New Clause (Hansard, 8 November 1999)

§ Mr. Raynsford
I beg to move, That this House agrees with the Lords in the said amendment.

§ Mr. Deputy Speaker (Sir Alan Haselhurst)
With this, it will be convenient to take Lords amendments Nos. 490 to 495 and 820.

§ Mr. Raynsford
We have been coming closer to home with the amendments. We now reach Trafalgar square and Parliament square, which are the subject of the amendments. We are considering the amendments 795 together because, although they involve two distinct topics—delegation and the transfer of management responsibilities for Trafalgar and Parliament squares—they are closely related. The amendments cover the transfer from the Secretary of State for Culture, Media and Sport to the GLA of day-to-day responsibility for Trafalgar square and Parliament square. Both squares will remain Crown land.
The mayor will be responsible for the repair and maintenance of the fabric of the squares, including cleaning and lighting, and for regulating their use, with functions such as giving permission for rallies and events in Trafalgar square and the control of trading, which is a controversial and significant issue.
I think there will be general agreement that Trafalgar and Parliament squares are of huge importance to London—and, indeed, to the whole nation. The Government consider that the mayor should have responsibility for them and be able to take the lead in implementing the World Squares for All master-plan project.
Amendment No. 494 gives the GLA the power to make byelaws that will replace the regulations through which the Secretary of State for Culture, Media and Sport currently manages the squares. The mayor will be the confirming authority for the byelaws, through which he or she will be able to exercise new enforcement powers, which the Secretary of State does not have, equivalent to those of Westminster city council—the neighbouring local authority—to control illegal trading in the squares. That will allow the mayor to deal effectively with the long-standing and ever-increasing nuisance caused by illegal traders in Trafalgar square, and to prevent such problems from arising in Parliament square.
The amendments will also give the Secretary of State for Culture, Media and Sport the powers to issue guidelines to ensure the effective care, control, management and regulation of the squares. We intend to issue guidelines initially to reflect current policy for the management of Trafalgar square in particular. That approach recognises the national significance of the squares and provides scope for a policy steer without constraining the mayor's discretion to carry out his or her new responsibilities. The mayor must have regard to such guidelines, but he or she will remain the ultimate arbiter.
It is envisaged that the mayor will make contracts and arrangements with other organisations in respect of most of those functions. For example, officers of Westminster city council could undertake policing functions in the squares, specifically in relation to unlicensed traders. However, decisions on whether a particular public demonstration should take place in the squares are to be taken by the mayor, representing a democratically elected Authority. The Government believe that it is right to ensure that decisions affecting such sensitive matters cannot be delegated.
That brings me to the general powers of delegation for this part of the Bill. Amendment No. 489 largely substitutes for the general power of delegation in respect of part X. The new clause, which will follow clause 304, makes part X largely self-contained in that respect. Its effect is generally to mirror the mayor's other powers of delegation, for example to the deputy mayor and staff of the GLA and to local authorities. However, it removes the possibility of delegating cultural functions to Transport 796 for London. Instead, it adds the essential power for the mayor to delegate to the cultural strategy group for London. That is a consequential, technical amendment.
Apart from the limitations already outlined, the mayor will not be able to delegate the making of byelaws or his or her own decisions on the culture strategy. Delegation of the policing of the squares is also restricted. There are specific provisions requiring delegation to be in writing and, in the case of delegation to a local authority, with its written consent. There are technical subsections ensuring, for example, that the delegates have the requisite powers to accept delegation and to act through committees or staff where appropriate.
Earlier, I inadvertently described the mayor as the confirming authority for the byelaws. In fact, it is the Secretary of State for Culture, Media and Sport. The mayor will make the byelaws, which will be subject to approval by the Secretary of State. I hope that that clarifies the purposes of the amendments. I urge the House to agree with the Lords in them.

§ Mr. Brake
I wholeheartedly support the amendments. One can imagine the disappointment of the mayor if, on election, he or she found that they had no control over two of London's greatest squares. I am certain that one of the first things the mayor will want to do is to get cars out of, and to get pedestrians, bicycles and public transport into, those squares, and to turn them into squares of which we can be proud and which register internationally. The squares could be places where people could walk in relative tranquillity and safety in the middle of London's frenetic bustle. Londoners want more squares, and it will be the mayor's job to deliver them.

§ Mr. Brooke
I join the hon. Member for Carshalton and Wallington (Mr. Brake) in support of the amendments. I enjoyed the Minister's reference to coming "closer to home," and there was a touch of the Monopoly board about his sequence. I can only assume that Parliament square has never appeared on the Monopoly board because it has no residential accommodation—other than that of Madam Speaker. If the procedure is as successful as the Minister was adumbrating, the sooner the mayor takes responsibility for the illegal vendors in the royal parks, the better I shall be pleased. There is nothing that the Bill can do about that, but I join the Minister in the belief that what has been done so far has been thoroughly sensible.

§ Mr. Raynsford
With leave of the House, Madam Speaker. I endorse the views of the right hon. Member for Cities of London and Westminster (Mr. Brooke) and the hon. Member for Carshalton and Wallington (Mr. Brake). It is essential that we carry the improvements forward and make Trafalgar square and Parliament square accessible to pedestrians and a pleasant environment for people to enjoy. That is the objective of the world squares initiative, which we are determined to take forward—the Deputy Prime Minister has given a strong personal commitment to it.
I enjoyed the reference by the right hon. Member for Cities of London and Westminster to the Monopoly board. I hope that, as a consequence of this, neither of us will go to jail. I strongly endorse the amendments.