Memorandum submitted by the London Assembly
(GLA 1)
THE GREATER LONDON AUTHORITY BILL
INTRODUCTION
The London Assembly welcomes this opportunity
to present written evidence to the Public Bill Committee.
This document provides an overview of the Assembly's
positions on the Bill, indicating in particular those areas both
on which it would either support an amendment or is in agreement.
The detailed amendments, along with background notes, have been
provided to some members of the Committee separately but are available
upon request to any member.
The London Assembly welcomes the Government's
stated intention to devolve more powers to the Mayor whilst strengthening
the London Assembly's powers to hold the Mayor effectively to
account. The London Assembly welcomes appropriate devolution of
power, provided effective checks and balances accompany it. The
Assembly therefore supports certain provisions of the Bill, such
as a new power for the Assembly to hold confirmation hearings.
However, the London Assembly believes the Bill
may not achieve some of the Government's stated policy intentions,
and some of the clauses are practically unworkable. In particular,
the Assembly draws the attention of the Public Bill Committee
to two key issues for the Assembly:
The Bill would not allow the Assembly
to set its own budget. Unless this is rectified the Assembly will
not be able to protect its resources.
The Bill provides for changes relating
to the appointment of staff that will constitute a significant
shift in power away from the Assembly when existing arrangements
continue to function well.
The London Assembly also supports the views
of London Councils, that the Mayor's new powers to intervene in
strategic planning applications should be limited to genuinely
strategic applications, and planning decisions must be taken in
a transparent and accountable way.
PART 1GENERAL FUNCTIONS OF THE AUTHORITY
CLAUSE 1PAYMENTS
ON CEASING
TO HOLD
OFFICE AS
MAYOR OR
ASSEMBLY MEMBER
There is currently no provision for the Greater
London Authority to make payments to the Mayor or Assembly Members
when they cease to hold office. This clause will enable the Authority
to make such payments, bringing the GLA into line with the House
of Commons, Scottish Parliament and Welsh Assembly.
The Senior Salaries Review Body advises the
Greater London Authority on remuneration for the Mayor and Assembly
Members. The Senior Salaries Review Body has twice reported that
it considers it appropriate to introduce a severance scheme for
the Mayor and Assembly Members,[1]
on the basis that the roles are full-time and therefore financial
hardship may be suffered when Members cease to hold office.
The London Assembly supports Clause 1 of the Bill.[2]
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CLAUSE 2THE
MAYOR'S
STRATEGIESCONSULTATION
The GLA Act 1999 requires the Mayor to consult the London
Assembly and Functional Bodies on his draft strategies before
releasing them for wider consultation. This Clause will require
the Mayor to have regard to the comments submitted to him by the
Functional Bodies or London Assembly. This will strengthen the
Assembly's role in the development of the Mayor's strategies,
by introducing a greater degree of transparency into the process
by which the Mayor considers the Assembly's comments and makes
decisions on the contents of his strategies.
The London Assembly supports Clause 2 of the Bill.[3]
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CLAUSE 3THE
ASSEMBLYTHE
MAYOR'S
PERIODIC REPORT
TO THE
ASSEMBLY
The GLA Act 1999 requires the Mayor to submit a written report
to the Assembly three working days in advance of each Mayor's
Question Time meeting of the Assembly (the Act requires that there
are 10 such meetings each year). However, the London Assembly
is required by Access to Information legislation to publish formal
agendas and papers five clear working days in advance of a public
meeting. Clause 3 of the Bill would eliminate this anomaly.
The London Assembly supports Clause 3 of the Bill.[4]
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CLAUSE 4CONFIRMATION
HEARINGS ETC
FOR CERTAIN
APPOINTMENTS BY
THE MAYOR
The Bill provides that Mayoral nominees for the following
10 offices will be subject to non-binding `confirmation hearings'
conducted by the London Assembly (within three weeks of being
notified of the Mayor's proposal to fill the position):
Chair[5]
and Deputy Chair[6] of
the Metropolitan Police Authority.
Chair[7]
and Deputy Chair of Transport for London
Chair and Vice Chair of the London Development
Agency
Chair of the London Fire and Emergency Planning
Authority
Chair and Deputy Chair of the London Pension Fund
Authority
Chair of the Culture Strategy Group (known as
the Cultural Consortium)
The process to be followed is set out in Schedule 1 to the
Bill (a new Schedule 4A to the GLA Act 1999). When the Mayor proposes
to make an appointment to any of the offices listed in the Bill,
he will be required to notify the Assembly. The Assembly will
have three weeks within which it could decide to hold a confirmation
hearing and make a recommendation to the Mayor as to whether the
candidate should be appointed. The Assembly's recommendation would
not be bindingthe Mayor could accept or reject it, but
he must notify the Assembly of his decision.
The Assembly supports the principle of confirmation hearings,
and welcomes the Government's proposals. These new powers will
help to mitigate the risk of a Mayor making appointments on some
basis other than merit (for example, political loyalty). The Mayor
will be required publicly to justify his decisions on appointments,
which will make the process transparent and provide opportunities
for London's elected representatives to consider and challenge
the appointments process on behalf of Londoners. This will provide
an important degree of public debate and accountability.
However, if the principle of confirmation hearings is accepted,
then it should apply to all Mayoral appointments. The Bill excludes
a number of Mayoral appointments (ie those to boards or authorities
other than chairmen and deputy chairmen), which ought to be equally
open to scrutiny.
Given that board and / or authority members have voting rights
over the direction and governance of their authorities, there
must be protection against a Mayor who may otherwise appoint unqualified
or otherwise inappropriate individuals to a board or authority
without giving due regard to their expertise, experience, or their
ability to fulfil their functions effectively.
The London Assembly welcomes the new power to hold confirmation hearings in respect of Mayoral appointments to strategic London-wide bodies.[8]
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However, the Assembly would support an amendment to the Bill
to enable the Assembly to hold confirmation hearings in relation
to all Mayoral appointments to the boards of the functional bodies
and other relevant bodies.[9]
The Assembly would also support an amendment to the Bill
to require the Secretary of State to consult the Mayor and Assembly
before making an Order to vary the list of appointments that are
subject to the Assembly's power to hold confirmation hearings.[10]
The GLA Act1999 includes a requirement that the Deputy Mayor
serve as a member of the Metropolitan Police Authority. This requirement
has been retained within the provisions for the Police and Justice
Act 2006. This provision was introduced into the 1999 Act with
the expectation that the Deputy Mayor would be elected as Chair
of the Authority. In practice, this has not been the case, and
the Assembly therefore recommends that the GLA Act be amended
to remove this requirement.
The London Assembly would support an amendment to the Bill to remove the requirement that the Deputy Mayor serve as a member of the Metropolitan Police Authority.[11]
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CLAUSE 5POWER
TO REQUIRE
ATTENDANCE AT
ASSEMBLY MEETINGS:
TIME LIMITS
This GLA Act 1999 provides the Assembly with powers to summons
people who have had a relevant interest or position relating to
the GLA Group. The current time limit on this power is three years;
this Clause would extend the time limit to eight years. Given
the long-term nature of many of the activities of the GLA Group,
this new time limit will increase the Assembly's ability to hold
the executive to account for its policies, administration and
expenditure over an appropriate period of time.
The London Assembly supports Clause 5 of the Bill.[12]
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CLAUSE 6ANNUAL
REPORT BY
THE ASSEMBLY
The Assembly is not currently required to produce an annual
report. In practice, the Mayor's annual report has included a
section outlining the role and achievements of the Assembly. This
Clause would require the Assembly to produce its own annual report.
The Assembly welcomes this requirement, as it will enable the
Assembly to prepare its own account of its activities and achievements.
The London Assembly supports Clause 6 of the Bill.[13]
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CLAUSES 7 TO
11STAFF APPOINTED
UNDER SECTION
67(2) OF THE
GLA ACT 1999
The Greater London Authority Act 1999 provides that the London
Assembly is responsible for appointing staff to the Authority.
This includes setting the staff establishment, agreeing staffing-related
policies and procedures, and appointing staff.
In practice, Assembly Members are not involved directly in
the appointment of staff other than to senior posts within the
Secretariat, the statutory officers, and director-level appointments
across the rest of the Authority.
This highlights an important distinctionnamely that
which exists in respect of the staffing establishment (the creation
and deletion of positions) and then the appointment of staff (the
filling of the posts that have already been created on the staff
establishment).
The Bill would transfer responsibility both for creating
and deleting posts, and appointing staff to those posts, from
the London Assembly to the Greater London Authority's Head of
Paid Service.
The majority of the Assembly believes that the proposal to
transfer the power to create and delete posts from the Assembly
to the Head of Paid Service represents a fundamental shift in
the balance of powers between the Mayor and the Assembly. It would
remove a key element of the Assembly's ability to act as a check
on the Mayor as put in place by the Greater London Authority Act
1999. Furthermore, the evidence shows that the current arrangements
have worked well and the majority of the Assembly sees no reason
to change them.[14]
The Assembly therefore recommends that the Bill be amended
so that responsibility for appointing staff and creating and /
or deleting posts remains with the Assembly. This would preserve
the balance of power between the Mayor (who has overall control
of the Authority's budgets) and the Assembly (which has responsibility
for the Authority's staff), and would enable the Assembly to act
as an effective check on the Mayor.[15]
If staffing powers are transferred to the Head of Paid Service,
the Assembly would recommend that the following safeguards be
put in place through amendments to the Bill:
The Head of Paid Service must be placed under
a statutory duty to consult the London Assembly and the Mayor
in advance of any decision in relation to the creation and deletion
of posts within the Authority's staffing establishment. This would
ensure that the Head of Paid Service has regard to the views of
the Mayor and Assembly and is accountable to them for his decisions.
It would also (as a result of the Assembly's duties to conduct
its business in public) ensure that the current degree of transparency
in decision-making about staffing policies and procedures, and
the size and functions of the establishment, is retained.
The Head of Paid Service should not be allowed
to delegate his powers relating to the creation and deletion of
posts in the Authority. The power to delegate these powers could
result in a diffusion of responsibility and accountability, as
well as potentially making the decision-making process less transparent.
The London Assembly would support an amendment to the Bill so that the Assembly remains responsible for staffing matters within the Authority.[16]
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If responsibility for staffing issues is transferred to the
Head of Paid Service, the Assembly would support an amendment
to the Bill to ensure that safeguards be put in place in order
to secure an appropriate level transparency and accountability
in the exercise of those functions.[17]
The Assembly would also support an amendment to the Bill
to ensure that the Head of Paid Service be not empowered to delegate
the power to create and delete posts.[18]
The London Assembly supports the proposal that the Mayor
and Assembly jointly appoint the Authority's Head of Paid Service,
Chief Finance Officer and Monitoring Officer.
CLAUSES 12 TO
15SEPARATE COMPONENT
BUDGETS FOR
THE ASSEMBLY
AND MAYOR
The Assembly's budget is currently part of the Mayor's budget
for the GLA. The Assembly can amend the total GLA budget by a
two-thirds majority, but does not have powers to amend the Mayor's
proposals line-by-line; consequently it cannot specifically amend
the Assembly element of the Greater London Authority budget. The
Assembly is therefore vulnerable to a Mayor making excessive cuts
to its resources, which could limit its ability to fulfil its
statutory functions of holding the Mayor to account and investigating
issues of importance to Londoners.
The purpose of Clause 12 is to provide the Assembly with
the ability to set its own budget. This would in principle bring
the Assembly into line with Westminster, the Welsh Assembly, and
the Scottish Parliament.
There are four problems which, added together, mean that
the provisions of the Bill would not in practice give effect to
the Government's stated policy intention:
1. The proposed process conflates the Assembly's role
in scrutinising the Mayor's budget for the whole GLA Group (some
£10 billion) with the Assembly's role in determining its
own resource requirements.
2. The power to amend the Mayor's proposed budget for
the Assembly by a two-thirds majority would in effect enable nine
out of 25 Members to decide whether or not the Mayor's proposed
budget for the Assembly should be amended (17 out of the 25 Members
would need to vote for an amendment in order for it to be agreed).
As a result, the Mayor and a minority of Assembly Members could
together set the Assembly's budget. This clearly does not serve
the Government's policy intention of enabling the Assembly to
set, or even to protect, its own budget. The Mayor of London told
the Assembly on 13 December 2006 that he did not consider he should
`have anything to do with' the Assembly's budget.
3. The Bill includes complex formulas that would be used
to determine an upper limit (a `ceiling') to the Assembly's ability
to amend the Mayor's proposed budget for the Assembly. But it
sets no floor, or lower limit, to the Mayor's ability to propose
cuts to the Assembly's budget. As a result, the Assembly will
have no meaningful protection should the Mayor propose unreasonable
cuts to its budget, either in one single year or cumulatively
over a period of time.
4. The Bill contains no provision for the Assembly to
determine the allocation of resources within its overall budgetinstead
the Mayor could make this decision (for example by deciding the
level of resource to be granted to each of the Assembly's party
Groups and/or to determine the level of the Assembly's budget
to support its programme of scrutiny work).
The London Assembly supports the Government's intention to enable the Assembly to set its own budget. However, the majority of the Assembly believes that the Bill would not effectively fulfil this intention.
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The London Assembly would support an amendment to the Bill
to enable the Assembly to set its own budget by a simple majority
vote. Without such amendment, the Assembly will have almost no
more power than it currently holds to set and allocate its own
resources, and will have scant protection against a future Mayor
who may wish to cut its resources and prevent it from being able
to hold the Mayor to account.[19]
In order for the Assembly's access to appropriate resources
to be properly protected, a `floor' should be applied to the Mayor's
budget proposals for the Assembly, so that the Mayor cannot propose
to reduce the Assembly's budget beyond a lower limit.[20]
The Assembly would support an amendment to the Bill to make
specific provision for it to allocate resources within its budget.[21]
The London Assembly is the statutory sponsor of the London
Transport Users' Committee, the passenger watchdog for London.
The London Transport Users' Committee is a separate entity with
separate statutory functions, but its budget is included within
the Assembly budget. If there was an increased or decreased resource
requirement for the London Transport Users' Committee, this could
affect the Assembly's overall budget requirement. The Assembly's
access to resources should not be adversely affected by an increased
budget for the London Transport Users' Committee resulting from
a change to its statutory functions, because such changes are
beyond the control of the Assembly.
The London Assembly would support an amendment to the Bill to require the chief finance officer to treat the London Transport Users' Committee's budget requirements as separate from the London Assembly's budget requirements for the purposes of making the Assembly's budget requirement calculations.[22]
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CLAUSE 16EXERCISE
OF THE
MAYOR'S
FUNCTIONS WHEN
TEMPORARILY UNABLE
TO ACT
The GLA Act 1999 provides that in the event of the Mayor
being temporarily unable to act, the Assembly would set the budget
for the GLA Group. The Bill will amend the GLA Act 1999 in order
to provide for the Deputy Mayor to set the budget for the GLA
Group if the Mayor is temporarily unable to act. This will remove
an anomaly in the GLA Act 1999, and has the unanimous support
of the Assembly.
The London Assembly supports Clause 16 of the Bill insofar as it provides for the Deputy Mayor to set the budget for the GLA Group if the Mayor is temporarily unable to act.[23]
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CLAUSES 17 TO
20TRANSPORT FOR
LONDON AND
THE LONDON
DEVELOPMENT AGENCY
Clause 17 of the Bill makes a minor amendment to the GLA
Act 1999 to require any order made by Statutory Instrument to
be given in writing. The Assembly has no objection to this clause.
Clause 18 will allow political representatives to be appointed
to Transport for London. The Assembly can see no reason why political
representatives should not be eligible to serve on the Board of
Transport for London, and therefore the Assembly supports this
clause.
Clause 19 of the Bill will enable any Assembly Member who
is appointed as Chairman or Deputy Chairman of the Board of Transport
for London to be paid remuneration and allowances. Clause 20 would
enable the London Development Agency to pay remuneration and allowances
to any Assembly Member who is appointed as Chairman or Deputy
Chairman of the Agency. This is in accordance with the recommendation
from the Senior Salaries Review Body in relation to the Chairs
of the London Fire and Emergency Planning Authority and the Metropolitan
Police Authority, that an Assembly Member who is Chair of either
of those authorities should be paid an additional allowance of
£17,500 per year, subject to legislation being amended to
allow it.[24]
The London Assembly supports Clauses 17 and 18 of the Bill.[25]
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The Assembly supports Clauses 19 and 20 of the Bill.[26]
CLAUSES 21 TO
24HEALTH
Clause 21 provides for new statutory posts of Health Adviser
and Deputy Health Adviser to the Authority, and Clause 22 places
a new duty on the Mayor to produce a health inequalities strategy.
Clause 23 places a new duty upon the Mayor to have regard to health
inequalities in London and promote the reduction of health inequalities
in London, in addition to the Authority's other general powers
and duties (relating to health and sustainable development). The
Assembly supports these provisions, and welcomes the fact that
the new health inequalities strategy will be subject to the GLA
1999 relating to the requirements to consult the Assembly and
other relevant bodies on the draft strategy.
The London Assembly supports Clauses 21 to 24 of the Bill.[27]
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CLAUSES 25 TO
27LONDON FIRE
AND EMERGENCY
PLANNING AUTHORITY
Clause 25 of the Bill will allow the Mayor to appoint two
members of the London Fire and Emergency Planning Authority.
Clause 26 enables the London Fire and Emergency Planning
Authority to remunerate any Assembly Member who is appointed chairman
or vice-chairman of the Authority. This is line with the recommendation
of the Senior Salaries Review Body in relation to the Chairs of
the London Fire and Emergency Planning Authority and the Metropolitan
Police Authority, that an Assembly Member who is Chair of either
of those authorities should be paid an additional allowance of
£17,500 per year, subject to legislation being amended to
allow it.[28]
Clause 27 will enable the Mayor to issue directions and guidance
to the London Fire and Emergency Planning Authority. The London
Assembly would support an amendment to clause 27 of the Bill be
amended in order to ensure that, if the Mayor is granted a power
of Direction over LFEPA, the Assembly be given a corresponding
power to 'call in` a decision by the Mayor to issue any such Direction.
The London Assembly supports clauses 25 and 26 of the Bill.[29]
The London Assembly would support an amendment to the Bill
to ensure that, if the Mayor is granted a power of Direction over
LFEPA, the Assembly be given a corresponding power to 'call in`
a decision by the Mayor to issue any such Direction.[30]
The London Assembly is also of the view that it should be
given a power to 'call in` any decision by the Mayor to issue
a Direction (to any body).
The Mayor currently has powers to direct Transport for London
and the London Development Agency to take actions in support of
his policies.
The purpose of the Mayor being provided with a power to direct
a functional body is to require the body to take a particular
course of action. The use of this power in any given instance
could seem to indicate that there was a lack of majority support
on that authority for that course of action (otherwise the body
could take the decision itself without the need for a formal direction
from the Mayor). The use of directions is therefore an exception
to the norm.
It is noted that, as in the case of recent Mayoral direction
given to TfL and the LDA in respect of the Olympics, that there
may be times that Mayoral direction is given in order to ensure
overall co-ordination within the GLA. In such circumstances, it
is not envisaged that any (time-limited) Assembly review of the
proposed direction would lead to significant delay.
Effective accountability relies upon two strands of work:
(a) scrutinising the systems that are in place for the normal
course of business, and (b) scrutinising actions taken outside
the normal course of business. If the Mayor is given the power
to issue direction to LFEPA, then in order for the Assembly to
fulfil both of these roles, it should have the right to `call
in' directions given by the Mayor to the Functional Bodies. This
requires the Mayor to inform the Assembly when he gives a direction
to a Functional Body, before the direction takes effect. The Assembly
would then have the opportunity to question the Mayor about the
direction and comment on it within a defined period of time. The
advantages of this process are that it ensures that Mayoral directions
are reported publicly, so that the electorate has access to information
about the actions taken by the Mayor on its behalf. It would also
enable the Assembly effectively to hold the Mayor to account for
his actions, by questioning him publicly about the circumstances
giving rise to the direction.
The London Assembly would support an amendment to the Bill to ensure that any existing power of Mayoral direction be accompanied by a power for the Assembly to `call-in' for review any decision by the Mayor to issue a Direction to a relevant body.[31]
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CLAUSE 28HOUSING
Clause 28 will require the Mayor to produce a London Housing
strategy, and give the Mayor the power to make recommendations
as to the amount and allocation of the London housing grant. The
Assembly supports this Clause of the Bill, and welcomes the fact
that the strategy will be subject to the requirements set out
in the GLA Act 1999, that the Mayor consult the Assembly and other
stakeholders on the draft strategy.
The London Assembly supports Clause 28 of the Bill.[32]
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CLAUSES 29 TO
35PLANNING
Clauses 29 to 35 will give the Mayor increased powers in
relation to strategic planning policy and decisions in London.
The London Assembly supports the position of London Councils
(as set out in its evidence to this Committee) in relation to
these clauses, as articulated in London Councils' response to
the Government's consultation on changes to the Mayor of London
Order 2000.[33] Along
with London Councils, the Assembly does not support any expansion
of the Mayor's planning powers.[34]
However, if the Mayor's powers are to be expanded, then two key
issues must be addressed:
1. Any expansion of powers for the Mayor must apply strictly
and only to planning schemes and applications that are genuinely
strategic rather than representing an extraction of powers from
London Boroughs. (The definition of strategic will be set out
in Regulations rather than on the face of the GLA Bill.)
2. There must be greater transparency as a result of the
Mayor's increased involvement in planning applications.
Along with London Councils, the London Assembly does not support any extension of the Mayor's planning powers.[35] However, if the Mayor's planning powers were extended, then the Assembly would support an amendment to the Bill to ensure that the Mayor is only able to intervene in genuinely strategic planning matters, and to require him to make decisions in a transparent and accountable way.[36]
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CLAUSES 36 AND
37WASTE
These Clauses introduce a requirement for local waste authorities
to act in general conformity with the Mayor's waste strategy for
London, and a requirement that waste collection authorities give
notice of any intention to award a waste contract.
The London Assembly supports Clauses 36 and 37 of the Bill.[37]
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Single Waste Authority for London
The London Assembly is mindful of diverse views amongst stakeholders
as to the best solution for London's waste management and waste
planning and, more particularly, of the general views expressed
by London boroughs through London Councils (and previously the
Association of London Government). The Assembly does not support
the extraction of powers from local authorities upwards, either
to London-wide or central government, as service delivery should
remain the responsibility of the boroughs. However, it is acknowledged
that exceptions could arise in cases where there is a strategic
need. It is thought that such a strategic need exists in respect
of waste management and waste planning in London.
As the GLA is London's strategic government, and in order
to avoid the confusion that may arise from the establishment of
a second, separate London-wide strategic authority, if a single
waste authority were created the Assembly sees merit in it being
part of the GLA Group (as a new functional body), but only on
the basis that its governance arrangements and decision-making
powers fully reflect and respect the boroughs' primary role as
service delivery agents.
Any organisational changes in this area must be accompanied
by an appropriate extension of the current checks and balances
to ensure the accountability of the Mayor to the Assembly.[38]
CLAUSES 38 TO
40CLIMATE CHANGE
These clauses place a duty on the Mayor to produce a climate
change mitigation and energy strategy for London and an adaptation
to climate change strategy for London. They also place a duty
on the Mayor and Assembly to address climate change, so far as
relating to Greater London. The London Assembly supports these
clauses.
However, when the then Office of the Deputy Prime Minister
consulted on the review of the powers of the Mayor and London
Assembly, it was proposed that the Mayor should also be required
to produce a water strategy for London, addressing water supply
and usage. There is a strong case for the Mayor to have strategic
powers in relation to water supply and usage in London, given
the significance of the issues facing the city, and given the
Mayor's duties in relation to the environment, sustainable development,
and climate change. The Assembly supports this proposal and wishes
to see it reflected in the GLA Bill. This would enable the Mayor
to address climate change and other sustainability issues more
comprehensively; without any strategic powers in relation to water,
the Mayor's powers to address climate change and sustainable development
will be limited.
Any new requirement for the Mayor to produce a water strategy
for London should be subject to the provisions of the GLA 1999
relating to the consultation requirements and the Assembly's powers
of scrutiny.
The London Assembly supports clauses 38 to 40 of the Bill.[39]
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The London Assembly would support an amendment to the Bill
to include a requirement that the Mayor produce a statutory water
strategy for London which would require other relevant authorities
to act in general conformity with its provisions and which would
be subject to the Assembly's scrutiny powers.[40]
CLAUSES 41 TO
47CULTURE, MEDIA
AND SPORT
Clauses 41 to 45 and Clause 47 of the Bill transfer responsibility
for appointing the board of governors to the Museum of London
from the Prime Minister to the Mayor, and transfers responsibility
for financing the Museum of London jointly to the Greater London
Authority and the Corporation of London. The Assembly supports
these provisions, provided that the Mayor's appointments are subject
to the Assembly's new powers to hold confirmation hearings and
provided that the Museum of London is subject to the Assembly's
scrutiny powers.
Clause 46 puts in place revised consultation requirements
in relation to the Mayor's culture strategy.
The Assembly supports Clauses 41 to 47 of the Bill, subject to the Assembly having appropriate powers to hold the Mayor to account for his decisions and actions in relation to the Museum of London.[41]
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CLAUSE 48COMMON
PROVISION OF
ADMINISTRATIVE, PROFESSIONAL
AND TECHNICAL
SERVICES
Clause 49 will enable constituent bodies of the GLA Group
to share or jointly commission administrative, professional and
technical services (such as human resources, information technology,
facilities management services etc.). The London Assembly supports
the principle behind these provisionsthat there may be
efficiencies to be gained by sharing services within the GLA Group.
The Assembly welcomes the requirement that the Mayor consult the
Assembly before making a decision under these provisions, as this
will ensure that decisions are made in a transparent way and provide
appropriate opportunities for pre-decision scrutiny and challenge.
This in turn will help to ensure that any decisions made under
these provisions are robust and likely to result in efficiency
gains without loss of effectiveness.
However, the Assembly is concerned to ensure that it is not
denied access to resources currently shared by the Mayor and Assembly
(such services are not covered by the Bill's provisions to enable
the Assembly to set its own budget). In order to mitigate this
risk, the Assembly recommends that the Bill be amended to include
a specific requirement that the Mayor ensure that the Assembly
and its Secretariat continue to be provided with adequate access
to and support from any shared services within the Greater London
Authority Group.
The London Assembly supports Clause 48 of the Bill. However, the Assembly would support an amendment to the Bill to include an explicit requirement that the Mayor protect and preserve the Assembly's access to and support from any shared services within the GLA Group.[42]
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SUMMARY OF LONDON ASSEMBLY VIEWS ON THE GLA BILL
Clause | Assembly view
|
1 | The London Assembly supports Clause 1 of the Bill.[43]
|
2 | The London Assembly supports Clause 2 of the Bill.[44]
|
3 | The London Assembly supports Clause 3 of the Bill.[45]
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4 | The London Assembly welcomes the new power to hold confirmation hearings in respect of Mayoral appointments to strategic London-wide bodies.[46]
|
| However, the Assembly recommends that the Bill be amended to enable the Assembly to hold confirmation hearings in relation to any Mayoral appointment (apart from appointments of staff of the Authority made under S. 67(1) of the GLA Act 1999).[47]
|
| The Assembly recommends that the Bill be amended to require the Secretary of State to consult the Mayor and Assembly before making an Order to vary the list of appointments that are subject to the Assembly's power to hold confirmation hearings.[48]
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| The London Assembly recommends that the GLA Bill be amended to remove the requirement that the Deputy Mayor serve as a member of the Metropolitan Police Authority.[49]
|
5 | The London Assembly supports Clause 5 of the Bill.[50]
|
6 | The London Assembly supports Clause 6 of the Bill.[51]
|
7 to 11 | The London Assembly recommends that the Bill be amended so that the Assembly remains responsible for staffing matters within the Authority.[52]
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| If responsibility for staffing issues is transferred to the Head of Paid Service, the Assembly would recommend that safeguards be put in place in order to ensure transparency and accountability in the exercise of those functions.[53]
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| The Head of Paid Service should not be empowered to delegate the power to create and delete posts.[54]
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12 to 15 | The London Assembly supports the Government's intention to enable the Assembly to set its own budget. However, the majority of the Assembly believes that the Bill would not effectively fulfil this intention.
|
| The London Assembly recommends that the Bill be amended to enable the Assembly to set its own budget by a simple majority vote. Without such amendment, the Assembly will have almost no more power than it currently holds to set and allocate its own resources, and will have scant protection against a future Mayor who may wish to cut its resources and prevent it from being able to hold the Mayor to account.[55]
|
| In order for the Assembly's access to appropriate resources to be properly protected, a `floor' should be applied to the Mayor's budget proposals for the Assembly, so that the Mayor cannot propose to reduce the Assembly's budget beyond a lower limit.[56]
|
| The Assembly recommends that the Bill be amended to make specific provision for it to allocate resources within its budget.[57]
|
| The Assembly recommends that the Bill be amended to require the chief finance officer to treat the London Transport Users' Committee's budget requirements as separate from the London Assembly's budget requirements for the purposes of giving directions on the Assembly's budget requirement calculations.[58]
|
16 | The London Assembly supports Clause 16 of the Bill insofar as it provides for the Deputy Mayor to set the budget for the GLA Group if the Mayor is temporarily unable to act.[59]
|
| The Assembly recommends that the Bill be amended to remove the restriction on the Assembly's ability to fulfil functions relating to the budget in the event that both the Mayor and Deputy Mayor are unable to act, or the Deputy Mayor indicates that he does not wish to fulfil those functions.[60]
|
17 and 18 | The London Assembly supports Clauses 17 and 18 of the Bill.[61]
|
19 and 20 | The Assembly supports Clauses 19 and 20 of the Bill.[62]
|
21 to 24 | The London Assembly supports Clauses 21 to 24 of the Bill.[63]
|
25 to 27 | The London Assembly supports clauses 25 to 27 of the Bill.[64]
|
28 | The London Assembly supports Clause 28 of the Bill.[65]
|
29 to 35 | Along with London Councils, the London Assembly does not support any extension of the Mayor's planning powers.[66] However, if the Mayor's planning powers are to be extended, then the Bill should be amended to ensure that he is only able to intervene in genuinely strategic planning matters, and to require him to make decisions in a transparent and accountable way.[67]
|
36 and 37 | The London Assembly supports Clauses 36 and 37 of the Bill.[68]
|
38 to 40 | The London Assembly supports clauses 38 to 40 of the Bill.[69]
|
| However, the Assembly recommends that the Bill be amended to include a requirement that the Mayor produce a water strategy for London which would require other relevant authorities to act in general conformity with its provisions and which would be subject to the Assembly's scrutiny powers.[70]
|
41 to 47 | The Assembly supports Clauses 41 to 47 of the Bill, subject to the Assembly having appropriate powers to hold the Mayor to account for his decisions and actions in relation to the Museum of London.[71]
|
48 | The London Assembly supports Clause 48 of the Bill. However, the Assembly recommends that the Bill be amended to include an explicit requirement that the Head of Paid Service protect and preserve the Assembly's access to and support from any shared services within the GLA Group.[72]
|
January 2007 | |
1
Senior Salaries Review Body, Report No. 61, `Greater London Authority:
Review of pay, expenses and severance arrangements for the Mayor
of London and London Assembly Members 2005', page 10, recommendation
8. Back
2
This is the majority view of the London Assembly, as supported
by the Conservative, Green, Labour and Liberal Democrat groups. Back
3
The Assembly agreed this view without objection. Back
4
This reflects the unanimous view of the Assembly. Back
5
This would not apply if the Mayor appointed him/herself to this
office. Back
6
It should be noted that the Police and Justice Act 2006, given
assent in November 2006, now allows the Secretary of State to
make the arrangements, by Order, for the appointment of these
offices. The Order is very likely, when published, to permit the
Mayor of London to make these appointments. Back
7
This would not apply if the Mayor appointed him/herself to this
office. Back
8
This reflects the unanimous view of the Assembly. Back
9
This reflects the unanimous view of the Assembly. Back
10
This reflects the unanimous view of the Assembly. Back
11
This reflects the unanimous view of the Assembly. Back
12
This reflects the unanimous view of the Assembly. Back
13
This reflects the unanimous view of the Assembly. Back
14
This reflects the majority position of the Assembly, supported
by the Conservative, Green, Liberal Democrat and One London Groups. Back
15
This reflects the majority position of the Assembly, supported
by the Conservative, Green, Liberal Democrat and One London Groups. Back
16
This reflects the majority position of the Assembly, supported
by the Conservative, Green, Liberal Democrat and One London Groups. Back
17
This is the unanimous position of the Assembly. Back
18
This is the majority position of the Assembly, supported by the
Conservative, Green, Liberal Democrat and One London Groups. Back
19
This reflects the majority view of the London Assembly, as supported
by the Conservative, Green, Liberal Democrat and One London Groups. Back
20
This reflects the unanimous view of the London Assembly. Back
21
The Assembly agreed this position without objection. Back
22
This reflects the unanimous view of the Assembly. Back
23
The Assembly agreed this position without objection. Back
24
Senior Salaries Review Body, Report No. 61, `Greater London Authority:
Review of pay, expenses, pensions and severance arrangements for
the Mayor of London and London Assembly Members 2005, page 5 Recommendation
2. Back
25
This reflects the unanimous view of the Assembly. Back
26
The Assembly agreed this position without objection. Back
27
This reflects the unanimous view of the Assembly. Back
28
Senior Salaries Review Body, Report No. 61, `Greater London Authority:
Review of pay, expenses, pensions and severance arrangements for
the Mayor of London and London Assembly Members 2005, page 5 Recommendation
2. Back
29
The Assembly agreed this position without objection. Back
30
The Assembly agreed this position without objection. Back
31
This reflects the majority view of the London Assembly, as supported
by the Conservative, Green and Liberal Democrat Groups (as agreed
at the Assembly meeting on 24 February 2006 in consideration of
the Assembly's response to the original ODPM consultation paper
on the Review of Powers of the Mayor of London and London Assembly). Back
32
The Assembly agreed this position without objection. Back
33
The London Councils Response to the Consultation on changes to
the Mayor of London Order 2000 can be found at http://www.londoncouncils.gov.uk/doc.asp?doc=18669&cat=980 Back
34
This is the majority view of the Assembly, as supported by the
Conservative, Green, Liberal Democrat and One London Groups. Back
35
This is the majority view of the Assembly, as supported by the
Conservative, Green, Liberal Democrat and One London Groups. Back
36
The Assembly agreed this position without objection. Back
37
The Assembly agreed this position without objection. Back
38
This reflects the majority view of the London Assembly, as supported
by the Conservative, Green and Liberal Democrat Groups (as agreed
at the Assembly meeting on 24 February 2006 in consideration of
the Assembly's response to the original ODPM consultation paper
on the Review of Powers of the Mayor of London and London Assembly). Back
39
This reflects the majority view of the Assembly, as supported
by the Conservative, Green, Labour and Liberal Democrat Groups. Back
40
This reflects the majority view of the Assembly, as supported
by the Conservative, Green, Labour and Liberal Democrat Groups. Back
41
This reflects the majority view of the Assembly, supported by
the Conservative, Green, Labour and Liberal Democrat Groups. Back
42
This reflects the unanimous view of the Assembly. Back
43
This is the majority view of the London Assembly, as supported
by the Conservative, Green, Labour and Liberal Democrat groups. Back
44
This view was agreed without objection by the Assembly. Back
45
This reflects the unanimous view of the Assembly. Back
46
This reflects the unanimous view of the Assembly. Back
47
This reflects the unanimous view of the Assembly. Back
48
This reflects the unanimous view of the Assembly. Back
49
This reflects the unanimous view of the Assembly. Back
50
This reflects the unanimous view of the Assembly. Back
51
This reflects the unanimous view of the Assembly. Back
52
This reflects the majority position of the Assembly, supported
by the Conservative, Green, Liberal Democrat and One London Groups. Back
53
This is the unanimous position of the Assembly. Back
54
This reflects the majority view of the London Assembly, as supported
by the Conservative, Green, Liberal Democrat and London Groups. Back
55
This reflects the majority view of the London Assembly, as supported
by the Conservative, Green, Liberal Democrat and One London Groups. Back
56
This reflects the unanimous view of the London Assembly. Back
57
This position was agreed without objection by the Assembly. Back
58
This reflects the unanimous view of the Assembly. Back
59
This position was agreed without objection by the Assembly. Back
60
This reflects the majority view of the Assembly, as supported
by the Conservative, Green, Liberal Democrat and One London Groups. Back
61
This reflects the unanimous view of the Assembly. Back
62
This position was agreed without objection by the Assembly. Back
63
This reflects the unanimous view of the Assembly. Back
64
This position was agreed without objection by the Assembly. Back
65
This position was agreed without objection by the Assembly. Back
66
This is the majority view of the Assembly, as supported by the
Conservative, Green, Liberal Democrat and One London Groups. Back
67
This position was agreed without objection by the Assembly. Back
68
This position was agreed without objection by the Assembly. Back
69
This reflects the majority view of the Assembly, as supported
by the Conservative, Green, Labour and Liberal Democrat groups. Back
70
This reflects the majority view of the Assembly, as supported
by the Conservative, Green, Labour and Liberal Democrat groups. Back
71
This reflects the majority view of the Assembly, supported by
the Conservative, Green, Labour and Liberal Democrat groups. Back
72
This reflects the unanimous view of the Assembly. Back
|