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Baroness Miller of Hendon: My Lords, I am extremely disappointed with the Minister's answer.

Baroness Farrington of Ribbleton: My Lords, this is Third Reading and I believe that the mover of the amendment--I apologise to the noble Baroness. I hope she will forgive me.

Baroness Miller of Hendon: My Lords, I shall most certainly accept the genteel and charming apology of the noble Baroness, Lady Farrington of Ribbleton. However, I am extraordinarily disappointed with what the Minister said. Of course, I agree with my noble friend who pointed out that we do not particularly like the system. That is the only part on which we differ from the noble Lord, Lord Tope, although we have both come to the same conclusion that, at the end of the day, if only 11 members are definitely and deliberately elected on a London list in order to create a balance, and if that balance changes, something needs to be done about it.

The argument the Minister gave about someone saying nothing but voting another way repeats what the noble Baroness said last time. We do not feel that that is an appropriate answer. I am disappointed that we have a system in which we want a top-up and a balance, as such a situation could happen and there would be no balance. As the Minister thought it

1 Nov 1999 : Column 576

surprising that we should bring back this amendment, and as we have never tested the opinion of the House, we shall do so now.

3.56 p.m.

On Question, Whether the said amendment (No. 3) shall be agreed to?

Their Lordships divided: Contents, 98; Not-Contents, 125 .

Division No. 2

CONTENTS
Abercorn, D.
Addington, L.
Addison, V.
Alexander of Tunis, E.
Anelay of St. Johns, B.
Archer of Weston-Super-Mare, L.
Attlee, E.
Avebury, L.
Bellwin, L.
Brabazon of Tara, L.
Brentford, V.
Bridgeman, V.
Brougham and Vaux, L.
Cadman, L.
Carlisle, E.
Carnegy of Lour, B.
Clancarty, E.
Clement-Jones, L.
Cochrane of Cults, L.
Craig of Radley, L.
Cuckney, L.
Davidson, V.
Denham, L.
Dholakia, L.
Dixon-Smith, L.
Eccles, V.
Eden of Winton, L.
Effingham, E.
Elliott of Morpeth, L.
Ezra, L.
Falkland, V.
Gardner of Parkes, B.
Glentoran, L.
Goodhart, L.
Gray, L.
Grey, E.
Hamwee, B.
Harding of Petherton, L.
Harris of Greenwich, L.
Harris of Richmond, B.
Hooper, B.
Hooson, L.
Howe, E.
Jenkin of Roding, L.
Jopling, L.
Kinnoull, E.
Lauderdale, E.
Lawson of Blaby, L.
Lester of Herne Hill, L.
Liverpool, E.
Luke, L. [Teller]
McNair, L.
Mancroft, L.
Mar and Kellie, E.
Mayhew of Twysden, L.
Mersey, V.
Miller of Hendon, B.
Mills, V.
Monro of Langholm, L.
Monteagle of Brandon, L.
Morris, L.
Mountevans, L.
Mowbray and Stourton, L.
Nunburnholme, L.
O'Cathain, B.
Oxfuird, V.
Pender, L.
Peyton of Yeovil, L.
Rawlings, B.
Razzall, L.
Redesdale, L.
Renton, L.
Roberts of Conwy, L.
Rodgers of Quarry Bank, L.
Rotherwick, L.
Russell, E.
St. Davids, V.
Sandberg, L.
Sandford, L.
Seccombe, B.
Sharp of Guildford, B.
Shaw of Northstead, L.
Smith of Clifton, L.
Strathcarron, L.
Swinfen, L.
Taverne, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thurso, V.
Tope, L. [Teller]
Tordoff, L.
Vivian, L.
Waddington, L.
Wallace of Saltaire, L.
Wigoder, L.
Williams of Crosby, B.
Wise, L.
Young, B.

NOT-CONTENTS
Acton, L.
Ahmed, L.
Allen of Abbeydale, L.
Alli, L.
Amos, B.
Archer of Sandwell, L.
Ashley of Stoke, L.
Ashton of Upholland, B.
Bach, L.
Barnett, L.
Bassam of Brighton, L.
Berkeley, L.
Blackstone, B.
Blease, L.
Borrie, L.
Bragg, L.
Brett, L.
Brightman, L.
Brooke of Alverthorpe, L.
Brookman, L.
Bruce of Donington, L.
Burlison, L.
Carter, L. [Teller]
Chorley, L.
Christopher, L.
Clarke of Hampstead, L.
Cledwyn of Penrhos, L.
Clinton-Davis, L.
Cocks of Hartcliffe, L.
Crawley, B.
David, B.
Davies of Coity, L.
Dean of Thornton-le-Fylde, B.
Desai, L.
Dixon, L.
Donoughue, L.
Dormand of Easington, L.
Elder, L.
Evans of Parkside, L.
Evans of Watford, L.
Falconer of Thoroton, L.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Filkin, L.
Gladwin of Clee, L.
Glanusk, L.
Goldsmith, L.
Goudie, B.
Gould of Potternewton, B.
Grabiner, L.
Graham of Edmonton, L.
Gregson, L.
Grenfell, L.
Hacking, L.
Hardy of Wath, L.
Harris of Haringey, L.
Harrison, L.
Hayman, B.
Hilton of Eggardon, B.
Hogg of Cumbernauld, L.
Hollis of Heigham, B.
Howells of St Davids, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Irvine of Lairg, L. (Lord Chancellor)
Janner of Braunstone, L.
Jay of Paddington, B. (Lord Privy Seal)
Jeger, B.
Jenkins of Putney, L.
Judd, L.
Kennet, L.
Laming, L.
Lea of Crondall, L.
Lipsey, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Longford, E.
Lovell-Davis, L.
McCarthy, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L. [Teller]
Mackenzie of Framwellgate, L.
Mallalieu, B.
Massey of Darwen, B.
Merlyn-Rees, L.
Milner of Leeds, L.
Monkswell, L.
Morris of Manchester, L.
Moyne, L.
Murray of Epping Forest, L.
Northfield, L.
Orme, L.
Peston, L.
Pitkeathley, B.
Plant of Highfield, L.
Ponsonby of Shulbrede, L.
Puttnam, L.
Ramsay of Cartvale, B.
Rendell of Babergh, B.
Richard, L.
Rogers of Riverside, L.
Sainsbury of Turville, L.
Sawyer, L.
Scotland of Asthal, B.
Sefton of Garston, L.
Serota, B.
Shepherd, L.
Shore of Stepney, L.
Simon, V.
Smith of Leigh, L.
Strabolgi, L.
Symons of Vernham Dean, B.
Taylor of Blackburn, L.
Tenby, V.
Thornton, B.
Turner of Camden, B.
Uddin, B.
Varley, L.
Warner, L.
Warwick of Undercliffe, B.
Whitty, L.
Wilkins, B.
Williams of Mostyn, L.

Resolved in the negative, and amendment disagreed to accordingly.

1 Nov 1999 : Column 577

4.5 p.m.

Clause 13 [Failure to attend meetings]

[Amendments Nos. 4 and 5 not moved.]

Baroness Farrington of Ribbleton moved Amendment No. 6:

Page 8, line 32, leave out ("be disqualified from being") and insert ("cease to be").

The noble Baroness said: My Lords, in moving Amendment No. 6, I shall speak also to Amendments Nos. 7, 8 and 129.

1 Nov 1999 : Column 578

These are drafting amendments. The Bill as currently drafted leaves scope for uncertainty in relation to the length of the period for which the mayor is disqualified when he or she fails to attend six consecutive meetings with the assembly, or when he or she is disqualified because of a failure to make election expenses returns or declarations. Amendments Nos. 6, 7 and 8 remove that doubt in relation to attendance at meetings by substituting "ceases to be" for "disqualified". Amendment No. 129 makes it clear that the disqualification is for the period of the election to which the disqualification applies. I beg to move.

On Question, amendment agreed to.

Clause 14 [Declaration of vacancy in certain cases]:

Baroness Farrington of Ribbleton moved Amendment No. 7:

Page 8, line 40, at end insert--
("(bb) ceases to be the Mayor by reason of failure to attend meetings of the Assembly, or").

On Question, amendment agreed to.

Clause 15 [Date of casual vacancy]:

Baroness Farrington of Ribbleton moved Amendment No. 8:

Page 9, line 8, after ("above,") insert ("or
(ii) ceasing to be the Mayor by reason of failure to attend meetings of the Assembly,").

On Question, amendment agreed to.

Clause 21 [Disqualification from being the Mayor or an Assembly member]:

Baroness Farrington of Ribbleton moved Amendment No. 9:

Page 12, line 29, leave out ("85(2A)") and insert ("85A").

The noble Baroness said: My Lords, Amendment No. 9 is a drafting amendment which corrects a typing error in one of the amendments tabled at Report stage. I should like to place on record my gratitude to the noble Lord, Lord Lucas, for drawing it to our attention. I apologise for the confusion that this minor error caused at that time. I beg to move.

On Question, amendment agreed to.

Clause 31 [Limits of the general power]:

Lord Dixon-Smith moved Amendment No. 10:

Page 19, line 32, leave out subsection (8).

The noble Lord said: My Lords, from the Marshalled List Amendment No. 10 appears to be a brief amendment. The Government have already had two occasions when they might have had the good sense to accept this amendment. It was tabled in Committee; it was tabled by the noble Baroness, Lady Hamwee, on Report, when I tested the Government's thinking in a somewhat different direction in relation to the Local Government Act passed in the summer. We return to the subject again today.

There is not much point in trawling over all the arguments that have already been presented. However, it may be worth while reminding ourselves that Clause 30 gives the Greater London Authority, in the shape of the mayor, a general power to promote economic development, wealth creation, social development and improvement in the environment of

1 Nov 1999 : Column 579

London. Clause 31, to which this amendment relates, places limits on that power. Among those limits is the power of the Secretary of State (under Clause 30) to control expenditure. I have no doubt that the Minister will reiterate that, because it is a new power and we do not know how it will work, there should be a power to control it. What a massive vote of confidence in those who have the nerve--because they will need some nerve--to stand for the office of mayor of London!

I say nothing about the selection process in which the party opposite is indulging in order to arrive at a candidate. However, the presence of the subsection indicates an immense vote of no confidence in whoever emerges from that process, whether that person is the ultimate party rebel or the ultimate party hack. The ultimate wrong is that it is also a vote of no confidence in the good sense of the people of London and in the political system in which London will operate.

Those are the reasons why I have retabled the amendment. I beg to move.

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