division_name: Greater London Authority Bill - Smoking in London taxis and private hire vehicles
motion: <p>Brought up, and read the First time. 
  <p>
   I beg to move, That the clause be read a Second time.
  <p> 
  
   New clause 7 would exclude the Greater London Authority from rate capping and council tax capping. It would give the GLA the freedom to which local government aspires. The Government have moved some way towards that freedom, but they have not yet given it to local government.
  <p> 
  
   In Committee and on Second Reading, we debated what sort of beast the GLA will be. We had always understood--and it was the Government's position before the election--that London would have regional government. That has shifted over the past two years to citywide government and local government. Ministers have described the GLA in various ways, but it is a creature all to itself. We are not against that, except that we feel that it should be a regional government creature, not a local government creature. However it is defined, it is clearly not the local authority delivering first-tier servicesin London, because there are 33 of those--32 boroughs and the City of London--and they will remain.
  <p> 
  
   If the GLA is to match the aspirations of the people of London, if we want the mayor and the assembly not to disappoint people and if we want the hype that will surround the GLA's election next year to be justified, we must give it as much financial freedom as possible. There were only ever two options for doing that. The first was to allow a variation in the tax that could be collected in London. That power has been given to the Scottish Parliament, although the Labour party has promised that it would not use that power initially. The Welsh Assembly has not been given that power. We argued that London's government should be given tax-varying powers--up or down--but the Government regard that as too great a concession and too great a degree of devolution. No doubt they did not want to lose control of that issue.
  <p> 
  
   
  
   
  
   4 May 1999 : Column 776  
  
  <p>Motion and clause, by leave, withdrawn. 
  <p> 
   Amendments made:  No. 123, in page 67, line 14, leave out 'transport policy' and insert 'policies relating to transport'.
   
  No. 124, in page 67, line 21, leave out subsection (3).-- [Ms  Glenda Jackson.] 
   
  <p>Amendment agreed to .
  <p>Amendment, by leave, withdrawn .
   
  
   <p>
   I beg to move amendment No. 67, in page 104, line 29, leave out clause 199.
  <p> 
      Mr. Deputy Speaker:   
   With this, it will be convenient to discuss the following amendments: No. 66, in clause 239, page 129, line 24, after '(1)', insert
   
  
  <p>Amendment, by leave, withdrawn. 
   <p> 
  (2) For the purposes of this section, "prescribed notice" means a notice or marking of such type and displayed in or on a taxi or private hire vehicle in such manner as the Secretary of State may by order prescribe.
   
  
   
  (3) A passenger who contravenes subsection (1) may be required by the driver to leave a taxi or private hire vehicle and, where the passenger refuses to comply with that requirement, may be removed by the driver or, on the request of the driver, by a constable.
   
  
   
  (4) A person who--
   
  
   
  (a) contravenes subsection (1),
   
  
   
  (b) refuses to comply with a requirement made in accordance with subsection (3), or
   
  
   
  (c) resists lawful removal in accordance with that subsection,
   
  
   
  is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
   
  
   
  (5) Notwithstanding the provisions of any enactment requiring certain hirings to be accepted, it shall be lawful for the driver of a taxi or private hire vehicle bearing a prescribed notice to refuse to carry a passenger who is smoking or carrying lighted tobacco.
   
  
   
  (6) In this section--
   
  
   
  "private hire vehicle" means a vehicle licensed under the Private Hire Vehicles (London) Act 1998; and
   
  
   
  "taxi" means a hackney carriage licensed under section 6 of the Metropolitan Public Carriage Act 1869.'.-- [Mr.  Brake.] 
  <p>Brought up, and read the First time. <p>
   I beg to move, That the clause be read a Second time.
  <p> 
  
   
  
   
  
   4 May 1999 : Column 787  
  
  <p>Question put,  That the clause be read a Second time:--
  <p>The House divided:  Ayes 21, Noes 293.
   