I support the Bill because it moves in an important direction and, with regard to hypothecation, it is unique in law making in this country. That is warmly welcomed, and the benefits will become apparent. It enables the argument about road charging to take place against the background of the resulting benefits and the scope for investing the revenues in public transport.

    The hon. Gentleman's tone is immensely reasonable. What is less reasonable is his unwillingness to tell us whether a Labour candidate for mayor should advocate road charging. As his party has included the provision in the Bill, does he understand that some of us are eagerly waiting, with beads of sweat on our brow, for Pandora's box to be opened so that we can discover the earnest intentions of Labour Members?

    I am sure that the hon. Gentleman's patience will be rewarded in due course. I am happy to give my opinion, but other colleagues may have different opinions. When we have formulated our policies, we will have the debate. I believe that there is considerable merit in road charging, provided that the revenues are used to improve public transport. The charges will be unpopular with some people, but, if those who pay them can see the benefits in improved public transport, the policy will be much more popular than Conservative Members think.

    Most members of the public who have to travel in and out of London and use their cars to do so realise that a major problem is building up, no matter who is in government and no matter who controls the GLA. Local traffic problems apply in local areas. The public want those problems to be resolved. They know that resolving such problems is difficult and often requires increased capital investment, but the road charging provisions are a way of squaring that circle. That is why I do not believe that they are as unpopular as Conservative Members say.

    I hope that hon. Members will oppose the Opposition amendment and support the amendments that would facilitate discussions on hypothecation and the detail of the Bill.

    I shall speak against the Conservative amendment and in support of the Liberal Democrat amendments.

    What would be the effect of the Tory amendment? It would simply remove the possibility—not the certainty—of road user charging. However, if road user charging were implemented after the viable public transport alternatives were put in place, it could play a major role in raising funds for investment in public transport, in improving the health of the one child in seven who suffers from asthma and in helping the United Kingdom to meet its CO2 reduction targets. Finally, it could play a major role in helping the boroughs to deliver on their target of a 10 per cent. reduction in road traffic, which was agreed under the previous Government and which they have to hit.

    May I take it from the hon. Gentleman that the Liberal Democrats will be campaigning in next year's mayoral elections on a pledge to introduce road user charging?

    ; I am happy to respond to that intervention. My understanding is that one of the Conservative contenders for mayor, Steve Norris, has indicated his support for the proposals. We have clearly said that we see a role for road user charging in reducing congestion in London. I am happy for that to go on the record.

    The official Opposition have to confirm whether they are committed to the targets for CO2 reduction to which the Government have signed up and whether they are committed to the road traffic reduction targets in the Road Traffic Reduction Act 1997, which was passed when the previous Government were still in office. Are they doing a U-turn on that issue, as on so many others? Even if the official Opposition are not convinced of the environmental arguments in favour of road user charging, are they not convinced that investment will arise from charges? In the unlikely event of a Conservative mayor or a Conservative Government being elected, how would they fund the investment that was needed? They have been distinctly quiet on that key point.

    The hon. Gentleman has obviously forgotten that, only last week, he was one of those who voted in favour of the oft-quoted report of the Transport Sub-Committee of the Environment, Transport and Regional Affairs Committee. The report said, in absolutely straightforward terms, that road charging must be hypothecated, additional and permanent, and must not be used for revenue streams of any kind. It appears that he is, in classic Liberal fashion, arguing exactly the opposite of what he signed up to last week.

    On the contrary, I am arguing in favour of everything listed by the Committee in its report. I shall come to those points in a moment.

    Road user charging must involve additionality, which is why we tabled an amendment to that effect yesterday. It did not receive the support of the official Opposition, apparently because they did not understand what it meant. Road user charging must be hypothecated for the purposes of public transport, cycling and walking, which is why we have tabled an amendment on that subject. It must also be hypothecated permanently, and we have tabled an amendment to that effect.

    It is clear that we cannot possibly support the Conservative amendment, which is all to do with political opportunism—a splurge in the media a few days before an election. It pays no regard to London's environment or to the investment needs of London Transport.

    I am grateful for the opportunity to take part in a debate that is extraordinarily important—not only to proceedings on the Bill, but to the recent general discussion on transport, particularly in the context of the integrated transport White Paper. The White Paper is much lauded by Labour Members and, as I have had

    occasion to say once or twice, the Transport Sub-Committee studied it recently and produced a report last week.

    If we are to address the problems that we all face in cities and towns across this small country of ours, we will have to address the question of congestion. I take issue with speakers on both sides of the House—Liberal Democrat and Labour Members—who have suggested that, somehow or other, Her Majesty's official Opposition are opposed to reducing congestion. Of course we are not; all along—when we were in government for 18 triumphant years and since—we have made it plain that we are wholeheartedly in favour of reducing congestion. It is terribly important that we should do so for health reasons, because of air pollution and so that people can get about the town.

    That brings me on slightly, to a point to which I alluded a moment ago. Most commentators produce ideas on environmental questions, not necessarily because they believe that they will carry them out, but because they hope that everyone else will carry them out. Two or three examples spring to mind. All my constituents talk gaily about how important it is to support village shops—and, indeed, it is—but, goodness me, they spend £5 in the village shop once a week and then zip round to Sainsbury's by road to spend £200 or —300 on their week's shopping. Although they pay lip service to reducing congestion by using the village shop, they contribute to it by going to Safeway or Sainsbury's.

    The same applies to road user charging. People talk about reducing congestion in central London, for example. They say, "Until now, I have been using my motor car to get to central London. I would like you, Mr. Mayor, to introduce road user charging. That will hurt me in my pocket, so I will give up my car and get on the underground." Oh, no, that is not what they mean at all. They mean, "I want you, Mr. Mayor, to introduce road user charging. That will mean that there will be a great reduction in traffic across London, so I can drive into the office much more quickly than I have been for the past two or three years." That is entirely selfish and entirely the opposite of what is proposed.

    The Government seem to be in nirvana. They think that, somehow, introducing this road tax—an entry fee of £10 according to my hon. Friend the Member for Croydon, South (Mr. Ottaway), although I hope that that figure is wrong—will make people better and make London a better place. All it will mean is that company car users will lob the fee back to their company accountants. Millionaires driving their Rolls-Royces will not be bothered about a fee—they would pay £8 or £10 with no trouble at all, and would pay £10, £20 or £30 for parking. They would not care about that. However, old people who need their motor cars to get to the shops, disabled people who cannot et down the steps into the underground and poor people who cannot afford to pay £10 would be damaged by such a fee.

    Road user charges would have exactly the opposite effect to that which the Government describe, but would encourage the people whom I mentioned to say, "Fine. I have a big BMW and I work in a bank in the City of London. I do not care about road user charges. Indeed, they will make things even better because the roads of London will be clear for me to zip along at 90 miles an hour."

    A borough or a mayor introducing such a scheme would take into account, through concessionary measures, people with disabilities. Would that not answer the hon. Gentleman's point? Moreover, the groups to which he referred would benefit from improved public transport.

    7.30 pm

    The hon. Gentleman reminds me of a point that he made in his thoughtful speech, which was about allowing individual boroughs to do different things. Let us imagine a situation in which the borough of Hackney signs up to road user charging and is determined to keep cars out of the borough. It may say, "We will charge road users £20 so that no one comes through the borough." Given the ring of steel around the City of London, the City of London would almost certainly say, "Fine. We are determined to deter cars from going through the City of London, so we will charge road users £100." My friend the fat cat in his BMW would not care about that. Those who would care are people in the borough of Islington and boroughs south of the river, which would be used as rat runs by those avoiding the heavy charges.

    Allowing a borough to make up its own mind on road user charging would have exactly the opposite effect from that described by the hon. Member for Upminster (Mr. Darvill). That point was brought out clearly in the Labour-dominated Select Committee report last week, which deals not with London, but with other parts of the country. It says that it would be wrong if a local authority had the right to make up its own mind about road user charging or parking charges because that would have an appalling effect on neighbouring boroughs and councils. It says that such decisions should be made by the regions. I do not recall exactly what the report says, but it was said in the Select Committee discussions that the regional development agencies, or possibly the elected regional governments—if, heaven forfend, those ever come about—might be the right bodies to make those decisions. If local authorities were allowed to make them, the effect on neighbouring councils would be deleterious.

    I am grateful to the hon. Gentleman, who I believe is a member of the Select Committee to which he refers. Everyone in the House welcomes his interest in this debate, but this is clearly the first time that he has turned his mind to the Bill, because he is under a total misapprehension with regard to the introduction of road user charging within London. Boroughs must fit into a mayoral strategy. It will be for the mayor to decide whether to introduce such charges. Boroughs must be part and parcel of that strategy, and the Secretary of State will examine how the money will be spent. The figures which the hon. Gentleman is tossing across the Floor of the Chamber are absurd. I am delighted that he has at last managed to manifest an interest in our deliberations.

    I was merely answering an intervention by the hon. Member for Upminster, who suggested that charging should differ from borough to borough. I am surprised that the Minister was not clearer about the fact that I serve on the Select Committee on the Environment, Transport and Regional Affairs. I am proud to do so. Given the hard time that we gave her on one or two of her appearances before the Select Committee recently, I should have thought that our faces, if not our names, would be engraved on her memory.

    My hon. Friend suggests that the Minister may be too thick-skinned to be aware of that. Perhaps he is right, but I would not be so ungentlemanly as to suggest it.

    What is the purpose of road user charging? My thesis is that it will not achieve the aims that the Government have set up for it. It sounds like a frightfully good idea if it is to reduce road usage, but it will reduce road usage for the wrong people and allow those who do not care about the cost to continue to use the roads. It is rather like the recent increase in petrol charges, which has damaged my rural constituency, poor people and the disabled.

    The hon. Member for Upminster also suggested that road user charging might enable disabled people to use public transport. I do not know about the disabled people in his constituency, but there are many disabled people in my constituency who could not use public transport under any circumstances. Flippantly to suggest that they should be charged off the roads in the hope that that will make public transport better is not a particularly caring point to make.

    The point that I made was twofold: first, that concessionary arrangements could be made for disabled people; and, secondly, that an increased investment in public transport might benefit some disabled people. I was not making a cursory suggestion; I was saying that there are two sides to the argument that road user charging could benefit the groups that we were discussing.

    I am grateful to the hon. Gentleman for his clarification. I hope that he will forgive me for misquoting him, but I was thinking on my feet. He makes a good point. The more reductions there are for old people and the disabled, the better. Even better, however, would be no user charging at all. We would then not have to worry about concessions for the old, the disabled and the poor.

    The hon. Gentleman said that the Conservatives believe that congestion needs to be tackled. Perhaps he is about to explain how.

    I am grateful for that question, but I fear that you would rule me out of order, Mr. Deputy Speaker, if I launched into a wider discussion on transport and how to reduce congestion on the roads. We are discussing the proposals in the Bill for road user charging within London. Perhaps the hon. Gentleman and I could have an interesting discussion about reducing congestion in the context of the Select Committee, but I would be trying your patience, Mr. Deputy Speaker, if I dealt with it now.

    I wish to concentrate for a moment or two on the three aspects of road user charging that I find particularly unattractive. Labour Members talk gaily about hypothecation, but Treasury officials with whom we did battle over 18 years have always gone to lengths to say that there can be no such thing. Hypothecation does not fit in the Treasury's theology, for the good reason that, if a public duty should be carried out, it should be carried out through taxation. Hypothecation is a misleading way of pretending that, somehow, taxation is being put to a particular use.

    Worthwhile measures such as improving the transport infrastructure in London will cost much more than the funds raised through road user charging. If the Government then say, "We are sorry, but we don't intend to do those things because they are more expensive than the money that we have raised from road user charging," they will be wrong. If we have to look after those with asthma, reduce pollution and facilitate movement around the centre of London, the GLA should do that, irrespective of how much money it raises from road user charging. Treasury mandarins always tell me that hypothecation does not work for that reason.

    If one is to hypothecate, additionality is crucial. It must be possible to demonstrate beyond any shadow of a doubt that the project for which the money is being used would not, under any circumstances, have been undertaken anyhow. The Environment, Transport and Regional Affairs Committee is discussing bus lanes, improving the roads and all kinds of projects that should be undertaken by any Government. Additionality, which is absolutely central to road user charging, means providing for transport users something that they would not otherwise have. If the money is simply used to improve the underground or the road lights in Clapham high street, it is a wrong use of road users' money.

    My next point—it is the main thing that is wrong with the proposals-is that the arrangement must also be permanent. It must not be for just a few years. The GLA must not be able to say, "Londoners will not notice. We shall charge them a few pounds for a few years, and they will then forget about it. We shall then bring the charges into the mayor's funds," or, in the case of the Labour party, into the Treasury's funds. That is a straightforward con. The Government are telling the public, "We're going to take this money off you. We're going to pretend that it's for transport use of one sort or another. Don't you all want cycle tracks? Don't you all want to encourage pedestrians"—as the Liberal Democrats are always reminding us—"and don't you want to improve roads? I'm sure you're all very fed up with the congestion in London. It must be awful when you're trying to get to work and the roads are all congested. Don't worry, we're going to charge you £8 a time when you come into London, and we're going to use the money to put those things right for you. Aren't we a wonderful Government?" However, there is a postscript at the bottom in very small print, which reads, "But only for 10 years."

    Does my hon. Friend agree that the precedents that the Government have established in other areas of public policy in the past 24 months offer us no confidence that a road user charging policy would be operated on the basis of additionality—rather, the contrary applies?

    My hon. Friend makes that point extremely well. Our experience in the past 24 months shows that the Government will put a spin on the measure and will make out that it will help the public, but the truth is that it will help no one other than themselves.

    The hon. Member for Carshalton and Wallington (Mr. Brake) alluded to revenue flows for the mayor. The Government are not even covering their nakedness by pretending that the revenue is additional, that it is for transport and that it is permanent. They have the brass neck to say, "It is only for 10 years and then we'll have the cash. What would the poor old mayor do if he didn't have road user charging, because he wouldn't have any money? The poor old mayor needs the cash. He needs the revenue flow. What's the point of having a mayor without the revenue flow? Road user charging is terribly important, because it gives the mayor some cash."

    Is the hon. Gentleman not overlooking the issue of accountability? The mayor will be directly elected by the people of London, and will be accountable for the policies that he or she puts into place. If a mayor were to do what the hon. Gentleman is suggesting regarding future investment in public transport in London, he or she would soon be accountable to the people and would be out of office.

    The accountability point is a good one. The hon. Gentleman is quite right. It will be extraordinarily interesting to see in the manifestos of the various candidates for mayor whether they sign up to an £8 or £10 road user charge. Labour candidates—who knows, the Minister may be one—may be brave enough to say, "Please vote for me, because I'm going to charge you £8 if you come into London." I would be bold enough to say that accountability would work, and, if the hon. Lady were such a candidate, she would certainly not be elected.

    It was interesting that the hon. Member for Carshalton and Wallington, when challenged on this point by my hon. Friend the Member for Croydon, South, went to some lengths to avoid saying whether a Liberal Democrat candidate for mayor would be upfront and would say that he would introduce road user charging. The Conservative party is clear: we would not bring in road user charging in London. We have tabled the amendment to prevent road charging from being introduced, so that, even if an elected mayor wanted to do so, he could not.

    The Conservative party is the only party in the Chamber that has made its position clear—none of the minority parties is present, except the Liberal Democrats. Her Majesty's official Opposition are making it absolutely plain that we wholeheartedly oppose congestion charging in London. Our mayoral candidate will stand on that manifesto. The hon. Member for Eltham (Mr. Efford) is quite right in saying that accountability comes into it, and, if mayoral candidates from other parties stand boldly in front of Londoners and say, "We're going to charge you guys for using our roads," they will lose.

    If accountability comes into it, should the mayor not have the right to choose whether to introduce road charging? By taking his approach, would the hon. Gentleman not be denying the democratic right of the people of London to choose whether they want road pricing?

    The hon. Gentleman is quite right. However, with the amendment, we are trying to protect the people of London from the stealth tax that the Government propose to introduce in the Bill. We are opposed to congestion charging. We do not believe in charging Londoners £8 or £10 to use their own roads. The Labour party does, and the Liberal Democrats may or may not£but, as usual, it is not certain. That is true accountability. I am sure that, if the debate is reported—I hope that it will be reported during the campaign for the mayoral elections—it will be absolutely plain that the Conservative party is wholeheartedly opposed to road congestion charging. We have spoken against it for some time, but the other parties are in favour of it. It is worth putting it on the record that the Conservative party is the only party opposed to road user charging.

    It should be made clear that the proposal that the amendment would change is not about congestion, health, air quality or any of the worthy issues that some hon. Members have referred to, but about revenue for the mayor. If done nationally, it is about revenue for the Treasury. That is one of the strongest reasons why we have tabled the amendment.

    7.45 pm

    As there is such interest in what intending candidates for mayor would do, I can tell the House that I was initially sceptical about the congestion tax. I was aware of the origins of the tax. It was not drawn up in Labour party headquarters, and it is not some product of a leftie think tank: it comes from the neo-liberal, Thatcherite right. Milton Friedman and others argued for a congestion tax. According to my broader version of it, it is a flat-rate tax, like the poll tax. It would not be my tax of first choice to fund transport, but it is an integral part of the Government's transport strategy for Britain.

    London is being given the chance to introduce this tax ahead of the rest of the country, largely because if it cannot work here, it will not work anywhere else in Britain. We still have a good public transport infrastructure and a degree of congestion that makes the case.

    I think that there is wide public acceptance that something like a congestion tax must be introduced. The debate will be about the levels. [Interruption.] I see Conservative Members shaking their heads, but I have received detailed documents from broadly business organisations in London calling for a £5 tax. Taxi drivers, who are not normally part of the militant tendency, are talking about £7.50, although they think that they should be exempt. That is understandable, because the taxi trade should be integrated into the overall Government public transport strategy.

    Before the hon. Gentleman is completely seduced by the pleas of the business community in support of the road user tax, he should be aware that it is trying to distract attention from the workplace parking levy, which affects businesses. If he reads on, he will find that businesses are opposed to the workplace parking levy, and that they want the man on the street—or, more to the point, the man behind the wheel—to pay the extra taxes rather than business.

    It will come as no surprise to the hon. Gentleman that I find the car park tax a more attractive proposition, because it is not a flat-rate tax. To provide the extra resources that London needs to have a dramatic improvement in the quality of public transport, money has to come from somewhere else. The Government will not suddenly open their coffers to London so that there is a great flood of extra resources. As London is substantially more wealthy than the rest of the United Kingdom, and inner London is the richest region anywhere in the European Union, it is not unreasonable that we look to Londoners to pay part of the price of improving the quality of public transport.

    A list of proposals is rapidly building up among candidates across the political spectrum. Jeffrey Archer wants high-speed bus lanes. Proposals for new buses from the outskirts, conductors back on the buses and improved cleaning of the buses will require money. I think that Londoners would be prepared to pay a reasonable sum to see an improvement in the quality of public transport, so that people are encouraged to leave their cars at home.

    The tax could be introduced in a divisive and counter-productive way. It could be a massive levy dumped on Londoners without first seeing some improvement in the quality of public transport. I have not the slightest doubt that the Labour party manifesto for the mayor and assembly for London, and all the leading Labour candidates for the assembly and the mayoralty, will propose a phased introduction and tying the tax to a real improvement in the quality of public transport. That will produce the circumstances in which we can recreate the impact that the Greater London council's fares cut had in 1981 of getting people to leave their cars at home and switch to public transport.

    Careful handling and planning will be needed. We shall have to listen to what Londoners say about the level at which the charge should be set, and the areas that will be affected. We shall have to be cautious. It would be a great mistake to set this tax at a level that would cause a public backlash, or to create the impression that we favour an anti-car strategy rather than a pro-public transport strategy.

    I think that, during the debate that will take place in the coming year as the election of mayor becomes closer, we shall see that Londoners are prepared to pay that bit more to put a public transport system that previous Administrations have ignored for the best part of two decades back on its feet, and to ensure that it is effective, efficient and clean. At the same time, encouraging people to leave their cars at home by means of the combination of a congestion tax and improved public transport will lead to a better quality of life in London as pollution, congestion and the number of accidents are reduced.

    I see the attraction to the Tory party of an opportunity to say, "This is just another tax. We are opposed to it, as we are opposed to every tax." The Tories will have to answer a question, however: where will the money needed to improve public transport come from if they turn their backs on the tax measures that the Government are giving Londoners a chance to implement? For we are talking about Londoners: it will be Londoners who go to the polls next May knowing where their candidates—Tory, Liberal and Labour—stand on the issue. I have no doubt that they will cast their votes, by an overwhelming majority, for candidates who are prepared to use these taxes to improve public transport and the quality of life in our city.

    I thank the hon. Member for Brent, East (Mr. Livingstone) for bringing us back to reality, and for referring to the need to tackle congestion. The hon. Member for North Wiltshire (Mr. Gray) took us down an odd path when he spoke of paying £5 in his village shop and £300 in the nearest supermarket, especially as no London Conservative Members were present at the time.

    Congestion is a huge problem in the capital. The hon. Member for Croydon, South (Mr. Ottaway) said that it had not increased in the past 20 years, but that is because it is so bad. It is a real problem in both inner and outer London. When I knock on doors in my constituency, I find that people raise the issue of traffic congestion time and again. They want the Government to give a lead.

    We have not talked about the market economics behind road use charges. The Conservative party used to be the party that believed in market economics and price signals. One reason for traffic congestion is that public highways are a free good: people do not have to pay to use them. Basic macro-economic theory shows that, when a free good is available, people tend to use far too much, because they do not have to pay for it. When a price mechanism is introduced, people are given a signal to help them to make choices, and resources can be allocated more efficiently across society.

    Does the hon. Gentleman apply the same arguments to the national health service, as his logic suggests?

    I can see from your frown, Mr. Deputy Speaker, that you do want me to stray too far from the amendment, so I shall be careful about how I answer that question. The national health service was established to be free at the point of use: that was one of its basic notions.

    People want to be able to travel along Britain's roads without the problem of congestion, and they want the Government to come up with policies to prevent it. That is the thinking behind this policy. We need only consider the incentives that will result from road user charging. People will ask themselves, "Do I really have to take that journey in my car? Is there an alternative?" Not only Londoners, but those living in the constituency of the hon. Member for North Wiltshire who are coming to London may think twice. Perhaps they will leave their Mercedes at home and get on the train, even if they are as wealthy as they seem to be.

    I did not suggest at any stage that my constituents were wealthy. That is not the point that I was making, as the hon. Gentleman well knows. The hon. Gentleman wants the tax to be used to drive people off the roads, and leave them open to those who can easily afford to pay it. It is a rich man's tax. The rich man in his Jaguar will be fine, while the poor man will have to stay at home.

    The hon. Gentleman clearly was not listening. What I said was that a price signal would lead people, rich or poor, to think about their journeys and about the alternatives. In fact, most people on low incomes do not use cars. If the hon. Gentleman looks at the statistics, he will find that the public transport system will be massively improved for those who use public transport most at present by the revenue streams that will be generated. Those on low incomes stand to benefit. Although congestion charges are right in principle, for the economic reasons that I have given and the environmental reasons given by other speakers, they will work only if there is a political consensus, not just here but in the wider London population. In that respect, I fear that the Government are not doing their own policies a service in regard to their presentation in both the Bill and the media. In this instance, the hon. Member for North Wiltshire was right: he complained that the Government had not ring-fenced the revenues from road user charges effectively. The Government are not guaranteeing to those who will pay that the charges will be ploughed back permanently into public transport in the capital.

    The hon. Gentleman made two points in that regard. First, he made a point about additionality. We need to ensure that the revenues raised constitute additional funds. That is why the Liberal Democrats argued yesterday and in Committee that the Greater London Authority transport grant—the money that the Government currently suggest should go to Transport for London—should be maintained in real terms. If a future Chancellor could say, "Mr. Mayor"—or Mrs. Mayor—"now that you have your revenues from road user charges, you will not need the transport grant any longer", it would undermine public support for the charges in London.

    Additionality is a key part of ensuring that road user charges are saleable to the public, but another key part is ensuring that they are ring-fenced. After the Second Reading debate, the Government relented and in Committee, by means of schedule 18, they inserted a complex set of paragraphs in an attempt to persuade people that they would ring-fence the revenues for 10 years; but, as we said in Committee, we do not feel that they have actually done that, and detailed scrutiny of schedule 18 will prove that we are right. Ministers did not accept our argument in Committee, but, even if they do not accept it now, the Government ought to consider it seriously in the other place. It is in their interests, and in the interests of those who want to reduce congestion, for the tax to be made saleable.

    Paragraph 17(6) of the schedule sets out in detail how the 10-year period will be measured. Paragraph 17 introduces the concept of the initial period, at the start of the 10 years; sub-paragraph (6) specifies how the time when that initial period began will be judged. Under the sub-paragraph, effectively, the Secretary of State can deem that a particular road user charging scheme has been changed in some way. Perhaps the rates have changed; perhaps the district boundaries have changed. The Secretary of State can then say, "This is a different scheme", and the initial period will therefore be deemed to have come to an end.

    8 pm

    As the initial period has come to end, the revenues will no longer be available solely and exclusively for investment in London Transport. I do not say that to make a political point. I am trying genuinely to be helpful to the Government because I want to ensure that they achieve in legislation what they say they want to achieve: to ring-fence the revenues.

    That is not the only aspect of road user charging that we need to address to ensure that the new charges are saleable politically. We need to ensure that there are improvements in the public transport system up front. People who are going to be asked to pay the charges need to know that they will get benefits. As we have seen in the first two years of the management of London's underground and public transport system, such improvements to London's public transport system have not occurred. That is likely to occur again now that the Government have gone down the path of PPP schemes.

    What may happen is that the charges will be introduced, people will be asked to pay and then they will not see any benefit for several years. That is not a politically sensible strategy. I am incredibly worried about that because I want congestion to be tackled. Charging may be one of a package of measures that will help, but it will fall at the first hurdle if we do not persuade people that it is in their interests—that it will tackle the problems that we are all concerned about.

    Therefore, I ask the Minister to examine the way in which the Government are putting the road user charges element of their public transport strategy for London together, as well as the money that they are investing in London underground and other aspects of London's public transport.

    I am particularly concerned about the following point, which was mentioned in the previous debate, but is relevant now: the money for London's public transport system from April 2000. At the moment, no one is clear, least of all in the management of London Transport, where the money will come from to maintain the infrastructure, to invest in the system and to ensure that improvements are achieved. If the managers of the system are not sure where the money is coming from less than a year before that financial year starts, clearly, they cannot make the proper investment plans and strategies that are needed.

    Those are my two concerns about the way in which the Government are approaching the matter. First, they are not ensuring that the money is fully hypothecated and will be genuinely additional. Secondly, their overall transport strategy is not ensuring that there will be benefits up front for the people who will need to use the alternatives to cars or motor transport. Indeed, the alternative is public transport.

    I do not think that Ministers can get away with leaving it to a future mayor. They cannot duck responsibility on the matter. I was pleased that the hon. Member for Brent, East, who may turn out to be a mayoral candidate, is now on record as saying that he supports road user charges. He has a legitimate point about the level of those charges. There will be a debate on that, but I am glad that, in principle, he is now in favour.

    We have heard that at least one putative Conservative candidate—my hon. Friend the Member for Carshalton and Wallington (Mr. Brake) mentioned him earlier—may be in favour of the scheme. Apparently, Lord Archer is against. He has taken the populist, opportunist Tory line, but it is possible that candidates who are against road user charges might win the mayoral elections.

    The Minister cannot push that point aside and say that a Labour candidate will win. It is possible that a candidate from another party, or an independent candidate who is opposed to road user charges, will win. If that person has made a case against road user charges, that not only puts a massive hole in the Government's strategy for London Transport, but may put a huge hole in the finances of the PPP and London Transport.

    We have been round this course in Committee. I say to the hon. Gentleman again, as I said to him then, that the modelling for the PPP is not based on any funding from either road congestion charging, or a levy on workplace parking. I repeat to him for about the sixth time that the financial modelling for the PPP is not dependent on any revenues from congestion charging.

    The reason why the Minister keeps having to repeat that point is that she will not publish the report that contains the modelling so that the House can see it before it passes the Bill. If she and her colleagues had the decency to publish that report, so that we could scrutinise and analyse it, the matter might be a little more open, the debates might be a little more fruitful and we would not have to make a stab in the dark about where the calculations are coming from.

    In a constructive spirit, I say that the Government have to make the case for road user charges. We know that it will be politically difficult to sell. No one is under any illusions about that, but unless they create the framework properly and sensibly in the first place, making that case will be incredibly difficult.

    The issue inspires much passion among people outside the House. If there were a referendum on the issue, there might be a higher turnout than in the local elections tomorrow. I recall having a public meeting about the closure of a hospital in my constituency and booking a rather large hall, expecting thousands of people to turn up; 110 did so. When I had a similar meeting on the introduction of speed humps in a short road, the same number turned up.

    I have concerns about the introduction of road charging. We need to take a sequential approach to the issue, the first being that we need to charge at the place where people park. We need to end the process of allowing out-of-town centre developments with huge car parks that one can land jumbo jets on, which have free parking.

    One of the concerns that I have, representing an outer London constituency, is that it is likely to be close to one of the areas where a booth or machine for charging for entrance to London will be sited. Many people from outside London use my town centre, which is likely to be the other side of the toll booth, or whatever it is going to be. That would place my town centre at a disadvantage. I know that other hon. Members representing other town centres and other cities have similar concerns. Therefore, the issue requires more discussion.

    The problem that I have with the Liberal Democrats' approach is that they are taking away the democratic right of Londoners to have a say on the issue. A similar position has been taken by the Conservatives. The mayor should have powers to introduce the measure. The mayor should be able to go to Londoners to have the debate. At the moment, I err on the side of caution because I do not think that London is ready for road charging, but that option should be available to the mayor.

    Another problem that we face—it is something that I have spoken about several times in the House already—is that south-east London does not have the tube network.

    North Greenwich will have the tube soon. My constituency does not have it. The A2 and A20 meet in my constituency near two motorways. The problem with road charging is that it does not offer at the outset an alternative for people to switch to.

    Connex South Eastern says that, during peak hours, it is running at capacity. It does not have any excess places for people to use at peak times. The London bus network is not seen as a satisfactory alternative. People could turn to the London taxi, but that would only add to road congestion.

    Are the Conservatives aware that the average speed in London before the introduction of motor vehicles was 11 mph and that their transport strategies managed to get the figure back down to 11 mph by the time that they left office? Their transport strategies do not, therefore, give them much to crow about.

    The serious point is that there are no transport alternatives. We need substantial investment in public transport to improve and expand it, and to allow people a choice. They could then switch from their car to safe, affordable, comfortable and reliable public transport. At present, we are not offering people those alternatives, particularly in my part of south-east London. Public transport should be extended before we go down the road—if I may use that word—of introducing road user charging, but Londoners should have an opportunity to tackle that issue in future.

    My hon. Friend the Member for Eltham (Mr. Efford) is entirely right. The Bill contains enabling powers, and he put his finger on the point when he said that such powers should be available to the mayor, should he or she wish to use them.

    Londoners have said time and again that traffic congestion in the capital needs to be tackled. Clauses 222 and 223 will enable London's mayor and boroughs to introduce road user charging schemes and levy a charge on workplace parking. We amended the Bill in Committee to give the mayor and boroughs those new powers, underlining our proposals for a strong, effective mayor with powers to tackle congestion.

    The hon. Member for Croydon, South (Mr. Ottaway) was at some pains, as he said, to set the record straight on the Conservative party's policy on that issue. However, he seems to have executed a U-turn this evening because I distinctly remember that, in Committee, he said that the Conservative party was not opposed in principle to introducing road user charging nationally; it was only London's mayor to whom it wanted to deny those enabling powers.

    I regret that the hon. Member for North Wiltshire (Mr. Gray) is not in his place, not least because he is clearly as uninformed about his own party's policies as he is about the Government's proposals. He is opposed to any charging scheme unless there is clear hypothecation. His experience of the Treasury led him to believe that hypothecation would never be introduced, but we, as a radical Government, have demonstrated that it can, and will, be introduced.

    The issue of hypothecation ran through all the contributions to the debate. Hon. Members expressed concerns about whether 100 per cent. of net proceeds would be available to the mayor and boroughs for the mayor's transport strategy, how long hypothecation would operate and whether hypothecated income would be additional. I shall lay to rest all the fears on those three issues. Certainly, 100 per cent. of net proceeds will be spent exclusively on the mayor and borough transport strategies.

    Hypothecation may continue for longer than 10 years for specific schemes. However, I say to the hon. Member for Carshalton and Wallington (Mr. Brake), who spoke to the Liberal Democrat amendments, that we reject permanent hypothecation, as we did in Committee when the hon. Member for Kingston and Surbiton (Mr. Davey)—or perhaps it was the hon. Member for Sutton and Cheam (Mr. Burstow)—proposed it. As I said to Liberal Democrat Members then, it is absurd to think that one would achieve the best public transport system or the best value for the taxpayer if a scheme of permanent hypothecation were introduced, because we do not seek gold-plating or platinum-plating of public transport legislation. Surely it must be possible to evaluate schemes to find out whether they are delivering best value for the taxpayer.

    Would it not be possible, under a permanent scheme, for the mayor to decide to reduce the congestion charges or abolish them entirely?

    8.15 pm

    As I have already pointed out, the 10-year period is not an absolute cut-off; when schemes are reviewed, it will be possible to extend them. Clearly, there will be schemes that will take much longer than 10 years to complete, but to include in the Bill the requirements in the Liberal Democrat amendments would be nonproductive. They would not produce best value for the taxpayer or, in the long run, the best and most effective improvements from transport schemes.

    Concerns were expressed about whether such hypothecated income streams would be additional. I was somewhat surprised to hear the concerns expressed by the hon. Member for Kingston and Surbiton, who was in the Committee when I made that point clear, but I shall make it clear again. The Bill requires any such scheme to keep separate income and expenditure accounts. Such accounts must be published annually and it will therefore be abundantly clear that those revenues are indeed additional.

    Is the Minister saying that the only money available for London transport will come from road user charges?

    I am bemused by the hon. Gentleman's question, and I would love to know—or perhaps I would not—how he arrived at it. I repeat that any concerns that revenues raised from road user charging would not be additional should be laid to rest by the fact that the Bill requires all such schemes to keep separate income and expenditure accounts, which must be published annually. It will therefore be abundantly clear that those revenues are indeed additional.

    The hon. Gentleman was concerned also about whether there would be funding for the mayor and the boroughs. I cannot understand his concern, because the Government have announced an additional £1.8 million for local authority transport.

    Does the Minister accept that I share Liberal Democrat Members' concerns? This is a question not of publishing accounts and saying that the revenue is additional, but of what the Treasury will be doing. Will the Minister assure us that there will be no reduction in the Treasury's grant to match the money raised by the schemes?

    Is the hon. Gentleman seriously asking me to predict Budgets five or 10 years in advance? Did his party ever do so? Did his party ever guarantee any kind of funding for local authority transport? The Conservatives guaranteed year-on-year reductions. I say to the hon. Gentleman and the hon. Member for Kingston and Surbiton that their fears that the hypothecated revenues might be a way for the Government to avoid their responsibilities, now or in future, by eroding central funding for local authority transport schemes are unfounded. I say for the third and final time that the Bill requires such schemes to keep separate income and expenditure accounts, which must be published annually.

    I have already said that the Government's commitment to improving and integrating public transport is on the record, not only in our policy pronouncements, but in the additional £1.8 million that we have provided for local authority transport.

    The hon. Member for Croydon, South accused the Government of being anti-car. That is far from the case, but we are anti-pollution. I am sure that he is aware that drivers suffer three times more pollution from petrol-driven cars than those who walk on the pavement. Any improvement that can be made in congestion will therefore not only improve journey times, but begin to reduce the amount of pollution in our air, thereby improving the environment and the quality of life in London. That point was made in the thoughtful contribution of my hon. Friend the Member for Brent, East (Mr. Livingstone).

    The hon. Member for Croydon, South is clearly anti-pedestrian, and does not like the idea of zebra crossings being introduced. He is also very doubtful about traffic calming measures—which are road safety measures that have reduced accident rates, particularly for children, pedestrians and cyclists. Traffic calming measures have, indeed, reduced the accident rate for children by 67 per cent.

    In this debate, the hon. Member for Croydon, South acknowledged that public transport in London is good; although, in our previous debate—in the criticism that he was levelling at London Transport—he could have fooled me that that was his belief. Nevertheless, he ignores the fact that public transport is good only because of a basket of schemes enhancing public transport's priority on the road.

    I cannot let the Minister get away with saying that I am anti-pedestrian. The point—which I went to great lengths to make—is that there has to be a balance between the needs of pedestrians and of motorists. I also questioned whether the Government had struck the balance right. That certainly does not mean that I am anti-pedestrian.

    The hon. Gentleman certainly implied that he was anti-pedestrian. He was much exercised by the introduction of pedestrian crossings in a road in his constituency. Moreover, his main concern about the crossings was not safety or the fact that they did not improve access to either side of the road for pedestrians, but that cars had to wait in queues for pedestrians to cross.

    Roads are surely not the exclusive preserve of the users of one form of transport, and they certainly are not paid for by users of one form of transport. Surely pedestrians and cyclists, and certainly public transport, have a right to their fair share of our roads and of road use. Ever since the Government entered office, we have been prioritising the needs of pedestrians, cyclists and public transport.

    The hon. Member for Croydon, South also expressed concern about the possibility of congestion charging leading to—I paraphrase—a "beggar my neighbour" policy. He gave the example of Bluewater, which he said is having an effect on a town centre in his constituency. Bluewater—which was given planning permission by the previous Administration—underlines the absolute necessity of co-ordinating planning and transport decisions. We have introduced a requirement for those decisions to be co-ordinated. We simply cannot create good transport infrastructures without considering land use and land use planning issues.

    In his speech, my hon. Friend the Member for Eltham (Mr. Efford) expressed his concern about those issues. Precisely to address those issues, the Government have made it abundantly clear that there must be co-ordination in any such schemes, and that such schemes must work within an over-arching mayoral strategy. There would be no virtue or value if the introduction of such schemes turned city centres into ghost towns. We are concerned with the revitalisation of our urban centres, and one of the ways of achieving that objective is to make our urban centres pleasant places in which to work, shop, walk and live. We therefore have to reduce not only traffic congestion on our streets, but the noise and environmental pollution that go with that congestion.

    I should say again—just so that there is absolutely no doubt about the issue—that the modelling for the public-private partnership for London Underground is not dependent on revenue from road user charges or the workplace parking levy.

    As I said, I regret that the hon. Member for North Wiltshire has left the Chamber. I was somewhat bemused by his expression of concern for the poor, the disabled and the elderly. When the Conservative party was in government, those sections of our society seemed to have totally disappeared from Conservative party thinking. He also complained about increased fuel duty as it affected his constituency, again neglecting to point out that that policy was introduced by the previous Government.

    The hon. Member also expressed some concern about protecting London. Again, however, a previous Conservative Administration abolished the GLC, thereby denying a democratic voice to the people of London. I shall not go into the details of the inordinate damage that Conservative Administrations have inflicted on Londoners—by taking away housing, jobs and many social services.

    The provisions in schedules 18 and 19 will ensure that the schemes that I have been describing may be introduced quickly and operate effectively and equitably. However, I repeat that they are enabling powers, and that it will be for the mayor and the boroughs to decide whether to make use of the charging powers provided by the Bill.

    I have already touched on the issue of what I perceive to be the official Opposition's U-turn on the issue, by seeking to deprive the mayor and the boroughs of the option of introducing a road charging scheme. However, as I said, I appreciate from the remarks in Committee of the hon. Member for Croydon, South that he perceives Conservative party policy as in principle favouring introducing such charges—but only nationally and not in London. He did not afford any evidence that, should they be introduced, our hypothecation of any such revenue raised would become part of Conservative policy.

    Evidence shows that road user charging and a levy on workplace parking are able to help to tackle the problems of congestion and pollution. Clearly, less congestion means faster, more reliable journey times, and that will benefit businesses, motorists and the capital's bus users. It will make the streets more pleasant for pedestrians and residents, and make our city more attractive to tourists.

    New charges will also generate a revenue stream. As I have already made clear, all such schemes introduced by the mayor or boroughs within the GLA's first 10 years will retain every penny of the proceeds for transport expenditure. We shall review the arrangements 10 years after establishment of the GLA.

    As I said, we do not share the view of the Liberal Democrats that hypothecation of charging revenues should continue indefinitely, as they might not provide value for money in the long term.

    I have also touched on the issue of requiring separate accounts to be maintained and published for each charging scheme, guaranteeing transparency and demonstrating to Londoners that the revenues generated by new charges are additional moneys for transport expenditure.

    The Government have made it clear that schemes may be introduced if they directly or indirectly help to deliver the objectives in the mayor's transport strategy. The requirements for the Secretary of State to make regulations covering various aspects of the schemes' operation have been reduced.

    We have also given the mayor the opportunity of specifying which aspects of the charging schemes, if any, he or she would wish formally to approve as schemes are developed. That will help to ensure consistency across schemes when the mayor considers that to be necessary, and allow charging authorities the freedom to take decisions on other issues.

    I have given only a brief overview of the key changes made to the Bill in Committee. As I said, the Government believe that the Bill's enabling powers are greatly important and must be available to the mayor and the assembly, to ensure that improvements not only in London's public transport but in London's environment may be made.

    The Bill's provisions will provide the mayor and boroughs with powers to make a real difference in tackling London's serious traffic problems. Clauses 222 and 223 will, as I said, empower the mayor and borough to introduce road user and workplace parking charging schemes. The provisions of schedules 18 and 19 will ensure that schemes may be introduced quickly and operate effectively and equitably.

    A world-class city requires a world-class transport system. It is therefore only right that London's mayor and boroughs should have the powers that they need to help them to deliver that goal for Londoners.

    8.30 pm

    It was heartening to hear the support expressed by my hon. Friends the Members for Brent, East, for Upminster (Mr. Darvill) and for Eltham. They each adopted a reasoned and thoughtful approach—cautious in some instances. Like the Government, they understand that the introduction of congestion charging or levies will need the consent of the people of London. It would not be possible for the debate to begin if the mayor and the boroughs were denied the powers that we have ensured will be enshrined in the Bill—powers that we believe will give Londoners the benefits and improvements in quality of life in this great city that we are committed to ensuring.

    Like many Conservatives, I have been attracted by the concept of road pricing and the market principles that lie behind it, but the Government are profoundly mistaken if they sincerely believe that it will achieve the two objectives that they claim. Like the taxation of petrol, if it is to have any effect on usage, the charge will have to be very substantial. That would bear hardest on those in the middle of society and those for whom marginal expenditure is meaningful—often those bringing up children and paying mortgages.

    My views against the principle were particularly shaped when I read a fascinating account of the early days of the London county council at the beginning of this century. It was a huge relief to Londoners when the LCC came in and swept away the various transport charges such as bridge tolls that were causing delays and congestion. I wonder about the practicalities of how the charges will work. Are they not likely to cause congestion? What is the position of someone who lives on the borders of London? What will the arrangements be for checking and presumably fining people if they have not paid their tax?

    I have lived in London for 25 years. The hassle that Londoners have to go through to get a resident's parking permit is irritating, involving taking a form to their employer and getting him to sign and stamp it to confirm that they work for that firm. I suppose that we are now going to have another round of such bureaucratic hassle. I confess that I have driven to and from my workplace since I have lived in London, largely because I have worked late hours. The congestion seems to me to be less than it was 20 years ago. The main cause of that improvement is the building of the M25, which has taken a massive pressure of through traffic off London. It is naive to think that waving our fingers to promote public transport and a congestion charge will be a realistic answer to the problem.

    The objective is clearly to raise money. The idea has nothing to do with reducing traffic in London. It would be politically impossible to think of anyone levying a charge high enough to discourage car usage. We are talking about yet another stealth tax. If the hon. Member for Brent, East (Mr. Livingstone) believes that the measure will be popular with Londoners, he is greatly mistaken. If he fancies his chances of being mayor of London, he will have to change his tune.

    The debate has been illuminating, giving us further confirmation of the Conservatives' emerging transport policy. We have learned that their candidate is to enter the mayoral elections with his hands tied in debates about road charges and the workplace levy. That makes it difficult for the Conservatives, to set out transport policies for the benefit of Londoners. It may explain why Steven Norris is at least beginning to consider the possibility of standing not as a Conservative but under an independent banner. As my hon. Friend the Member for Carshalton and Wallington (Mr. Brake) has rightly said, during his time as a Minister and after leaving ministerial office, Mr. Norris was only too willing to acknowledge the fact that workplace charges were essential to deal with some of the fundamental problems of traffic and transportation in Greater London.

    We have learned from the hon. Member for Croydon, South (Mr. Ottaway), as he gropes his way towards a new transport policy for the Conservatives, that their ideas involve ripping out pedestrian crossings, removing traffic calming measures and getting cars to go faster on almost every road. It will be interesting to debate those policies during the election campaign next year.

    I am delighted to issue the press release confirming that tonight we have managed to persuade the Conservative party to turn away from the crazy policy of which we heard earlier in the debate.

    The hon. Member for Croydon, South is right to say that road pricing and workplace charges are not a panacea. They are not the be all and end all of a debate on transport policy. He was right to draw attention to the need to recognise that there should be more investment in clean vehicle technology. I should like to draw the attention of the House to work that is being done in London, led by my local authority in Sutton, in pioneering the Zeus project on the development of low and nil-emission technology, in partnership with Southwark, Merton and other local authorities throughout the country. They are liaising with European partners to work alongside the manufacturing industries that provide our motor vehicles to ensure that they bring forward plans from their drawing boards and put them in the marketplace. That is happening. We are grateful for the support that we have had from the Government, but we wish that they could give a little more leadership by investing the public money for which they are responsible in such vehicles and so setting an example.

    The Conservatives have tied the hands of their candidate, but Labour is effectively doing the same thing because of the way in which the Government are setting up the two potential sources of revenue.

    It is clear that the Government have not addressed hypothecation, or the permanence of the scheme. I listened closely to the Minister, and I shall address some of her comments. Reference has been made to the report of the Transport Sub-Committee of the Select Committee on the Environment, Transport and Regional Affairs, and the three key issues identified in the report—hypothecation, permanence and additionality.

    The Minister claims that there is 100 per cent. certainty that 100 per cent. of the net proceeds of the initial schemes will go into transport schemes in London. However, we are then told that hypothecation may continue into the future for specific schemes. The Minister has again rejected the idea that we should have the permanent hypothecation of resources, arguing that that would be gold-plating London Transport. Anyone outside this House who heard the argument that if a scheme went on for over 10 years, with the hypothecation of the revenue streams from the two sources of charging, we would be in danger of gold-plating the transport system would wonder where the Minister has been.

    The hon. Gentleman knows that that is not what I said. I referred to the extension of the initial 10-year period, for example, for schemes such as a private finance initiative which would clearly run on for longer than 10 years. Such examples are included in the Bill, and will be entirely feasible. He is misinterpreting the review which will take place after the first 10 years of a running scheme. That does not mean automatically that hypothecation will end.

    I have pointed out one scenario where hypothecation would, of necessity, have to continue, and I can think of many others. 1 did not say—I am clear that the hon. Gentleman does not think for one moment that I did—that, after 10 years, any form of transport in London would be gold-plated. The Liberal Democrats' argument for permanent hypothecation will not deliver the best possible value with the funds raised, and will not deliver the best possible public transport.

    I am pleased that the Minister has acknowledged that, after 10 years, our transport system will not be gold-plated by this Government. Undoubtedly, the Government are not putting in adequate resources to deliver that. Having said that, the key point is that if we are to persuade Londoners that the permissive powers to be granted to the mayor are to be invoked and used for the good of Londoners, we need to be able to say that the money that Londoners will pay will go back to the benefit of Londoners and London Transport. The Government are not prepared to accept that.

    I hope that the hon. Gentleman will apologise to the House for misleading it in that way. The Government have made it abundantly clear that 100 per cent. of the net proceeds raised will be spent only on the improvement of transport in London.

    For 10 years—that is the key point, to which the Minister did not refer.

    I did not refer to that because I had just, in some detail, evinced to him the realities of what he sees as the 10-year bar less than a minute ago. As he is clearly having difficulty in retaining the information, I will give it again. There will be a review after the first 10 years. That review does not automatically mean the closure of hypothecation. I have given one instance where there would be a clear need for an extension way beyond the initial 10-year scheme. That is my point. We do not accept the Liberal Democrats' argument for permanent hypothecation for the reasons that I have, on more than one occasion, given to the hon. Gentleman and his hon. Friends.

    The problem is that the Minister acknowledged earlier that she could not give commitments as to the level of public expenditure to be committed to London Transport over the next 10 years, or any other period. That is why we believe fundamentally that the Government's weasel words on additionality have nothing to do with additionality. The separate accounts to which the Minister referred do not give Londoners any form of guarantee that the revenue streams that the charges will produce will give additional funds for the benefit of London Transport.

    Given the company he keeps, the hon. Gentleman clearly knows a great deal more about weasel words than I will ever know. The Bill states that the revenues will be additional by virtue of the requirement for separate revenue accounts and income and expenditure accounts, which must be published annually. My point was that I could not guarantee any budget; nor, in the unlikely event of the hon. Gentleman ever being in a Government position, could he. I can assure him of the Government's commitment to local public transport, by virtue of the additional £1.8 million that we have invested.

    The Minister is charm itself, and she makes my point for me yet again. She makes it clear that she cannot give a commitment tonight that is essential, in terms of a debate about charges in the elections next year, to give Londoners confidence that they are voting for something that will benefit them and not the Treasury, which undoubtedly has the Minister in an arm-lock and is denying her the ability to give the guarantee this evening.

    Order. It is entirely up to the hon. Gentleman whether he gives way.

    I am grateful. I repeat: we have made it clear that the Government have broken the wall of hypothecation, which was an absolute no-no as far as previous Treasuries were concerned. That is another indication of our unified, linked-up government, inasmuch as we have achieved a clear commitment that 100 per cent. of the net proceeds of the revenues raised will be spent exclusively and totally on transport. Those proceeds will not be diverted into the Treasury—not only in London but in the rest of the United Kingdom-when, as we hope, the schemes are introduced post-legislation.

    8.45 pm

    The Minister may be right in saying that hypothecation has had one of the arms that was held behind its back released, but the Treasury still firmly grips the other when it comes to budgetary matters. The hon. Lady has not persuaded me or my colleagues that she has been able to convince the Treasury on that point.

    The Government will produce a sterile debate about road charging in London because they are not setting up a scheme that will give confidence to Londoners. That is one of our major criticisms of the policy, but we believe that the provisions are needed and we support the permissive powers that they grant. We want the debate to take place because we believe that, ultimately, with the caveats that we have set out, we need the charges to generate the revenues that the mayor will need to deliver real improvements for London in the long term.

    New clause 6 suggests a third revenue stream, which it calls a "traffic disruption charge". Some wonderful true stories have appeared in the London press over the past year. On 22 February, the Evening Standard carried a story,

    "Same road dug up each week for a year".

    One of my local authority chiefs complained that Southwark Bridge road in my constituency had been visited 30 times by BT alone, with workmen arriving 75 times, in the past 12 months. That was not as bad as a street in Camden that had been disrupted by the utilities 85 times in the previous year.

    Without much notice, the Royal Parks decided to close the Mall, effectively blocking all central London's traffic for a few weeks at the turn of the year. The hon. Member for Mid-Dorset and North Poole (Mr. Fraser) introduced a private Member's Bill on the subject earlier in the year, perhaps because of his earlier incarnation as the unsuccessful candidate for Peckham, where I believe he got about 5 per cent. of the vote. The experience may have left a searing impression on him about traffic in London. I welcome his Bill. Lord Archer has also seen that there may be cause for complaint.

    If we are seriously looking for revenue streams to help to fund public transport in a way that is ring-fenced, as my hon. Friends have so painstakingly argued, in addition to giving the mayor and the authority the option of workplace and road user charging—which we support—we should consider so arranging matters that, when an agreed contract for digging up the road has been breached, somebody should pay something into the London kitty for the disruption caused.

    The Government may not have seriously considered that.

    As far as I know, the Minister has not yet put it on the record whether the Government are for or against the idea. I am not pressing her for an answer now, but I hope that, when the Bill goes to the other place, the Government will seriously consider introducing that third revenue stream. If we are looking for money for London, that seems an obvious source, and it will be extremely popular with Londoners.

    My hon. Friend is making a refreshingly different speech. Perhaps it should be known as the Heineken traffic disruption charge speech?

    My hon. Friend nearly got his joke in.

    I hope that my proposal will be taken seriously. It would probably be more popular than the others. I hope that, in due course, not only will London government have the ability to raise revenue as it chooses, but the Government will not interfere in such revenue once it has been raised.

    It is not often that I find common cause with the Minister, but I sensed her frustration when the Liberals were misinterpreting the Government's policy, just as they do my party's policy, which frustrates me.

    As this debate has gone on, I have detected a certain frisson in the Chamber. It is beginning to dawn on Members that the Conservatives are right on this matter, and that the other parties are wrong. It is beginning to dawn on people that the Government's policy will not work. It will hit people hard, as my hon. Friends the Members for North Wiltshire (Mr. Gray) and for Arundel and South Downs (Mr. Flight) have pointed out. [HON. MEMBERS: "They are not London Members."] It is a perfectly valid point, no matter where the hon. Members come from.

    I also note a willingness among all Members who are not Conservatives to try to put an interpretation on Conservative party policy, so I shall clarify it. The Minister has chosen to misinterpret our policies possibly because I left a slither of a vacuum in them, which I shall now promptly fill. I should make it absolutely clear that we are opposed to congestion taxation in London. I stand by what we said in Committee: we still have an open mind on congestion taxation in the rest of the United Kingdom. That was and remains our position.

    The Minister said that she was unable to give an undertaking on the question of additionality because she could not possibly decide the budget for years to come. That is exactly the point that we have been making. It is impossible to give an undertaking on additionality, which is why it will be impossible for the Government to persuade anybody that such additionality will occur.

    No, not at the moment.

    The hon. Member for Kingston and Surbiton (Mr. Davey) said that the Government must make their case before they are able to support congestion charging. I do not think that they have made that case. We therefore hope that the Liberal Democrats will join us in the Lobby.

    The hon. Member for Eltham (Mr. Efford) spoke about out-of-town centres such as Bluewater, as, indeed, did the Minister. The hon. Gentleman said that he was against out-of-town centres where there was free parking. From that, I presume that he is advocating that such centres should have paid parking. The Minister chose to misinterpret my point about Croydon on that issue. Road pricing is being proposed in Croydon. Why should any shopper choose to pay to go to Croydon when they can go to Bluewater out-of-town retail development and park for nothing? That is the impact that the proposals will have on local economies in London. The Minister has made the case neither for additionality nor for hypothecation. Nor has she addressed the 10-year cut off for hypothecation. The hon. Member for Brent, East (Mr. Livingstone) supported congestion charging; it was the first time that I have heard him do so. I suppose that the waiting electorate will digest that development. He said that he thought that people would welcome a little extra for the funding of transport in London, but unless the Minister can assure him on additionality, there will not be any little extra. That is the difficulty.

    That sounds like a man who is still desperate to be selected as a candidate.

    The Minister has failed to persuade us that the proposal will do anything to solve the problems of congestion in London. In fact, it is a stealth tax—a tax by the back door. The issues of pollution can be tackled without the introduction of a congestion charge. Under the circumstances, we shall press the amendment to a Division.

    Question put, That the amendment be made:—

    The House divided: Ayes 97, Noes 265.

    Division No. 166]

    [8.55 pm

    AYES
    Amess, DavidHammond, Philip
    Ancram, Rt Hon MichaelHeald, Oliver
    Arbuthnot, Rt Hon JamesHeseltine, Rt Hon Michael
    Atkinson, David (Bour'mth E)Horam, John
    Baldry, TonyHowarth, Gerald (Aldershot)
    Beggs, RoyHunter, Andrew
    Bercow, JohnJack, Rt Hon Michael
    Boswell, TimJenkin, Bernard
    Bottomley, Peter (Worthing W)Key, Robert
    Bottomley, Rt Hon Mrs VirginiaLansley, Andrew
    Brady, GrahamLeigh, Edward
    Brazier, JulianLidington, David
    Brooke, Rt Hon PeterLilley, Rt Hon peter
    Browning, Mrs AngelaLloyd, Rt Hon Sir Peter (Fareham)
    Burns, SimonLoughton, Tim
    Butterfill, JohnMacGregor, Rt Hon John
    Chapman, Sir SydneyMcIntosh, Miss Anne

    (Chipping Barnet)

    MacKay, Rt Hon Andrew
    Chope, ChristopherMaclean, Rt Hon David
    Clarke, Rt Hon KennethMcLoughlin, Patrick

    (Rushcliffe)

    Malins, Humfrey
    Clifton-Brown, GeoffreyMay, Mrs Theresa
    Collins, TimNicholls, Patrick
    Colvin, MichaelOttaway, Richard
    Cran, JamesPage, Richard
    Curry, Rt Hon DavidPaterson, Ownen
    Davies, Quentin (Grantham)Randall, John
    Davis, Rt Hon David (HaltempriceRedwood, Rt Hon John

    & Howden)

    Robertson, Laurence (Tewk'b'ry)
    Day, StephenRoe, Mrs Marion (Broxbourne)
    Duncan, AlanRowe, Andrew (Faversham)
    Duncan Smith, IainSt Aubyn, Nick
    Emery, Rt Hon Sir PeterSayeed, Jonathan
    Evans, NigelShephard, Rt Hon Mrs Gillian
    Fabricant, MichaelSimpson, Keith (Mid-Norfolk)
    Fallon, MichaelStantley, Rt Hon sir John
    Flight, HowardSwayne, Desmond
    Forth, Rt Hon EricSyms, Robert
    Fowler, Rt Hon Sir NormanTaylor, Ian (Esher & Walton)
    Fraser, ChristopherTaylor, John M (Solihull)
    Garnier, EdwardTaylor, Sir Teddy
    Gibb, NickTrend, Michael
    Gorman, Mrs TeresaViggers, Peter
    Gray, JamesWalter, Robert
    Green, DamianWaterson, Nigel
    Grieve, DominicWhitney, Sir Raymond
    Hamilton, Rt Hon Sir ArchieWhittingdale, John

    Widdecombe, Rt Hon Miss AnnYoung, Rt Hon Sir George
    Wilkinson, John
    Wilshire, David

    Tellers for the Ayes:

    Winterton, Mrs Ann (Congleton)

    Mrs. Eleanor Laing and

    Woodward, Shaun

    Sir David Madel.

    NOES
    Abbott, Ms DianeDavies, Geraint (Croydon C)
    Adams, Mrs Irene (Paisley N)Davis, Terry (B'ham Hodge H)
    Ainsworth, Robert (Cov'try NE)Dawson, Hilton
    Allen, GrahamDean, Mrs Janet
    Anderson, Janet (Rossendale)Denham, John
    Armstrong, Rt Hon Ms HilaryDismore, Andrew
    Ashton, JoeDonohoe, Brian H
    Atkins, CharlotteDowd, Jim
    Austin, JohnDrew, David
    Barnes, HarryDrown, Ms Julia
    Barron, KevinDunwoody, Mrs Gwyneth
    Battle, JohnEagle, Angela (Wallasey)
    Bayley, HughEagle, Maria (L'pool Garston)
    Beard, NigelEdwards, Huw
    Beckett, Rt Hon Mrs MargaretEfford, Clive
    Benn, Rt Hon TonyEnnis, Jeff
    Bennett, Andrew FField, Rt Hon Frank
    Bermingham, GeraldFisher, Mark
    Berry, RogerFitzpatrick, Jim
    Best, HaroldFlint, Caroline
    Betts, CliveFlynn, paul
    Blackman, LizFollett, Barbara
    Blears, Ms HazelFoster, Rt Hon Derek
    Blizzard, BobFoster, Don (Bath)
    Boateng, PaulFoster, Michael Jabez (Hastings)
    Bradley, Keith (Withington)Foulkes, George
    Bradley, Peter (The Wrekin)Gapes, Mike
    Brake, TomGardiner, Barry
    Breed, ColinGeorge, Bruce (Walsall S)
    Brown, Rt Hon Nick (Newcastle E)Gerrard, Neil
    Buck, Ms KarenGibson, Dr Ian
    Burden, RichardGilroy, Mrs Linda
    Burgon, ColinGodsiff, Roger
    Burstow, PaulGoggins, paul
    Butler, Mrs ChristineGolding, Mrs Llin
    Byers, Rt Hon StephenGordon, Mrs Eileen
    Campbell, Ronnie (Blyth V)Griffiths, Jane (Reading E)
    Campbell-Savours, DaleGriffiths, Win (Bridgend)
    Cann, JamieGrocott, Bruce
    Caplin, IvorGrogan, John
    Casale, RogerHall, Mike (Weaver Vale)
    Chapman, Ben (Wirral S)Hall, Patrick (Bedford)
    Chaytor, DavidHamilton, Fabian (Leeds NE)
    Clark, Rt Hon Dr David (S Shields)Harman, Rt Hon Ms Harriet
    Clark, Dr LyndaHeal, Mrs Sylvia

    (Edinburgh Pentlands)

    Healey, John
    Clarke, Rt Hon Tom (Coatbridge)Henderson, Doug (Newcastle N)
    Clarke, Tony (Northampton S)Henderson, Ivan (Harwich)
    Clwyd, AnnHepburn, Stephen
    Coaker, VernonHeppell, John
    Coffey, Ms AnnHesford, Stephen
    Cohen, HarryHewitt, Ms Patricia
    Colman, TonyHinchliffe, David
    Cook, Frank (Stockton N)Hodge, Ms Margaret
    Corbyn, JeremyHoey, Kate
    Corston, Ms JeanHoon, Geoffrey
    Cousins, JimHope, Phil
    Cranston, RossHope, Phil
    Crausby, DavidHowarth, George (Knowsley N)
    Cryer, Mrs Ann (Keighley)Hughes, Kevin (Doncaster N)
    Cryer, John (Hornchurch)Hughes, Simon (Southwark N)
    Cunningham, Jim (Cov'try S)Hurst, Alan
    Dalyell, TamHutton, John
    Darling, Rt Hon AlistairIddon, Dr Brian
    Darvill, KeithIllsley, Eric
    Davey, Edward (Kingston)Jackson, Ms Glenda (Hampstead)
    Davey, Valerie (Bristol W)Jamieson, David
    Davidson, IanJenkins, Brian
    Davies, Rt Hon Denzil (Llanelli)Johnson, Alan (Hull W & Hessle)

    Johnson, Miss MelanieProsser, Gwyn

    (Welwyn Hatfield)

    Purchase, Ken
    Jones, Helen (Warrington N)Rammell, Bill
    Jones, Ms JennyRapson, Syd

    (Wolverh'ton SW)

    Raynsford, Nick
    Jones, Dr Lynne (Selly Oak)Robertson, Rt Hon George
    Kaufman, Rt Hon Gerald

    (Hamilton S)

    Keeble, Ms SallyRoche, Mrs Barbara
    Keen, Alan (Feltham & Heston)Ross, Ernie (Dundee W)
    Keen, Ann (Brentford & Isleworth)Rowlands, Ted
    Kemp, FraserRoy, Frank
    Khabra, Piara SRuddock, Joan
    King, Andy (Rugby & Kenilworth)Russell, Bob (Colchester)
    King, Ms Oona (Bethnal Green)Russell, Ms Christine (Chester)
    Kingham, Ms TessRyan, Ms Joan
    Kumar, Dr AshokSanders, Adrian
    Laxton, BobSavidge, Malcolm
    Levitt, TomSawford, Phil
    Lewis, Ivan (Bury S)Sedgemore, Brian
    Lewis, Terry (Worsley)Sheerman, Barry
    Linton, MartinSheldon, Rt Hon Robert
    Livingstone, KenSingh, Marsha
    Lloyd, Tony (Manchester C)Skinner, Dennis
    Lock, DavidSmith, Rt Hon Andrew (Oxford E)
    Love, AndrewSmith, Miss Geraldine
    McAvoy, Thomas

    (Morecambe & Lunesdale)

    McCafferty, Ms ChrisSmith, Jacqui (Redditch)
    McCartney, Rt Hon IanSnape, Peter

    (Makerfield)

    Soley, Clive
    McDonagh, SiobhainSouthworth, Ms Helen
    McDonnell, JohnSpellar, John
    McKenna, Mrs RosemarySquire, Ms Rachel
    Mackinlay, AndrewStarkey, Dr Phyllis
    McNulty, TonyStewart, Ian (Eccles)
    MacShane, DenisStoate, Dr Howard
    Mactaggart, FionaStrang, Rt Hon Dr Gavin
    McWalter, TonyStringer, Graham
    Mahon, Mrs AliceSutcliffe, Gerry
    Mallaber, JudyTaylor, Rt Hon Mrs Ann
    Mandelson, Rt Hon Peter

    (Dewsbury)

    Marsden, Gordon (Blackpool S)Taylor, Matthew (Truro)
    Marsden, Paul (Shrewsbury)Temple-Morris, Peter
    Marshall, David (Shettleston)Thomas, Gareth R (Harrow W)
    Marshall, Jim (Leicester S)Timms, Stephen
    Meale, AlanTipping, Paddy
    Merron, GillianTodd, Mark
    Milburn, Rt Hon AlanTonge, Dr Jenny
    Miller, AndrewTrickett, Jon
    Mitchell, AustinTurner, Dennis (Wolverh'ton SE)
    Moffatt, LauraTWigg, Derek (Halton)
    Moran, Ms MargaretTwigg, Stephen (Enfield)
    Morley, ElliotVis, Dr Rudi
    Mountford, KaliWard, Ms Claire
    Mullin, ChrisWareing, Robert N
    O'Brien, Bill (Normanton)Watts, David
    O'Brien, Mike (N Warks)White, Brian
    Olner, BillWhitehead, Dr Alan
    Palmer, Dr NickWicks, Malcolm
    Pearson, IanWills, Michael
    Perham, Ms LindaWinnick, David
    Pickthall, ColinWise Audrey
    Pike, Peter LWood, Mike
    Plaskitt, JamesWray, James
    Pollard, KerryWright, Anthony D (Gt Yarmouth)
    Pond, ChrisWright, Dr Tony (Cannock)
    Pope, Greg
    Pound, Stephen

    Tellers for the Noes:

    Prentice, Ms Bridget (Lewisham E)

    Jane Kennedy and

    Prentice, Gordon (Pendle)

    Mr.Keith Hill.

    Question accordingly negatived.

    It being after Nine o'clock, MR. DEPUTY SPEAKER proceeded to put forthwith the Questions necessary for the disposal of the business to be concluded at that hour.

    Schedule 18

    Road User Charging

    Amendments made: No. 140, in page 233, line 31, at end insert—

    '(1A) Any charge imposed by a charging scheme in respect of the keeping of a motor vehicle on a road in a charging area must also have effect in respect of the use of the motor vehicle in that charging area.'.

    No. 141, in page 235, line 5, leave out 'four' and insert 'ten'.

    No. 142, in page 238, line 23, at end insert—

    '4 year programmes: amendment, replacement and voluntary statements

    23A.—(1) Where a statement has been prepared and approved under paragraph 20 or 22 above, the authority which prepared the statement may—
  • (a) amend the statement, or
  • (b) replace it with another statement (a "replacement statement"), but subject to the following provisions of this paragraph.
  • (2) Subject to the following provisions of this paragraph, where a charging scheme is in force—
  • (a) the charging authority may prepare a statement such as is described in paragraph 20(1) above, and
  • (b) if the charging scheme is one to which paragraph 21 above applies, the Authority may prepare a statement such as is described in paragraph 22(2) above,
  • at any time before the beginning of the first financial year for which a statement under paragraph 20 or, as the case may be, paragraph 22 above is required to be prepared in respect of the scheme.
    (3) For the purposes of this paragraph—
  • (a) a "voluntary statement" is a statement prepared under sub-paragraph (2)(a) or (b) above,
  • (b) a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 20 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and
  • (c) a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 22 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,
  • and references to statements under paragraph 20 or 22 above shall be construed accordingly.
    (4) The power conferred by sub-paragraph (1)(b) or (2) above is exercisable—
  • (a) in the case of a statement under paragraph 20 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or
  • (b) in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.
  • (5) Where, in exercise of the powers conferred by this paragraph, an authority proposes—
  • (a) to amend or replace a statement prepared and approved under paragraph 20 or 22 above, or
  • (b) to prepare a voluntary statement,
  • sub-paragraph (6) below applies.

    (6) Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval—
  • (a) to the Secretary of State; and
  • (b) if the statement concerned or affected is one prepared in respect of a borough scheme by the charging authority, to the Authority.
  • (7) Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made—
  • (a) by the Authority acting on behalf of the charging authority concerned; and
  • (b) after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.
  • (8) Where a statement prepared and approved under paragraph 20 or 22 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.
    (9) A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).
    (10) A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved—
  • (a) under paragraph 20 above, if it was prepared in respect of a charging scheme by the charging authority; or
  • (b) under paragraph 22 above, if it was prepared by the Authority.
  • (11) Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 20 or 22 above in respect of the charging scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (1) of that paragraph.'. — [Mr. Dowd.]

    Schedule 19

    Workplace Parking Levy

    Amendments made: No. 143, in page 246, line 48, leave out 'four' and insert 'ten'.

    No. 144, in page 250, line 17, at end insert—

    '4 year programmes: amendment, replacement and voluntary statements

    29A. —(1) Where a statement has been prepared and approved under paragraph 26 or 28 above, the authority which prepared the statement may
  • (a) amend the statement, or
  • (b) replace it with another statement (a "replacement statement"),
  • but subject to the following provisions of this paragraph.
    (2) Subject to the following provisions of this paragraph, where a licensing scheme is in force—
  • (a) the licensing authority may prepare a statement such as is described in paragraph 26(1) above, and
  • (b) if the licensing scheme is one to which paragraph 27 above applies, the Authority may prepare a statement such as is described in paragraph 28(2) above,
  • at any time before the beginning of the first financial year for which a statement under paragraph 26 or, as the case may be, paragraph 28 above is required to be prepared in respect of the scheme.
    (3) For the purposes of this paragraph—
  • (a) a "voluntary statement" is a statement prepared under sub-paragraph (2)(a) or (b) above,
  • (b) a statement prepared under sub-paragraph (2)(a) above shall be treated as a statement prepared under paragraph 26 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph, and
  • (c) a statement prepared under sub-paragraph (2)(b) above shall be treated as a statement prepared under paragraph 28 above and, if approved in accordance with the provisions of this paragraph, as approved under that paragraph,
  • and references to statements under paragraph 26 or 28 above shall be construed accordingly.
    (4) The power conferred by sub-paragraph (1)(b) or (2) above is exercisable—
  • (a) in the case of a statement under paragraph 26 above in respect of a borough scheme, during the period of six months beginning with the day on which a change of control of the London borough council concerned occurs; or
  • (b) in any other case, during the period of six months beginning with the term of office of any person returned as the Mayor at an ordinary election or at an election under section 16 of this Act.
  • (5) Where, in exercise of the powers conferred by this paragraph, an authority proposes—
  • (a) to amend or replace a statement prepared and approved under paragraph 26 or 28 above, or
  • (b) to prepare a voluntary statement,
  • sub-paragraph (6) below applies.
    (6) Where this sub-paragraph applies, the amendment, replacement statement or voluntary statement must be submitted for approval—
  • (a) to the Secretary of State; and
  • (b) if the statement concerned or affected is one prepared in respect of a borough scheme by the licensing authority, to the Authority.
  • (7) Where sub-paragraph (6)(b) above applies, any submission to the Secretary of State under sub-paragraph (6)(a) above may only be made—
  • (a) by the Authority acting on behalf of the licensing authority concerned; and
  • (b) after the giving by the Authority of the approval required by sub-paragraph (6)(b) above.
  • (8) Where a statement prepared and approved under paragraph 26 or 28 above is amended in accordance with this paragraph, the statement shall continue to be regarded for the purposes of this Schedule as a statement so prepared and approved, notwithstanding the amendment.
    (9) A replacement statement or a voluntary statement must relate to the four financial years beginning with the financial year in which it takes effect (disregarding so much of that year as has expired before the statement takes effect).
    (10) A replacement statement or voluntary statement prepared and approved under this paragraph shall be taken for the purposes of this Schedule to be a statement prepared and approved—
  • (a) under paragraph 26 above, if it was prepared in respect of a licensing scheme by the licensing authority; or
  • (b) under paragraph 28 above, if it was prepared by the Authority.
  • (11) Where a voluntary statement or replacement statement prepared by an authority takes effect, the time at which any subsequent statement is required to be prepared by that authority by virtue of paragraph 26 or 28 above in respect of the licensing scheme in question shall be determined as if the financial year preceding that in which the replacement statement or voluntary statement takes effect had been such a fourth year as is mentioned in sub-paragraph (I) of that paragraph.'. — [Mr. Dowd.]

    Clause 301

    Regulations And Orders

    Amendments made: No. 126, in page 157, line 21, leave out '27 & and insert

    '(Limits of the general power)'.

    No. 138, in page 157, line 21, leave out from 'above' to end of line 22.

    No. 145, in page 157, line 27, after 'paragraph' insert `4 or'.

    No. 100, in page 158, line 5, leave out 'or (2)'.

    No. 101, in page 158, line 5, at end insert 'or (5)'.

    No. 109, in page 158, leave out line 11.

    No. 110, in page 158, line 11, at end insert—

    `section (Transitional and consequential provision);'.

    No. 111, in page 158, line 11, at end insert—

    `section (Transfers of property, rights or liabilities);'.

    No. 112, in page 158, line 11, at end insert—

    `section (Pensions);'.

    No. 113, in page 158, line 11, at end insert—

    'section (Transfer and pension instruments: common provisions);'. — [Mr. Dowd.]

    Schedule 26

    Enactments Repealed

    Amendment made: No. 150, in page 302, line 45, column 3, at beginning insert

    `In section 1(3), the words "but excluding any part of it within the metropolitan police district".'. —[Mr. Dowd.]

    Clause 305

    Interpretation

    Amendments made: No. 127, in page 159, line 9, at end insert—

    '"national policies" means any policies of Her Majesty's government which are available in a written form and which—
  • (a) have been laid or announced before, or otherwise presented to, either House of Parliament; or
  • (b) have been published by a Minister of the Crown;'.
  • No. 128, in page 159, line 15, at end insert—

    ' "principal purposes", in relation to the Authority, shall be construed in accordance with section (The general power of the Authority)(2) above;'.

    No. 114, in page 159, line 34, at end insert—

    '(4) Any power conferred by this Act to affect enactments by subordinate legislation is exercisable notwithstanding that those enactments consist of or include—
  • (a) provisions contained in Part III above;
  • (b) provisions relating to the subject matter of that Part; or
  • (c) provisions creating or otherwise relating to offences.
  • (5) In subsection (4) above "affect", in relation to any enactment, includes make—
  • (a) incidental, consequential, transitional, supplemental or supplementary provision or savings; or
  • (b) amendments, modifications or adaptations.'. — [Mr. Dowd.]
  • New Clause 16

    Transfers Of Lrt's Property Etc To Transport For London

    '.— (1) The Secretary of State shall from time to time prepare programmes for the transfer to Transport for London of property, rights and liabilities of London Regional Transport—

  • (a) for the purpose of enabling Transport for London to perform its functions as they become exercisable; or
  • (b) in preparation for the dissolution of London Regional Transport;
  • and in this Chapter "transfer programme" means a programme under this subsection.
    (2) Any powers conferred by Part XII below are exercisable for the purpose of implementing any transfer programme.
    (3) A transfer programme may include plans relating to—
  • (a) the transfer of rights and liabilities under contracts of employment;
  • (b) the provision of pensions, within the meaning of section (Pensions) below;
  • (c) the apportionment of any property, rights or liabilities;
  • (d) the creation of rights or liabilities;
  • (e) the transfer of statutory functions;
  • (f) the exercise of any other powers under Part XII below.
  • (4) A transfer programme may provide for different property, rights or liabilities to be transferred on different days.
    (5) To the extent that a transfer programme has not been implemented, it may be varied or replaced by another such programme.'. —[Mr. Dowd.]

    Brought up, read the First and Second time, and added to the Bill.

    New Clause 17

    Functions During The Transition From Lrt To Tfl

    `.—(1) In this section "transitional purpose" means the purpose of—

  • (a) facilitating the securing and carrying into effect of PPP agreements under Chapter VI above;
  • (b) facilitating the transfer of property, rights or liabilities of London Regional Transport to Transport for London; or
  • (c) securing that public passenger transport services continue to be provided without disruption.
  • (2) London Regional Transport shall be under a duty, and shall be taken at any time before the coming into force of this section to have had power, to do all such things as it considers appropriate for any transitional purpose.
    (3) In discharging their functions during the transitional period it shall be the duty of—
  • (a) the Mayor,
  • (b) London Regional Transport, and
  • (c) Transport for London,
  • to consult and co-operate with each other for any transitional purpose.
    (4) The following provisions of this section have effect for the purpose of facilitating the discharge of the duty of co-operation imposed on London Regional Transport and Transport for London by subsection (3) above.
    (5) London Regional Transport and Transport for London shall each provide to the other such information as may reasonably be required by that other for the purpose of discharging any of its functions during the transitional period.
    (6) London Regional Transport and Transport for London shall each have power to enter into arrangements with the other—
  • (a) for the provision by the one for the other of administrative, technical or professional services or of passenger transport services;
  • (b) for the one to make available for use by the other, or for shared use by each of them, any land, equipment or other property;
  • (c) for the one to place any of its officers or other members of staff at the disposal of the other, for the purposes of its functions;
  • (d) for the discharge by the one of any functions of the other on its behalf.
  • (7) Arrangements entered into under subsection (6) above may be on such terms as may be agreed between London Regional Transport and Transport for London.
    (8) Arrangements by virtue of paragraph (c) of subsection (6) above may only be entered into after consultation with the officers or members of staff concerned.
    (9) In this Chapter "the transitional period" means the period which—
  • (a) begins with the coming into force of this section; and
  • (b) ends on the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.'. — [Mr. Dowd.]
  • Brought up, read the First and Second time, and added to the Bill.

    New Clause 18

    Fares Etc During The Transitional Period

    `.— (1) If provision is made under or by virtue of this Act which has the effect of applying to any extent in relation to London Regional Transport during the transitional period—

  • (a) the powers conferred on the Mayor by section 134 above, and
  • (b) the duty imposed on the Mayor by section 135 above,
  • then the Mayor, in discharging that duty as so applied in relation to London Regional Transport, shall act in a way which he considers will not prejudice the financial or other interests of London Regional Transport, having regard to the financial and other interests of Transport for London.
    (2) If provision is made under or by virtue of this Act which has the effect of—
  • (a) applying to any extent in relation to London Regional Transport during the transitional period any of the provisions contained in sections 187 to 190 above or Schedule 12 to this Act, and
  • (b) authorising or requiring Transport for London during the transitional period to act on behalf of London Regional Transport for the purposes of any of those provisions as so applied,
  • then Transport for London, in acting on behalf of London Regional Transport for those purposes, shall do so in a way which (having regard to its own financial and other interests) it considers will not prejudice the financial or other interests of London Regional Transport.'. — [Mr. Dowd.]
    Brought up, read the First and Second time, and added to the Bill.

    New Clause 19

    Continuity: Repealed Or Revoked Functions Of Lrt

    `.— (1) In this section—

    "abolished function" means any function of London Regional Transport which was conferred or imposed by a statutory provision which is repealed or revoked by or under this Act;
    "abolition", in relation to an abolished function, means the coming into force of the repeal or revocation of the provision conferring or imposing the function;
    "statutory provision" means an enactment contained in—
  • (a) an Act passed before the date on which London Regional Transport is dissolved or in the Session in which that date falls; or
  • (b) subordinate legislation made before that date or in that Session.
  • (2) There may be continued by or in relation to Transport for London anything (including legal proceedings) which relates to an abolished function and is in the process of being done by or in relation to London Regional Transport immediately before the abolition of the function.
    (3) Anything which—
  • (a) was made or done by London Regional Transport for the purposes of or in connection with an abolished function, and
  • (b) is in effect immediately before the abolition of the function,
  • shall have effect as if made or done by Transport for London.
    (4) Transport for London shall be substituted for London Regional Transport in any instruments, contracts or legal proceedings which relate to an abolished function and which were made or commenced before the abolition of the function.'. — [Mr. Dowd.]
    Brought up, read the First and Second time, and added to the Bill.

    New Clause 20

    Transfer Of Former Functions Of London Transport Executive

    `. Any functions of the London Transport Executive established under section 4 of the Transport (London) Act 1969 which, by virtue of section 67(1) of the London Regional Transport Act 1984 are exercisable by London Regional Transport, shall instead be exercisable by Transport for London.'. — [Mr. Dowd.]

    Brought up, read the First and Second time, and added to the Bill.

    New Clause 21

    Dissolution Of London Regional Transport

    `. When the Secretary of State is satisfied that provision has been made for the transfer of all property, rights and liabilities of London Regional Transport, he may by order provide for the dissolution of London Regional Transport.'. — [Mr. Dowd.]

    Brought up, read the First and Second time, and added to the Bill.

    New Clause 22

    Interpretation Of Chapter Xiv

    `.In this Chapter—

    "transfer programme" has the meaning given by section (Transfers of LRT's property etc to Transport for London)(1) above;
    "the transitional period" has the meaning given by section (Functions during the transition from LRT to TfL)(9) above.'. —[Mr. Dowd.]
    Brought up, read the First and Second time, and added to the Bill.

    Order for Third Reading read. —[Queen's consent, on behalf of the Crown, signified.]

    Motion made, and Question proposed, That the Bill be now read the Third time. — [Mr. Dowd.]

    I must remind the House that Madam Speaker has selected the reasoned amendment in the name of the Leader of the Opposition.

    9.8 pm

    1 beg to move,

    That this House, whilst accepting the principle of a representative body to speak for London, declines to give a Third Reading to the Greater London Authority Bill because it provides for an Authority elected by proportional representation, which will lead to weak government and disproportionate influence of minority parties; because it introduces road user charging which will not solve the problems of congestion or pollution in London; and because it provides wholly unsatisfactory arrangements for the future of London Underground which will not receive the necessary funding or management under the Government's proposed Public Private Partnership, thus burdening Londoners with substantial levels of debt from the outset.

    The Conservatives make no apology for having scrapped the Greater London council—it was a bloated, inefficient and expensive organisation. However, we recognise that there is a case for a voice for London. We believe that the borough system has worked well for the past decade and argue that, working with the mayor of London, the boroughs have it within their grasp to become a more effective organisation. That would be to the benefit of the London boroughs and of London as a whole.

    The model enshrined in the Bill, however, does not hold much appeal for us. Our arguments that the assembly should comprise an assembly of borough representatives have been rejected and, as a result, we believe that the potential for conflict with the London boroughs is real, and we fear clashes reminiscent of the bad old days of the GLC. We also believe the method of election of both the mayor and the assembly to be flawed. The assembly is almost guaranteed to be hung, and all the inherent weaknesses of proportional representation will be on display.

    It is also arguable—in the light of the Government's confessed concerns about the potential rise of extremist parties in London—whether PR is the right method of election for London.

    The hon. Gentleman says that he believes that the Greater London Authority is almost bound to be hung. If by that he means that there is bound to be no majority for one party, and if it is the case that Londoners who vote do not by a majority vote for one party, does he not accept that the GLA would be more accurately representing Londoners if it represented them according to the share of the votes that they cast than by the result of a distorted figure that gives a minority a majority?

    Time does not permit a detailed analysis of electoral systems. The hon. Gentleman is going into old territory on proportional representation. The Conservative party thinks that PR gives disproportionate power to minority parties and that that will be to the detriment of the assembly.

    Before I gave way to the hon. Gentleman, I was questioning whether PR is the right method of election for London given the Government's professed concern about the potential rise of extremist parties in London. It is safe to say that it is not beyond the realms of possibility that a British National party candidate could be elected to the assembly. There is also a lack of checks and balances if the mayor loses the plot. The separation of powers between the executive and the assembly is unique to this country. Without the checks and balances of such democratic systems as exist in the United States, for example, the risk of disaster will always be round the corner.

    In the old Greater London council, the leader could be removed. In the House, the Prime Minister can be removed. The leader of any council in the country can be removed. However, in London, even if 5 million people signed a petition calling for the removal of the mayor, with a unanimous resolution of this House and the other place and a flock of psychiatrists in Harley street declaring the mayor to be insane, nothing could be done and he could continue in office if he so wished.

    London is to be used as a pilot scheme for extra taxation in the form of road user charging. Given that that is unlikely to have any effect upon congestion; given that most public transport systems in London are already saturated and could not cope if there were an exodus from the car; given that the stated aim of road user charging is to reduce the level of pollution, which it is unlikely to do; and given that ix is a tax by the back door, we believe that London is not the right place to introduce such a scheme, and we oppose it.

    Above all, the biggest disaster waiting to happen concerns London underground. The Government are busy negotiating a public-private partnership. They have little idea how it will end up, but they know that they will not have completed negotiations by the time the new authority starts work. The Government have given little indication of the mayor's involvement in the negotiations. They simply intend that when they have finished their negotiations, they will dump the outcome on the people of London, walk away from it and say, "You pay off the debt."

    The Government are so panicky that the hon. Member for Brent, East (Mr. Livingstone) may end up as the first mayor of London that they have introduced no fewer than 250 powers to enable the Secretary of State to intervene. The House should be under no illusion but that whoever is elected as the first mayor of London will be very much under the thumb of the Secretary of State. The mayor's room to manoeuvre will be minimal and his chance to introduce his own flair and imagination will be strictly limited. The shape and direction of the authority will be very much at the Government's whim. None of this bears any resemblance to, or has any place in, the Conservative party's vision for London.

    Our vision is of a lighter touch, with an assembly of borough leaders working with the mayor, not against him. We have a vision of an underground system maximising the benefits that the private sector can bring, with the motorist being managed, not clobbered. It is a vision of working with the people of London, not against them. It is for these reasons that 1 urge the House to support our reasoned amendment.

    9.15 pm

    I oppose the amendment and support the Third Reading of the Bill. As a member of the Standing Committee and a comparatively new Member of the House, I found the experience in Committee extremely worth while. It was a good-natured Committee, by and large. More than 100 hours of work on the detail of the Bill certainly added to my knowledge of pan-London issues.

    The restoration of strategic Londonwide government, in which I am proud to have played a small part, will be a lasting legacy of the Government. Within two years of the general election and on the basis of my party's firm manifesto commitment, a referendum was held and supported by a large number of Londoners, and a comprehensive Bill produced. That is indeed a tribute to the work of the Government and the House.

    The Bill not only has support in the House and Londonwide, through the ballot box and the referendum, but during the course of the Standing Committee I received numerous briefings from business organisations, the Association of London Government and so on, supporting the broad thrust of the Bill. It clearly meets the wide-ranging demands of various groups of Londoners.

    Developing strategy for the mayor will be an important part of life in London for the next year or so, as we lead up to the election, and afterwards. It is not a question of working against Londoners, as the hon. Member for Croydon, South (Mr. Ottaway) claimed. The ethos of the Bill is to work with Londoners, the London boroughs and all the participatory organisations set out in the Bill.

    Transport will be the principal focus of the GLA and the mayor. It was good to debate the subject at such length today, as that is the aspect of life in London where most difference can be made. The time that we spent debating transport this evening and in Committee was time well spent. Adding democratic power to the police authority is another important step. The powers of the London development agency to regenerate London and the measures relating to the environment and the emergency services are all significant.

    I believe that in Committee we spent too long on some clauses and not enough time on others. With due respect to colleagues on the Liberal Benches, having listened to them on many occasions I thought that our time could have been better spent on the more important clauses, rather than listening to the repetition of the same points on others. It is for hon. Members to present their own arguments, but when we are considering a Bill of more than 300 clauses that deals with such important issues as transport and strategic regeneration, we must use our time effectively. On the whole, however, the Committee did its work well.

    I am proud to support the Bill and I wish it good speed.

    9.19 pm

    This is not only a long Bill; its size suggests serious reading. At the start of our debate yesterday, it was already the largest and longest in the living memory of the Officers of the House, comprising 306 clauses and 26 schedules. My hon. Friend the Member for Sutton and Cheam (Mr. Burstow) kindly added up the additional contents, which have been added over only the past two days. We calculate that the Bill now comprises 338 clauses and 27 schedules. The only significant problem is that it has not got better; with expansion, it has got worse.

    In a moment.

    My hon. Friends and I made our position clear on Second Reading. We have long advocated London having its own democratic government, and we therefore supported introducing a Bill that would allow us to consider that proposal, but we raised five principal objections.

    We said that there was far too much central Government power over what was meant to be a handing over of regional government power. That was true, and is still absolutely true. We said that there was no power, which there should have been, to vary the amount of money raised by the Greater London Authority. If we want to give real political power, we have to give real economic power. That was true, and is still true.

    We said that the mayor would be too powerful relative to the assembly. That was absolutely true, and is still absolutely true.

    It is absolutely true. As the Minister and his colleagues kept on telling us, the Bill's structure means that we will have an executive mayor and an assembly that, if it is lucky, will benefit from a bit of consultation about what the mayor is planning to do.

    Like many of the people who responded to the Green Paper, we argued strongly that the principal powers should be extended to include duties relating to the health of Londoners and the co-ordination of the provision of higher, or post-secondary, education. Neither has been included in the Bill. We argued that, although the electoral system would be better than the one we had when London last had regional government, the proposed system was not the best. That is as true now as when we started our consideration of the Bill. I have to report that there has been no improvement at all to any of the proposals that were the subject of those five objections.

    We were surprised that the Government resisted so many of the specific ways in which we sought to amend the authority's general powers. We argued that a principal purpose of the new authority should be promoting the health of people in Greater London, but they resisted that. We argued that a principal purpose should be the achievement of sustainable development. They resisted that. Saddest of all, when we argued yesterday that a principal purpose of the authority should be the promotion not only of social development but of equal opportunities, they resisted that, too.

    We argued that it might be possible for the deputy mayor to be chosen by the assembly, given that the deputy mayor has to come from the assembly. We thought that the Government might accept that reasonable and modest proposal—but no, the deputy mayor has to be appointed by the mayor because the mayor has to keep all the power to herself or himself.

    On Second Reading, we also flagged up the fact that we wanted to introduce parish and community councils in London under the umbrella of the Bill. The rest of Britain can have them, but sadly, that was not technically possible because of the Bill's long title. We shall have to come back to that issue.

    We have clearly moved forward in some respects and progress has been made. We flagged up the fact that the Government were proposing that, although the elections would be in May next year, the authority would come into existence in April. We persuaded them that that was not terribly logical. There will now be elections for the assembly in May and the authority will come into being in July, which is a welcome change.

    We welcome the proposals for consulting more widely with London's representative communities, which we argued about in Committee. We welcome wider consultation with people about the appointment of chief officers of police, which we pressed for in Committee. We greatly welcome the great concessions of yesterday, when the Government accepted our amendments: climate change should appear instead of global warming, and waste minimisation should be added to the list of environmental considerations. Those are small amendments for which we are nevertheless grateful.

    It was also accepted all round the House that, for the first election, there should be a minimum threshold, for particular London reasons, for those who are to be elected on the top-up list. However, Liberal Democrat Members made it clear that we reserve our position until we have heard the electoral commission's report on the viability and appropriateness of continuing a threshold thereafter.

    Given the vandalism of the Conservative Government, who abolished the GLC, and the fact that this Government are re-establishing London government, may I suggest that Liberal Democrats are nitpicking? They accuse us of centralisation, but we are responding to public demand and restoring London government. In respect of economic power, we are creating a regional development agency and the power of the mayor will be balanced by the assembly. Health is a feature, and we are not returning to a GLC. We are restoring London government, and Londoners will elect a Labour mayor.

    The hon. Gentleman has a duty to defend the proposition put forward by his party, given that he is responsible for so much in London Labour party politics.

    We take the same general view on this Bill as we take on the Government's constitutional reforms in Scotland, Wales and Northern Ireland. The Government could have been brave, but they are usually timid. They could have real devolution, but they always stop short. They could have given power away from Whitehall, but they always keep Secretaries of State and Prime Ministers in charge of the bodies that are meant to be devolved.

    In his discussions with his colleagues, could the hon. Gentleman find time to suggest to his mathematical colleague, the hon. Member for Sutton and Cheam (Mr. Burstow), that he might wish to calculate the number of repetitive arguments that have been put ad nauseam by the Liberal Democrats at every Committee sitting and in the House?

    I seem to remember that the hon. Gentleman came up with some extraordinary views in Committee which suggested that Stalinism still reigns on some of the Labour Benches. We kept to the agreed timetable in Committee. My hon. Friends and I contributed to most debates, unlike most Labour Back Benchers, who were noticeably silent. Sadly, that is a reflection of the state of the parties: we speak our minds, whereas Labour Members are often not allowed to do so.

    The Government had opportunities to make progress. They could have agreed to allow the mayor to be recalled—a point made by the hon. Member for Croydon, South (Mr. Ottaway)—if he or she no longer had the confidence of Londoners, but they resisted. They could have allowed London government to take account of national policy, but not to be required to be consistent with it. Why have devolution if the devolved body has to do the same as everyone else? However, the Government resisted that. They could have allowed London government to be free of capping, but they resisted it. They could have allowed the current concessionary fare regime, which is the best of the series of regimes, to be the starting point for concessionary fares in the new London government, but instead we shall start with the old regime, which is less good in terms of those who benefit from the concessions.

    Although we welcome the opportunity for road charging to be levied both at the workplace and for road users, the Government resisted other transport proposals that were obviously necessary. They resisted permanent hypothecation, which we debated regularly with the Minister for Transport in London. They resisted the proposal by my hon. Friend the Member for Carshalton and Wallington (Mr. Brake) for a guaranteed annual increase in funding for London transport in line with the retail price index.

    Then, in Committee, we had the blow that none of us expected. We imagined that London Regional Transport would be abolished and handed over to Transport for London, but we discovered that it would not be abolished after all. We discovered that the invitation to tender for the new tube system, which was meant to be issued early this spring, had still not been issued, and that the public-private partnership, which the Government say is not driven by empty ideology, is something to which the Government are so wedded that they will continue with it, despite the fact that it appears to be an empty proposition. Nobody is playing that game. My hon. Friends have offered the Government a better, internationally tried and tested, and acceptable alternative—a public interest company to run London underground. Instead, next July we are to have a London government that will not allow the mayor or the assembly to run the key transport system that everybody thought it would run.

    We do not support the Conservative amendment, and we shall oppose it. The Conservatives complain about the fairer electoral system that is proposed, because they believe that it will lead to parties having an influence out of proportion to the number of their candidates who have been elected. The fact is that people will be elected in proportion to the votes cast for them. The Tory party has set itself against the right of the London government to introduce road charging, which we think it should have. The Tory answer to the problem of the future of the tube is to privatise it, which my hon. Friends and I have always opposed. I pay tribute to my hon. Friends who have worked assiduously in Committee for 100 hours, and to my hon. Friend the Member for Carshalton and Wallington (Mr. Brake), who has supported us throughout. For Liberal Democrats, this Bill has been a test of whether the Government would deliver regional government for London. We gave them the benefit of the doubt on Second Reading. Sadly. we have been let down, so we shall not be able to support the Bill on Third Reading tonight.

    9.31 pm

    I welcome the Bill, which will restore democratic accountability to London. I still welcome it, even though we spent until midnight yesterday discussing it, and 100 hours in Committee, not to mention Second Reading. As amended, it is now an immensely detailed document. If the hon. Member for Southwark, North and Bermondsey (Mr. Hughes) is to be believed, it is the largest ever Bill. It will fundamentally affect the lives of Londoners by setting out how the mayor and assembly will be elected, the accountability of the mayor, which is most important, and the strategies of the mayor.

    The capital's transport strategy is of great importance to Londoners, and has rightly generated huge interest. It has taken up a great deal of time and energy on the Floor of the House and in Committee. It was one of the areas that I focused on in my speech on Second Reading on 14 December. I raised issues of concern to the licensed taxi trade, a large number of whose drivers live in my constituency. I was pleased to introduce a new clause in Committee on charging fees for "the knowledge", so that existing drivers do not have to subsidise applicants for licences. The Government have accepted the case, and hope to introduce a measure in the other place.

    The Bill deals with the vital area of planning. There is a clear need for a strategic approach to planning in London. If strategic planning was not needed after the abolition of the Greater London council, why did the London Planning Advisory Committee have to be established?

    There is also a clear need for a London overview of environmental issues, such as biodiversity, waste management, air quality and noise. A culture strategy is also important. That comes last on the list, but as far as I am concerned last is not least. As a former chair of the leisure committee on the London borough of Redbridge and as a professional librarian, I strongly hold the view that people spend their quality time on leisure and culture—what they choose to do with their time, rather than what they are obliged to do with it. Under that heading come art and tourism, sport, buildings, treasures, antiquities, broadcasting and other media, museums, galleries and libraries.

    I am delighted that the London research centre—the former research library—which was wrenched from its place in County hall when the GLC was spitefully abolished, will return under the umbrella of our splendid new GLA to continue to serve Londoners through their mayor and assembly.

    9.34 pm

    The Bill has been notable for the excellent relations between hon. Members on the Front Benches. That has enabled us to make progress within the timetable, and to try to improve the Bill. Candidly, it has come out of its Committee and Report stages hardly any better. It is undoubtedly longer, and I shall judge it by its effect on my constituents.

    I must pay tribute to my hon. Friend the Member for Croydon, South (Mr. Ottaway), who has been good humoured, but tenacious throughout; our Whip, my hon. Friend the Member for Solihull (Mr. Taylor), who was the only non-London member of the Standing Committee; and the Nestor on our Committee, my right hon. Friend the Member for Cities of London and Westminster (Mr. Brooke), to whom we Conservative Achaeans always turn for wise counsel in the difficult task of investing socialist—I must not call it that—new Labour Ilium. The triumvirate—or should I say "tripersonate"?— on the Government Front Bench, the hon. Members for Greenwich and Woolwich (Mr. Raynsford), for Hampstead and Highgate (Ms Jackson) and for Vauxhall (Kate Hoey), have been attentive and courteous, and we appreciate the way in which they have responded to all our questions.

    I asked whether the Bill would benefit my constituents. It will provide a voice for London; but will the mayor's voice be the authoritative voice of Londoners, or will he merely articulate his own concerns? We look to the assembly to modify his opinions, and to provide counsel and input to ensure that local interests are secure. We have our doubts, however. As my hon. Friend the Member for Croydon, South said, without borough representation there is a serious likelihood that important local interests will be subordinated to the concerns and preoccupations of the mayoralty, or of London as a whole.

    The assembly will be a strange political hermaphrodite. How the two parts will coexist remains to be seen, but I am sure that the directly elected representative for my constituents' borough and the neighbouring borough of Ealing will carry more weight than the more rootless individuals who will have no constituency connection. The jiggery-pokery involved in the imposition of an arbitrary 5 per cent. threshold rather than the arithmetical threshold of about 3.8 per cent. of normal turnout will ensure that probably one representative on the list is not the authentic person who would have been elected under an arithmetical system, and is therefore not the representative in a wholly democratic sense.

    As for the qualities desired in the mayor, he will need drive and vision, but, above all, he will need political attributes to be able to take advantage of the wide powers of consultation that the Bill vests in him. I think that we approve of the manner in which the Government have sought to widen the consultation and make it effective, but, if the mayor is to reconcile diverse and potentially conflicting interests involving boroughs, business, race and minorities, industry and the environment, he will need a sense of balance.

    No, because others wish to speak. Normally, I would give way.

    My constituents are apprehensive about planning. The spatial development strategy of the mayoralty will, in essence, take precedence over the unitary development plans of the boroughs, and thus could militate against my constituents' concern to ensure a balance between developmental and residential needs, and recognition of the paramount importance of maintaining the environment and the quality of life in London.

    In that context, people will look to the authority to bring about a genuine improvement in London's transport system. They are doubtful whether road user charges could ever work: they are aware that the British motorist already pays the highest taxes in Europe, and that these are just additional taxes. I consider it diabolical that employers should have to pay taxes for the people who come to work on their premises. As for promoting the Bill and taking it to its final stage without meeting the main objective that the Labour party set itself in London-—the creation of a public—private partnership—that is a deficiency of the worst order, of which I am sure the electorate will prove highly critical in the elections next spring for the mayor and members of the assembly.

    This will not be a truly democratic institution of the kind to which we are used, particularly because there is no mechanism to hold the mayor to account, and to get rid of him if necessary. We have reservations about the system of election and about the powers and undue influence of the Secretary of State. That said, we are determined that the assembly and the authority, in the person of the mayor who heads it, will be Conservative controlled next spring. That is our objective. We are determined to make the system work. Our constituents may have reservations now, but, with Conservative control, it could potentially do a very good job.

    9.40 pm

    I say to the hon. Member for Ruislip-Northwood (Mr. Wilkinson) that Solihull was not the only non-London representation on the Committee. The Vale of Glamorgan was there, too, and that should be recognised.

    It is not worth rising to the flatulent twaddle of the Liberal Democrats, save to say that the hon. Member for Southwark, North and Bermondsey (Mr. Hughes) entirely forgot the one lasting and only significant impression that they made on the Bill. Hon. Members who were on the Committee may remember that, on one occasion, there was a "which" where the "h" had been left off. The Liberal Democrat train spotters noticed it and put the "h" back in. That—I mean it with all sincerity—is the only significant, substantive change that the Liberal Democrats made to the entire Bill.

    Nothing in the reasoned amendment—we have to say "reasoned"; I do not know why—that has been tabled by the Conservative party would find any support among Labour Members. It is quite a disappointment, given that we spent so much time lovingly together upstairs in Committee Room 12.

    The first point in the reasoned amendment is fine: we would anticipate that from Conservatives. They are against democracy, so they do not want a directly elected chamber of any significance in terms of the assembly. If they were honest, they would admit that they would rather have some blokes-in-suits way of securing the mayoralty, perhaps an hereditary principle or something like that. Nothing else that they suggest in the reasoned amendment is worth supporting. It should simply be dismissed out of hand.

    The real reason why I wanted to speak was to say that there were three people in the Committee who did substantive work and should be congratulated by the entire House, not just by Labour Members. As a preface, I say that the Conservatives are to be congratulated on the way in which they dealt with matters of substance in Committee. They had their position. It was bonkers and entirely wrong on most occasions, but they put it in a reasoned and fair way. Their position was full of integrity, rather than the on-going teenage "Call My Bluff' which we had ad nauseam from the three Liberal Democrats, lovingly referred to as Moe, Larry and Curly, the Three Stooges.

    The three who made significant contributions are, of course, the Front-Bench team. It is not invidious to point out that, although the Under-Secretary of State for the Home Department, my hon. Friend the Member for Vauxhall (Kate Hoey), and my hon. Friend the Minister for Transport in London played a significant role, the real architect of the piece is my hon. Friend the Minister for London and Construction. He is to be hugely congratulated on his work, which is why that is enough from me; I want to hear from him.

    9.43 pm

    It is a pleasure to follow the hon. Member for Harrow, East (Mr. McNulty). He spoke on the Committee as much as any Labour Back Bencher. I join him in his praise for the Minister for London and Construction and his colleagues. It has been a long road. It has been a pleasure to follow that road in the steps of my hon. Friend the Member for Croydon, South (Mr. Ottaway).

    I go back briefly to the governance of London debate in mid-June 1997. At that stage, the Government did not seem to be clear where they were going. I recall quoting a question to Alec Douglas-Home during the 1964 general election about VAT, to which he replied, "A lot of clever chaps are thinking about it at this moment."

    After the debate, the Minister confirmed to me that a lot of clever chaps were beginning to flesh out what the Labour party thought about the governance of London in preparation for the Bill. I am not totally confident that the Government know even now where they are going.

    We have come to Third Reading. Like the hon. Member for Harrow, East, I greatly enjoyed the Committee stage. I am sorry that I have not been present more often during Report. Much work has been done by those clever men, hut, as with devolution on the eve of the first elections and as with the House of Lords Bill in the Committee stage—we have not even been allowed to debate the White Paper on the future of the House of Lords—ultimately, we do not have a clear idea that the Government know their direction. The best evidence for that is the gallimaufry and mishmash of new clauses and new schedules with which we have been festooned during the debate.

    The Government have relied on the election and the referendum result, which they claim endorsed their proposals. As their political opponent, I am content that they should remain lulled into false security, although, as I re-entered the Chamber a little before 6 o'clock this evening, I felt the susurrus of flapping—not yet the flapping of London Labour Members concerned about their seats, but certainly the flapping of chickens coming home to roost.

    To state the position in London terms, I sadly have a sense of the Third Reading of this Titanic of a Bill steaming steadily into the darkness; its engine room, which is the London underground, as invisible as the underground is to the average London pedestrian. The Minister for Transport in London has been temporarily lost overboard, but she is obliged to believe that all is well with the Government's plans for the London underground. As a traveller on the underground, I place more confidence in the permanent way than the third way. I fear that, as time passes, the number of Londoners who believe that all is well with the underground under Labour is beginning to recede. That is how support for a Government haemorrhages. I do not say that with pleasure, for I am a Londoner, but it increases the sense of drama and the feeling that the Government will first visibly retreat in the heart of our capital.

    9.46 pm

    Even if I had the skills of Liberal Democrat Members, unfortunately time does not allow me to indulge in the verbal incontinence that we have heard them demonstrate throughout the Committee proceedings on the Bill. Those hon. Members who were not present in Committee did at least witness a small example of that a few moments ago.

    The people of Uxbridge were, at best, lukewarm when they voted in the referendum for London government without knowing the meat on the bones of that concept. Now that there is a little more meat, they will be disappointed to find out exactly what they voted for. However, it would be churlish of me not to say that the Bill contains some good proposals, although it is not the Conservative model, and I fear that it will not fulfil the aspirations that many Londoners have for it. My particular worry is that the outer London suburbs, such as the area that I represent, will pay for the inner boroughs and will end up being neglected by the mayor and assembly.

    I accept that, although we shall shortly vote for the reasoned amendment in the name of my right hon. and hon. Friends, the mathematics will be against us once again. I am pleased at least to have taken part in this undoubtedly historic moment in London's history. I hope that my doubts will not be realised, because I take pride in this great city of ours. However, I fear that it will take a Conservative mayor and assembly to make sure that the Bill works for the people.

    9.47 pm

    The reasoned amendment serves only to highlight the confusion and muddle that characterise the Conservative party's approach to the governance of our capital.

    Fifteen years ago, the Conservative party introduced legislation to abolish democratic and strategic government in London, without consultation, without a referendum and without so much as a by-your-leave. They left London for 13 years without a democratic, citywide authority. Two years ago, the Conservatives went into an election arguing that there was no need for any strategic authority for the capital. Following their comprehensive rejection by the people of London, they were forced to think again. Today, we see the result of that extended process of policy reappraisal.

    While the rest of London looks forward to the potential and possibilities that the Greater London Authority will bring, the Conservative party has, at long last and after much consideration, got around to a grudging acceptance of the need for a representative body for London, although it still proposes to vote against the Third Reading of the Bill that will set up the new authority.

    Of course, the people of London have not chosen to wait for the Conservative party's conclusions. While it has been deliberating, the Government have published a Green Paper and a White Paper and held a referendum in which our policy proposals were overwhelmingly endorsed by majorities in every one of the 32 London boroughs and the City of London. It is those proposals that the Bill will implement.

    We intend that there should be a mayor and assembly for London: a mayor to offer strategic leadership across the capital and an assembly to ensure proper scrutiny and accountability. The mayor will be elected with a clear mandate from the people of London—which the supplementary vote may be more capable of delivering than first past the post. The assembly will not—as the hon. Member for Croydon, South (Mr. Ottaway) suggested—be a hung council. Conservative Members seem not yet to have recognised that the mayor and not the assembly will be the executive, and that the mayor will have a clear mandate.

    The assembly will be elected by the proportional, additional member system, with a mixture of constituency and list members—reflecting the diverse views of London, and ensuring that the assembly is best placed to perform its role as a body charged not with executive responsibilities, but with questioning, scrutinising and investigating on behalf of the capital's electorate.

    The electoral systems have been designed for effective government in London, were clearly stated in our White Paper and were overwhelmingly endorsed in the referendum. Conservative Members' refusal to accept those facts borders on the incredible.

    I shall now deal with road user charging, which was also mentioned in the Opposition's reasoned amendment. In doing so, I should briefly provide some background to our proposals.

    When Conservative Members left power, they left behind a city suffering from traffic congestion and air pollution—with all the costs to health and the economy that those entail, but without any framework or plan for dealing with them. The position was not sustainable. However—perhaps with the exception of Conservative Members—there has been broad endorsement of our approach, in our integrated transport strategy, to tackling those problems.

    We developed our proposals on road user charging and workplace parking charging with the support of a wide range of organisations from the business community—such as London First—and from the wider community, including the Association of London Government. Contrary to the claims of Conservative Members, our proposed measures are not anti-car, but represent a balanced package aimed at reducing congestion and generating investment.

    Moreover, the proposals are not—as Conservative Members suggested—being imposed by the Government. The mayor and the London boroughs will have the power to introduce such charges if they choose to do so. That is a proper democratic framework. We have also guaranteed that, for 10 years, every penny so raised will be devoted to investment in transport. Again, therefore, the Opposition's reasoned amendment reflects nothing more than a lack of understanding of the challenges facing London, and the disengagement of the Conservative party from London's new political agenda—which has been symbolised by yet another spectacular U-turn, as Conservative Members try to forget the congestion charging proposals that they themselves made in a Green Paper only three years ago, when they were in power. Conservative Members have given up all principle and consistency and are opportunistically seizing any issue that they think might bring them a little cheap short-term popularity.

    When the Government came to power, we inherited a clapped-out underground system, suffering from years of neglect and underinvestment and with no satisfactory arrangements for future investment. It is therefore astonishing to have to listen to carping criticisms from Conservative Members when they are faced with the new and creative approach that we have adopted to bringing much-needed investment back into the underground system. Their carping simply demonstrates the total bankruptcy of their views, their failure to recognise London's new mood, and the new way forward offered by the Government.

    I criticise Conservative Members, but I also criticise Liberal Democrat Members. As my hon. Friend the Member for Poplar and Canning Town (Mr. Fitzpatrick) rightly stressed in his intervention, while the Government are engaged in restoring a vibrant new democratic structure of government for London, the Liberal Democrats are capable only of narrow-minded carping. We have heard a series of whinges from them—such as their belief that the mayor will be too powerful. They simply cannot stomach the idea of an effective mayor who will be able to deliver for the people of London.

    The Liberal Democrats claimed that there was no provision for health, but they were wrong. The Bill contains clear provisions allowing the mayor to have full regard to the health of Londoners, and to promote initiatives to improve the health of Londoners.

    For decades and generations, the Liberal Democrats have campaigned on electoral reform, but—would you believe it? —when we present them with a proportional electoral system for London, do they say, "Yes, we welcome it"? No, they carp, whinge and criticise. It is typical that they should fail to welcome the proposal.

    The fact that the Liberal Democrats will abstain in the vote on Third Reading—sitting on their hands while we are creating a new structure of government for London—[Interruption.] The hon. Member for Southwark, North and Bermondsey (Mr. Hughes) said that he would not be supporting either the Conservatives' reasoned amendment or Third Reading, and that is abstention. It is a failure to sit on either side of the fence—which is typical of a party of protest, not of a serious party of government.

    The record will show that the Minister is wrong. I said that we would vote against the reasoned amendment for the reasons that I set out in my speech.

    The Liberal Democrats will be voting against the Conservatives' reasoned amendment, but they will not be supporting the Third Reading of the Bill. What a classic comment on their total disengagement from the process of government. They are irrelevant to the future of London.

    In contrast with the lame and limp contributions of the Liberal Democrats, we have heard many telling contributions this evening. My hon. Friend the Member for Upminster (Mr. Darvill) rightly highlighted the historic nature of what we are doing. My hon. Friend the Member for Ilford, North (Ms Perham) rejoiced in the restoration of democratic electoral systems in London and a democratic citywide authority. The hon. Member for Ruislip-Northwood (Mr. Wilkinson) demonstrated once again his characteristically courteous approach by thanking us for the courtesy that we extended in Committee; I greatly appreciate that. He made some important points on behalf of his constituents. I thank my hon. Friend the Member for Harrow, East (Mr. McNulty) for his kind words. He added his characteristically vibrant approach to the debate and highlighted again the ineffectiveness of the Liberal Democrats.

    The right hon. Member for Cities of London and Westminster (Mr. Brooke) entertained us with his characteristic humour and erudition throughout the Committee. I thank him for his contribution this evening, although I disagree with his conclusion about where we are going and the prospects for the new London government. He may be in for a surprise as the people of London welcome the creative new structure of government with an elected mayor, which the right hon. Member for Henley (Mr. Heseltine), sitting next to him, has advocated in the past. The new structure can offer new hope, new prospects and a better system of government to galvanise our city. I hope that, when it succeeds, the right hon. Gentleman will recognise that he was present and party to an historic reform of government in London.

    In a characteristically kind way, the hon. Member for Uxbridge (Mr. Randall) recognised the good things in the Bill, although he criticised it. He also always saw the brighter things of life in Committee, including the odd bird flying past the window, which caught his attention as an avid bird watcher.

    The Bill carries forward our manifesto promise to the people of London, confirmed a year ago this week in the referendum, to create a new authority, providing the right mix of leadership and accountability, with an elected mayor and a separately elected assembly. The Bill will ensure that Londoners once more have a democratic say on vital issues such as transport, the environment and economic development. It provides a framework for new investment in the underground system and for the first time will give the people of this city proper democratic oversight of the running of their police service.

    The Bill will comprehensively reform the way in which our capital is governed. That inevitably requires complex and lengthy legislation. I am particularly grateful for the diligence and fortitude of all the hon. Members who have contributed to the detailed scrutiny of the Bill in Committee and on Report. I am grateful for the support and help of all my hon. Friends, but I also thank the Conservative and Liberal Democrat Members who have shown enormous diligence in following the Bill through its lengthy proceedings. The Standing Committee sat for more than 100 hours and considered a huge number of amendments—1,400 of them—addressing every aspect of the Bill. Contrary to some suggestions, the majority of the amendments—around nine out of 10—were from the Opposition parties, who managed to table more amendments to this Bill than to any other in recent memory.

    The hon. Member for Sutton and Cheam (Mr. Burstow) has assiduously tried to count the number of clauses. He overlooked the amendments that deleted redundant clauses. Our estimate is that there will be 330 clauses, not 338, but he was right about there being 27 schedules.

    I am grateful for the Committee's diligent scrutiny. That, together with the timetabling of progress through all stages, including Report, has ensured that every aspect of the Bill has been tested and examined in the most rigorous detail, enabling the House to make its legislative intent very clear. I am sure that that will be noted when the Bill is examined in the other place.

    The Bill will leave the House in good shape, with its underlying principles endorsed. It is a good and historic Bill. Future generations will look back on it as an important milestone in the development of democratic government in London. We are offering a new style of governance for London with a directly elected mayor as part of our programme to modernise local government systems. One year to this day—

    It being Ten o'clock, MR. DEPUTY SPEAKER put the Question already proposed from the Chair, pursuant to Order [30 April]: —

    The House divided: Ayes 105, Noes 265.

    Division No. 167]

    [10 pm

    AYES
    Amess, DavidFraser, Christopher
    Ancram, Rt Hon MichaelGarnier, Edward
    Arbuthnot, Rt Hon JamesGibb, Nick
    Atkinson, David (Bour'mth E)Gorman, Mrs Teresa
    Baldry, TonyGray, James
    Beggs, RoyGreen, Damian
    Bercow, JohnGreenway, John
    Boswell, TimGrieve, Dominic
    Bottomley, Peter (Worthing W)Gummer, Rt Hon John
    Bottomley, Rt Hon Mrs VirginiaHague, Rt Hon William
    Brady, GrahamHamilton, Rt Hon Sir Archie
    Brazier, JulianHammond, Philip
    Brooke, Rt Hon PeterHeald, Oliver
    Browning, Mrs AngelaHeseltine, Rt Hon Michael
    Bruce, Ian (S Dorset)Horam, John
    Burns, SimonHowarth, Gerald (Aldershot)
    Butterfill, JohnHunter, Andrew
    Chapman, Sir SydneyJack, Rt Hon Michael

    (Chipping Barnet)

    Jenkin, Bernard
    Chope, ChristopherKey, Robert
    Clarke, Rt Hon KennethLaing, Mrs Eleanor

    (Rushcliffe)

    Lansley, Andrew
    Clifton-Brown, GeoffreyLeigh, Edward
    Collins, TimLidington, David
    Cran, JamesLilley, Rt Hon Peter
    Curry, Rt Hon DavidLloyd, Rt Hon Sir Peter (Fareham)
    Davies, Quentin (Grantham)Loughton, Tim
    Davis, Rt Hon David (HaltempriceLyell, Rt Hon Sir Nicholas

    & Howden)

    MacGregor, Rt Hon John
    Duncan, AlanMcIntosh, Miss Anne
    Duncan Smith, IainMackay, Rt Hon Andrew
    Emery, Rt Hon Sir PeterMaclean, Rt Hon David
    Evans, NigelMcLoughlin, Patrick
    Fabricant, MichaelMalins, Humfrey
    Fallon, MichaelMaude, Rt Hon Francis
    Flight, HowardMawhinney, Rt Hon Sir Brian
    Forth, Rt Hon EricMay, Mrs Theresa
    Fowler, Rt Hon Sir NormanNicholls, Patrick

    Ottaway, RichardTownend, John
    Page, RichardTrend, Michael
    Paterson, OwenViggers, Peter
    Randall, JohnWalter, Robert
    Redwood, Rt Hon JohnWaterson, Nigel
    Robertson, Laurence (Tewk'b'ry)Whitney, Sir Raymond
    Roe, Mrs Marion (Broxbourne)Whittingdale, John
    Rowe, Andrew (Faversham)Widdecombe, Rt Hon Miss Ann
    Sayeed, JonathanWilkinson, John
    Shephard, Rt Hon Mrs GillianWilshire, David
    Simpson, Keith (Mid-Norfolk)Winterton, Mrs Ann (Congleton)
    Soames, NicholasWoodward, Shaun
    Stanley, Rt Hon Sir JohnYeo, Tim
    Swayne, DesmondYoung, Rt Hon Sir George
    Syms, Robert
    Taylor, Ian (Esher & Walton)

    Tellers for the Ayes:

    Taylor, John M (Solihull)

    Mr. Stephen Day and

    Taylor, Sir Teddy

    Sir David Madel.

    NOES
    Abbott, Ms DianeCranston, Ross
    Adams, Mrs Irene (Paisley N)Crausby, David
    Ainsworth, Robert (Cov'try NE)Cryer, Mrs Ann (Keighley)
    Allen, GrahamCryer, John (Hornchurch)
    Anderson, Janet (Rossendale)Cunningham, Jim (Cov'try S)
    Armstrong, Rt Hon Ms HilaryDalyell, Tam
    Ashton, JoeDarling, Rt Hon Alistair
    Atkins, CharlotteDarvill, Keith
    Austin, JohnDavey, Edward (Kingston)
    Barnes, HarryDavey, Valerie (Bristol W)
    Barron, KevinDavidson, Ian
    Battle, JohnDavies, Rt Hon Denzil (Llanelli)
    Bayley, HughDavies, Geraint (Croydon C)
    Beard, NigelDavis, Terry (B'ham Hodge H)
    Beckett, Rt Hon Mrs MargaretDawson, Hilton
    Benn, Rt Hon TonyDean, Mrs Janet
    Bennett, Andrew FDenham, John
    Bermingham, GeraldDismore, Andrew
    Berry, RogerDobson, Rt Hon Frank
    Best, HaroldDonohoe, Brian H
    Betts, CliveDowd, Jim
    Blackman, LizDrown, Ms Julia
    Blears, Ms HazelEagle, Angela (Wallasey)
    Blizzard, BobEagle, Maria (L'pool Garston)
    Boateng, PaulEdwards, Huw
    Bradley, Keith (Withington)Efford, Clive
    Bradley, Peter (The Wrekin)Ennis, Jeff
    Brake, TomField, Rt Hon Frank
    Breed, ColinFisher, Mark
    Brown, Rt Hon Nick (Newcastle E)Fitzpatrick, Jim
    Buck, Ms KarenFlint, Caroline
    Burden, RichardFlynn, Paul
    Burgon, ColinFollett, Barbara
    Burstow, PaulFoster, Rt Hon Derek
    Butler, Mrs ChristineFoster, Michael Jabez (Hastings)
    Byers, Rt Hon StephenFoulkes, George
    Campbell, Ronnie (Blyth V)Gapes, Mike
    Campbell—Savours, DaleGardiner, Barry
    Caplin, IvorGeorge, Bruce (Walsall S)
    Casale, RogerGerrard, Neil
    Chapman, Ben (Wirral S)Gibson, Dr Ian
    Chaytor, DavidGilroy, Mrs Linda
    Clark, Rt Hon Dr David (S Shields)Godsiff, Roger
    Clark, Dr LyndaGoggins, Paul

    (Edinburgh Pentlands)

    Golding, Mrs Llin
    Clarke, Charles (Norwich S)Gordon, Mrs Eileen
    Clarke, Rt Hon Tom (Coatbridge)Griffiths, Jane (Reading E)
    Clarke, Tony (Northampton S)Griffiths, Win (Bridgend)
    Clwyd, AnnGrocott, Bruce
    Coaker, VernonGrogan, John
    Coffey, Ms AnnHall, Mike (Weaver Vale)
    Cohen, HarryHall Patrick (Bedford)
    Colman, TonyHamilton, Fabian (Leeds NE)
    Cook, Frank (Stockton N)Harman, Rt Hon Ms Harriet
    Corbyn, JeremyHeal, Mrs Sylvia
    Cousins, JimHealey, John

    Henderson, Doug (Newcastle N)McCartney, Rt Hon Ian
    Henderson, Ivan (Harwich)

    (Makerfield)

    Hepburn, StephenMcDonagh, Siobhain
    Heppell, JohnMcDonnell, John
    Hesford, StephenMcKenna, Mrs Rosemary
    Hewitt, Ms PatriciaMackinlay, Andrew
    Hodge, Ms MargaretMcNulty, Tony
    Hoey, KateMacShane, Denis
    Hoon, GeoffreyMactaggart, Fiona
    Hope, PhilMcWalter, Tony
    Howarth, George (Knowsley N)Mahon, Mrs Alice
    Hughes, Kevin (Doncaster N)Mallabar, Judy
    Hughes, Simon (Southwark N)Mandelson, Rt Hon Peter
    Hurst, AlanMarsden, Gordon (Blackpool S)
    Hutton, JohnMarsden, Paul (Shrewsbury)
    Iddon, Dr BrianMarshall, David (Shettleston)
    Illsley, EricMeale, Alan
    Jackson, Ms Glenda (Hampstead)Merron, Gillian
    Jamieson, DavidMilburn, Rt Hon Alan
    Jenkins, BrianMiller, Andrew
    Johnson, Alan (Hull W & Hessle)Mitchell, Austin
    Johnson, Miss MelanieMoffatt, Laura

    (Welwyn Hatfield)

    Moran, Ms Margaret
    Jones, Helen (Warrington N)Morley, Elliot
    Jones, Ms JennyMountford, Kali

    (Wolverh'ton SW)

    Mullin, Chris
    Jones, Dr Lynne (Selly Oak)O'Brien, Bill (Normanton)
    Kaufman, Rt Hon GeraldO'Brien, Mike (N Warks)
    Keeble, Ms SallyOlner, Bill
    Keen, Alan (Feltham & Heston)Palmer, Dr Nick
    Keen, Ann (Brentford & Isleworth)Pearson, Ian
    Kelly, Ms RuthPerham, Ms Linda
    Kemp, FraserPickthall, Colin
    Khabra, Piara SPike, Peter L
    Kilfoyle, PeterPlaskitt, James
    King, Andy (Rugby & Kenilworth)Pollard, Kerry
    King, Ms Oona (Bethnal Green)Pond, Chris
    Kingharn, Ms TessPope, Greg
    Kumar, Dr AshokPound, Stephen
    Laxton, BobPrentice, Ms Bridget (Lewisham E)
    Levitt, TomPrentice, Gordon (Pendle)
    Lewis, Ivan (Bury S)Prosser, Gwyn
    Lewis, Terry (Worsley)Purchase, Ken
    Linton, MartinQuin, Rt Hon Joyce
    Livingstone, KenRammell, Bill
    Lloyd, Tony (Manchester C)Rapson, Syd
    Lock, DavidRaynsford, Nick
    Love, AndrewRoberston, Rt Hon George
    McAvoy, Thomas

    (Hamilton, S)

    McCafferty, Ms ChrisRobinson, Geoffrey (Cov'try Nw)

    Roche, Mrs BarbaraTaylor, Rt Hon Mrs Ann
    Ross, Ernie (Dundee W)

    (Dewsbury)

    Rowlands, TedTaylor, Matthew (Truro)
    Roy, FrankTemple-Morris, Peter
    Ruddock, JoanThomas, Gareth R (Harrow W)
    Russell, Bob (Colchester)Timms, Stephen
    Russell, Ms Christine (Chester)Tipping, Paddy
    Ryan, Ms JoanTodd, Mark
    Sanders, AdrianTonge, Dr Jenny
    Savidge, MalcolmTrickett, Jon
    Sawford, PhilTumer, Dennis (Wolverh'ton SE)
    Sedgemore, BrianTwigg, Derek (Halton)
    Sheerman, BarryTwigg, Stephen (Enfield)
    Sheldon, Rt Hon RobertVis, Dr Rudi
    Singh, MarshaWalley, Ms Joan
    Skinner, DennisWard, Ms Claire
    Smith, Rt Hon Andrew (Oxford E)Wareing, Robert N
    Smith, Miss GeraldineWatts, David

    (Morecambe & Lunesdale)

    White, Brian
    Smith, Jacqui (Redditch)Whitehead, Dr Alan
    Snape, PeterWicks, Malcolm
    Soley, CliveWills, Michael
    Southworth, Ms HelenWinnick, David
    Spellar, JohnWise, Audrey
    Squire, Ms RachelWood, Mike
    Starkey, Dr PhyllisWray, James
    Stewart, Ian (Eccles)Wright, Anthony D (Dt Yarmouth)
    Stoate, Dr HowardWright, Dr Tony (Cannock)
    Strang, Rt Hon Dr Gavin
    Straw, Rt Hon JackTellers for the Noes:
    Stringer, GrahamJane Kennedy and
    Sutcliffe, GerryMr. Keith Hill.

    Question accordingly negatived.

    Main Question put forthwith, pursuant to Standing Order No. 62 (Amendment on Second or Third Reading), and agreed to.

    Bill accordingly read the Third time, and passed.

    Select Committee On Public Administration

    Ordered,

    That Mr. Mike Hancock be discharged from the Select Committee on Public Administration and Mr. Mark Oaten be added to the Committee.—[Mr. Allen.]

    Medical School (North Staffordshire)

    Motion made, and Question proposed, That this House do now adjourn.— [Mr. Allen.]

    10.15 pm

    I am most grateful for this opportunity to make the case in the House for an undergraduate medical school at Keele university, which will be for the benefit of people in north Staffordshire and further afield. The proposal is supported by many hon. Members, some of whom are here this evening.

    We want Keele university to be able to offer places to 50 undergraduate medical students by 2000. Those places will be based in north Staffordshire, and placements will be provided in areas as far afield as Shropshire, the rest of Staffordshire, Burton and Crewe. It is essential to this bid that there is a joint proposal, involving the universities of Keele and of Manchester. This is a collaborative venture.

    During Prime Minister's questions today, we heard a lot about doctors' hours and the working time directive. However, the bottom line for us is that we do not have enough doctors, because the previous Government did not give them to us. Therefore, we recognise that we must recruit and train more medical staff in north Staffordshire, where the shortage is already apparent. It is worth noting that the health needs of our area are widely acknowledged to be more pressing than those of the rest of the west midlands and, indeed, of the country as a whole.

    I pay tribute to the vision of my right hon. Friend the Secretary of State for Health, who has put forward proposals in response to the medical work force standing advisory committee, which has stated that an extra 1,000 medical students should be recruited every year by the year 2005. I am happy to say that my right hon. Friend will visit north Staffordshire next week, so there will be an opportunity to discuss our proposals with him at first hand. However, his vision has been equalled by that of my right hon. Friend the Chancellor of the Exchequer who, through the comprehensive spending review, has provided the additional money for the extra recruitment.

    Does my hon. Friend agree that one of the strengths of the Keele bid for the additional places is that work on it has been going on for many years? There has been striking co-operation with the health authorities in Manchester and Shropshire over a long period. Everything is now in place to make it possible to expand the number of available places beyond 50. Is not that one of the main reasons behind the strength of this proposal?

    I am very happy to agree with my hon. Friend, who has campaigned longer than most for this medical school. In a moment, I shall explain how we have been trying to establish a medical school at Keele university since 1965.

    The vision that we share is not only for undergraduate places that at present do not exist in north Staffordshire. Our vision is for the expansion of facilities dedicated to medical education. For the first time since 1965, as a result of the comprehensive spending review, we have a real opportunity to establish a medical school in the area.

    That has been the dream of many people—including the medical director at the North Staffordshire hospital trust, Keith Prowse—since the 1960s.

    If we look out from Westminster across the river, we can see Guys and St. Thomas's medical school. We want exactly the same facility for Shropshire, Staffordshire and Cheshire. We want a postgraduate school. As my hon. Friend the Member for Newcastle-under-Lyme (Mrs. Golding) said, the bid is led by Keele university, and it has widespread support, not least from the North Staffordshire hospital NHS trust and other trusts in the area. It is supported by local Members of Parliament. There is also support, and proven expertise, from Manchester and Liverpool universities.

    The bid also has the support of chief executives from Burton hospitals NHS trust, East Cheshire NHS trust, Mid Cheshire hospitals NHS trust, Mid Staffordshire general hospitals NHS trust, the Princess Royal hospital NHS trust, the Robert Jones and Agnes Hunt orthopaedic and district hospital NHS trust, the Royal Shrewsbury hospitals NHS trust, and a range of local medical committees and primary care groups.

    That wide geographical support is backed by a new spirit of partnership that is growing as a result of the area's recently created and innovative health action zone. Excellent working partnerships across the area involve schools and health partnerships. We want to build on all that. Although we are in the west midlands region, the teaching hospital for which we are bidding would look towards Manchester. We have discussed that point with colleagues in the region and see no problem arising.

    No one disputes the difficulties of local recruitment of medical staff. We want to create an opportunity out of the shortage. We want permanent training places. We want 50 in the first instance, and we want to build on that figure. We want local youngsters to aim high and to take up a medical career. We also want to build a local centre of excellence to which students may come from elsewhere. They will come from outside the area to train with us and, having trained, they will stay on to practise in areas that are experiencing some of the greatest difficulties in recruiting medical staff—doctors, consultants and others.

    There is a culture of learning in our area. Earlier today, my hon. Friend the Member for Stoke-on-Trent, Central (Mr. Fisher) and I attended a presentation of the beacon awards at which Stoke-on-Trent college was presented with a certificate of excellence. There is a culture of aiming high so that we may address the traditional imbalance of underachievement.

    The spin-offs of a graduate medical centre would be enormous. There would be extra research money and benefits to patients—our constituents. It would almost certainly bring extra employment over a wide area, and it would bring extra ancillary staff. It would give us an opportunity to build a centre of excellence to deal with the particular medical problems that we face. I hope that I have argued convincingly for the excellence of the bid, which will shortly be considered by my hon. Friend the Minister of State, Department of Health.

    Let me turn now to the extent of ill health in the area. On key indicators, north Staffordshire performs consistently worse than the west midlands region and the United Kingdom as a whole. This is the right time to redress the imbalance, and to train and recruit personnel in an area in which they are badly needed. The figures speak for themselves. Keith Prowse, the medical director of North Staffordshire hospital NHS trust, has highlighted the seriousness of our recruitment problem. In north Staffordshire alone, there are 10 full-time general practitioner vacancies. Four further practices have hard-to-fill vacancies that have not even been advertised. Local GP training schemes have had five more vacant slots in 10 practices since last August. On behalf of all my hon. Friends present in the Chamber tonight, I ask the Minister to look favourably on our proposal for a world-class teaching hospital, based at Keele university and serving the wider region that we represent.

    10.25 pm

    I am grateful to my hon. Friend the Member for Stoke-on-Trent, North (Ms Walley) for allowing me to participate in this important debate.

    Among the Government's top priorities are improving health outcomes and addressing health inequalities. The Labour Government were the first to appoint a Minister for Public Health to set out proposals to improve the health of the population as a whole, especially the worse-off. North Staffordshire wants to follow that example. As my hon. Friend says, we have significantly worse health outcomes than either the west midlands or the whole of England and Wales. On the positive side, that means that we can achieve far greater health improvements than other parts of the country, so we are faced not only with a tremendous opportunity, but with a tremendous challenge.

    It is in part owing to my hon. Friend's persistence that we have achieved a health action zone, which affords us exciting opportunities. It will help to break down the cycle of unhealthy life styles, poor health outcomes and low health aspirations that has bedevilled north Staffordshire for too long. It creates exciting possibilities: healthy living centres, schemes to promote community safety and tackle teenage pregnancy and drug abuse, and opportunities to create partnerships across education, the voluntary sector, the business community, social services and local people. However, we in north Staffordshire lack the inspiration, the learning culture and the modern expertise that comes from having a local medical school.

    Located between Birmingham and Manchester, north Staffordshire fails to attract and retain the high-quality health care professionals we need. It is a well-established fact that the majority of medical students will ultimately practise in the locality in which they have trained; therefore, despite the delights of the Staffordshire peak district, our area has become denuded of local GPs and hospital doctors. Today, I spoke to a local GP in Leek, Dr. Shiers, who told me of the vulnerability of market towns such as Leek. Four to five years ago, when general practice was not a popular option for newly qualified doctors, there were only two or three applicants for local vacant posts.

    That does nothing to raise standards of primary health care or to encourage greater collaboration between primary and secondary care. A university medical school at Keele would create positive ripples throughout the whole service, not only in hospitals. Medical students need to experience general practice early in their training if we are to create the proper balance between primary and secondary care—an objective to which I know the Government are committed. The influx of students would have a positive impact on general practice by stimulating new ideas, boosting in-service training and encouraging better communication between local doctors.

    What I find especially attractive about the Keele proposal is that it is based on partnership—building on the expertise of Manchester university while exploiting the underuse by students of north Staffordshire hospitals and community placements. It would benefit from the assured quality of the established and well-tested Manchester curriculum, and make better and more rational use of national health service training facilities. The proposal offers a cost-effective way of training more doctors and meeting the needs of an area that is crying out for greater investment in improving health care.

    10.29 pm

    Does the hon. Lady have the permission of the hon. Member for Stoke-on-Trent, North (Ms Walley) and that of the Minister? I see that she does.

    I wish briefly to sum up, Mr. Deputy Speaker. Essentially, the case for a new medical school at Keele rests on the following factors: the existence of a substantial natural catchment population for major trauma, tertiary and specialist services of about 1.7 million people; the presence of well-developed primary and community services; the substantial range of health and health-related teaching and research activity already existing within the area; the commitment and support of the relevant health authorities and trusts; links with other medical schools, which are extremely strong; and Keele's traditions and strengths, which make it a particularly suitable home for a 21st century medical school.

    10.30 pm

    I congratulate my hon. Friend the Member for Stoke-on-Trent, North (Ms Walley) on obtaining the debate and on providing the opportunity to discuss the provision of additional medical student places in the United Kingdom. I acknowledge the interest of my hon. Friends the Members for Staffordshire, Moorlands (Charlotte Atkins) and for Newcastle-under-Lyme (Mrs. Golding) and thank them for their contributions to the debate. Other hon. Members have been in their places this evening to show, I am sure, support for the bid that has been made by my hon. Friend the Member for Stoke-on-Trent, North.

    I hope that my hon. Friends will understand that, at this stage in the bidding process, I cannot debate the merits of any individual sites for the expansion of medical education. I know that my right hon. Friend the Secretary of State for Health is looking forward to his visit to the area concerned.

    It might be helpful if I set out the background to the plan to increase medical school intake. As my hon. Friend the Member for Stoke-on-Trent, North said, the planned increase was originally a recommendation in the third report of the Medical Workforce Standing Advisory Committee. It reflected its detailed consideration of the overall long-term need for doctors in this country, taking into account the projected demand for health services, the projected numerical losses from the profession as a result of retirement and other factors. The House will note that the committee's remit was with the overall numbers of doctors needed. It was not concerned with the specialties that the new doctors might join after completing their undergraduate training.

    The Government are proud that, following the comprehensive spending review, my right hon. Friend the Secretary of State for Health was, last July, able to tell the House that the intake of students to medical schools in the United Kingdom will increase by about 1,000 places per annum—by 20 per cent.—to about 6,000. This will be the biggest increase in medical education in this country in a generation. Our intention is to ensure that the national health service will have the doctors that it needs in the first part of the new century.

    Statutory responsibility for the allocation of the additional student places to individual universities rests with the appropriate funding council. In England, a joint implementation group, led by the chief executive of the Higher Education Funding Council for England and the permanent secretary of my Department, is working together to allocate places and to make recommendations to the HEFCE.

    Some 158 extra places have already been allocated to existing medical schools in England for the autumn 1999 intake, and work is now well advanced to allocate more than 800 further places to English universities.

    We should be clear why the issue of medical education is so very important. The White Paper "The new NHS" introduced a new concept of clinical governance, which embraces a range of quality assurance processes, such as clinical audit, and acknowledges the importance of continuing professional development and lifelong learning to the delivery of quality patient care in the NHS. The expectations placed upon tomorrow's doctors will be demanding, and their preparation to meet them will begin as soon as they enter medical school.

    In increasing medical student places, we want to set an agenda to drive up the standards of medical education as a whole so as to deliver real long-term benefits to the NHS, following curriculums consistent with the General Medical Council's report entitled "Tomorrow's Doctors", and working towards the principles set out in "The new NHS". That is why we have asked the joint implementation group to observe specific objectives in judging proposals from universities for the allocation of the further places in England. Those objectives reflect the Government's agenda both for the NHS and for a healthier nation.

    The joint implementation group's objectives are, first, to develop new doctors who are equipped to meet the challenge of the changing health and health care needs of patients and populations into the first half of the 21st century. In short, the new doctors must have the right medical and technological skills, and must be adept at dealing with the changing health needs of a new century.

    The second objective is to develop new doctors who are able to practise to a very high standard, through being able to appraise and use evidence, to become lifelong learners, to maintain professional standards and be effective team members and leaders. In the new century, as now, the public will want to know that the doctors whom they consult will be of the best, and that the service that they deliver will be characterised by excellence.

    The pace at which new treatments and clinical techniques are developed means that a doctor's education and professional development cannot end with the completion of specialist or vocational training. This pace of change can only accelerate in the decades ahead. Whatever specialty doctors follow in their careers, they have a duty to maintain and continue to develop their clinical practice throughout their careers. They will continue to learn, so that they remain skilled in, and will apply, the latest knowledge in their work. The country will also rightly expect them to work to the highest professional standards, and to work together within the profession and across professional boundaries.

    The third objective of the joint implementation group is to develop new doctors who are committed to, and skilled in, promoting health, preventing ill health, diagnosing and treating injury and disease, and caring for people with long-term illness and disability. More than ever before, the practice of medicine is about the promotion of health and the prevention of illness and injury, as well as the treatment of injury and disease, and long-term care. That is essential to our strategy for a healthier nation.

    The fourth objective is to develop new doctors who understand the value of partnership and communication with their patients, their colleagues, and members of other professional groups. The best doctors have always worked with their patients and colleagues to ensure the very best outcomes for patients, but the skills to work together in partnership with patients and their families must be a part of the medical curriculum from the beginning.

    The group's fifth objective is to provide a high-quality educational environment in which evaluation and research are fostered and which gives value for money. Medicine is not taught by rote. A high-quality research environment in a university is a major driver to the development of inquiring and innovative doctors who will learn by approaching medical problems.

    The national need for trained doctors who are able to apply rapidly expanding knowledge in the biological and social sciences will remain paramount. To give just one key example, advances in human genetics will bring a revolution to health care in the next century, and the Government recognise the need to strengthen medical education in genetics at all stages of the continuum of training to ensure that tests are used and interpreted appropriately and efficiently. In so rapidly changing a field, a strong research base will be needed to underpin the development of students and their teachers alike.

    As the group considers bids, it seeks to demonstrate an active commitment to the admission of students from a broad range of social and ethnic backgrounds, to reflect the patterns of populations served by the NHS. In increasing the supply of doctors, the joint implementation group wants to ensure that unnecessary and often hidden barriers to a broader mix of gifted medical students are avoided.

    There are already examples of outreach, where universities and others have worked with local schools, often in areas where there has been little tradition of higher education. They have encouraged young people who might never have considered a medical career to work from an early stage of their secondary school careers towards entry to medical school. Such approaches are not simply a matter of promoting equal opportunities, critical though that is. They also help to ensure that new doctors understand, and can best work with, the communities that they serve.

    Finally, the group will ensure that the distribution and patterns of training of students effectively increase the home supply of doctors, and meet the needs of the populations served by the NHS, wherever the doctors may be trained and work. It will seek to enhance quality and value for money through collaboration between universities and partnership with the NHS, consistent with the principle of different groups working together.

    Using those objectives as a benchmark, the joint implementation group will be well placed to judge which universities can best and most cost effectively deliver to this agenda.

    All universities were invited in the new year to submit proposals for the allocation of places. I am delighted that about 20 proposals were submitted to the joint implementation group. These include a number of proposals for collaborations between new and existing medical schools, such as the planned co-operation between the university of Manchester and the university of Keele, to set up medical education facilities on new sites drawing on the curriculums, resources and expertise of the established medical schools. The joint implementation group is now considering all the proposals, and an announcement can be expected reasonably soon.

    It would be quite wrong for me to debate the merits of any of the proposals in this place when they are still being considered. It is clear that the different proposals will be judged on their different qualities. Not least among those will be the likely impact on local health services of establishing new sites for medical education or of increasing the size of existing sites.

    Equally, the joint implementation group will consider the quality of the medical education on offer, and that will include the capacity of the local health services to provide a broad range of suitable clinical placements in primary and secondary care settings which are easily accessible from the university. Also, and fundamentally, the group must judge how the allocation of medical school places will affect the overriding reason for the increase—the development of the right number of appropriately skilled doctors to deliver medical care in the first part of the new century, in the most cost-effective way, for the country as a whole.

    My hon. Friends may be assured that Keele university's proposal to set up a joint medical school with Manchester university, which I understand that they see as a possible first step towards the establishment of a free-standing medical school, will be considered in detail alongside those of other universities and in accordance with the objectives that I have described.

    Hon. Members may be assured of the Government's wish to ensure that the long-term supply of doctors best meets the needs of the country as a whole, wherever the places are situated, and that the underlying principles followed will ensure a quality, cost-effective education—not only for the students filling the additional places now being created, but for all medical students at all universities, consistent with the curricular requirements of "Tomorrow's Doctors" and the broader vision set out in the White Paper "The new NHS".

    Question put and agreed to.

    Adjourned accordingly at eighteen minutes to Eleven o'clock.