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Mr. McDonnell: I echo that question. It would be helpful to have clarification of the weight that will be given
to the mayor's opinion on this matter. From my constituency perspective, I wholeheartedly welcome the amendment, which will give us the opportunity for further debate about the impact of noise on many of our constituents in west London. It will give us a further lever to influence the direction and flow of aircraft and reduce the impact of noise on our communities as a result of that. I hope that it will also allow us to confirm some of the issues that we need to debate in connection with any further planning proposals that the British Airport Authority makes for Heathrow and a potential third runway.
Mr. Brake: I suspect that the same question will be asked three times, so that will save the Minister time. I echo what other hon. Members have said: I am pleased that the impact of noise on those who live and work in Greater London will appear in the ambient noise strategy and that aircraft noise will be included in that. However, the Minister must clarify exactly what he means when he says that any person providing air navigation services must consult the mayor. Residents in south-west London are glad that the mayor will be consulted, but if an increasing number of flights still goes over their heads at all times of the day and night, that will not give them much satisfaction.
Mr. Hill: First, I thank my hon. Friend the Member for Hayes and Harlington (Mr. McDonnell) for welcoming the provisions. I am aware that he is closely concerned with the issues and that a consultation on runway alterations has taken place locally. That is exactly the sort of issue that the mayor and the Assembly would be expected to deal with in due course.
The hon. Members for Witney (Mr. Woodward) and for Carshalton and Wallington (Mr. Brake) asked what force the mayor's opinion will have. The simple truth is that the mayor has no absolute powers in this matter. However, he or she will be an influential person, personally elected by 7 million Londoners. It is therefore entirely predictable and reasonable that the mayor's representations will be seriously taken into account by the relevant authorities. It remains the case, however, that it is an opinion in a process of consultation, and consultation means that views have to be taken into account before a final decision is made.
To some extent, the question is akin to the sort of question that constituents might ask about representations made by Members of Parliament--I am certainly often asked about the force of my representation. We cannot always quantify the force of our representation, but as individuals with a democratic mandate in our locality, we know that our representation is normally taken into account. The mayor represents a massive constituency and has a massive mandate, so his or her opinion will be seriously considered by the relevant authorities.
Lords amendment agreed to.
Lords amendments Nos. 473 to 481 agreed to.
Mr. Raynsford:
I beg to move, That this House agrees with the Lords in the said amendment.
We now come to part X of the Bill, which deals with culture. The purpose of the amendment is to make specific reference to archives in the list of topics that may be included in the draft culture strategy. I would emphasise that the list of topics is purely exemplary and that the addition has no legal significance.
In Committee, the matter was raised by the righthon. Member for Cities of London and Westminster (Mr. Brooke), who made an eloquent plea for the inclusion of the specific reference to archives. I am glad that we are able to respond now. Let me also take this opportunity to apologise to the right hon. Gentleman for inadvertently suggesting in an earlier debate that something was included in a White Paper when it was not. I was incorrect; I apologise unreservedly to the right hon. Gentleman, and once again acknowledge his mastery of the detail of this legislation, which ensured that his original comment was entirely accurate.
It is because of the right hon. Gentleman's intervention that--having taken into account his views and those of others put to us in Committee and elsewhere, and in another place--the Government decided to accept the amendment tabled by the Opposition. The effect will be to insert "archives" on a new line, as a separate sub-heading, under "library services".
Mr. Brooke:
I thank the Minister for his gracious words.
This was always the shortest of all the amendments tabled to the Bill during its progress. Although--partly owing to provocation by the Minister--I spoke at some length when the subject was last debated, I shall be brief on this occasion. The amendment was rejected in Committee here, and in Committee in the Lords. I am delighted that, thanks to the eloquence of my noble Friend Lord Teviot, it was accepted on Report in the Lords, and I am delighted that it is in the Bill now.
I have two reasons for being pleased about that. First, towards the end of my over-long speech, I invoked the spirit of my old friend the late Raphael Samuel. He was a tremendous oral historian: every shelf of his library in Spitalfields was three-deep in books. I think that, in another place--in a really different place, I mean--he may be smiling about what we have achieved today.
Secondly, shortly after the Committee stage, I accepted a request to review Mr. Stephen Inwood's book, "A History of London"--I did not realise that it contained 1,111 pages. In any event, my review closed with the coda that it would be a worthy tribute to Mr. Inwood's book if the Government could be persuaded to incorporate in the Bill the amendments relating to archives. I do not know what Mr. Inwood's views are, but I personally am very pleased.
Lords amendment agreed to.
Lords amendment No. 483 agreed to.
Mr. Raynsford:
I beg to move, That this House agrees with the Lords in the said amendment.
Mr. Deputy Speaker:
With this it will be convenient to discuss Lords amendments Nos. 485 to 488.
Mr. Raynsford:
The overall effect of the amendments is to ensure that the mayor may give both financialand non-financial assistance--subject to conditions--to cultural institutions and tourism in London. The Government consider that that provision improves the Bill. It gives the mayor full discretion to choose in what form to make assistance available, and with what limitations.
Again, I express my gratitude to the Opposition, who first suggested extending the power in respect of cultural institutions, and whose amendments had been accepted, in spirit, by Third Reading.
Lords amendment agreed to.
Lords amendments Nos. 485 to 488 agreed to.
Lords amendment: No. 489, after clause 304, to insert the following new clause--Delegation of Authority's functions--
Mr. Raynsford:
I beg to move, That this House agrees with the Lords in the said amendment.
Lords amendment: No. 482, in page 158, line 39, at end insert--
("( ) archives;")
Lords amendment: No. 484, in page 159, line 18, leave out ("pay grants") and insert
("provide financial or other assistance")
" .--(1) Any function exercisable on behalf of the Authority by the Mayor under or by virtue of this Part shall also be exercisable on behalf of the Authority by any of the bodies or persons specified in subsection (2) below, if or to the extent that the Mayor so authorises, whether generally or specially, and subject to any conditions imposed by the Mayor.
(2) Those bodies and persons are--
(a) the Deputy Mayor;
(b) any member of staff of the Authority;
(c) the Cultural Strategy Group for London;
(d) the London Development Agency;
(e) the Common Council;
(f) any local authority.
(3) In the case of the Common Council or a local authority, an authorisation under this section--
(a) may only be granted or varied with its written consent; and
(b) shall cease to have effect if notice of the withdrawal of that consent is given to the Mayor.
(4) Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by any of the bodies or persons specified in subsection (2) above, that body or person shall discharge the duty in accordance with the authorisation and any conditions imposed by the Mayor under subsection (1) above.
(5) Subsection (4) above is without prejudice to the exercise by the body or person concerned of any power to arrange for the discharge of functions by--
(a) a committee or sub-committee, or a member, officer or employee, of the body or person, or
(b) a joint committee on which the person or body is represented,
except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
(6) Subsection (1) above does not apply--
(a) in relation to functions under this section; or
(b) in relation to any function of making byelaws under section (Byelaws)(1) below.
(7) An authorisation under subsection (1) above which relates to--
(a) any function under section 301 above; or
(b) the exercise of any function under or by virtue of section (Trafalgar Square)(1) or (Parliament Square)(3) below to the extent that it involves a determination as to whether to permit a public demonstration to take place in Trafalgar Square or Parliament Square Garden;
may only be given to the Deputy Mayor or a member of staff of the Authority.
(8) An authorisation under subsection (1) above which relates to any function of enforcing any byelaws made under section (Byelaws)(1) below may only be given--
(a) to the Deputy Mayor,
(b) to any member of staff of the Authority,
(c) to the Common Council,
(d) to any local authority.
(9) Each of the following bodies, namely--
(a) the Cultural Strategy Group for London,
(b) the London Development Agency,
(c) the Common Council,
(d) any local authority,
shall have power to exercise functions on behalf of the Authority in accordance with this section, whether or not they would have power to do so apart from this subsection and irrespective of the nature of the function.
(10) Subsections (3) and (4) of section 101 of the Local Government Act 1972 (delegation of functions to committees, officers etc, and continued exercise by local authority concerned) shall apply in relation to any authorisation under subsection (1) above given by the Mayor--
(a) to a local authority,
(b) to the Cultural Strategy Group for London, or
(c) to the London Development Agency,
as they apply to arrangements under that section between one local authority and another.
(11) An authorisation under this section may be varied or revoked at any time by the Mayor.
(12) Any authorisation under this section, and any variation or revocation of such an authorisation, must be in writing.
(13) In this section--
"Trafalgar Square" has the same meaning as in the Trafalgar Square Act 1844;
"Parliament Square Garden" means the central garden of Parliament Square, within the meaning of section (Parliament Square) below."
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