Tube court threat nearer

Ken Livingstone is strongly against PPP

London Mayor Ken Livingstone may take the government to court "within days" as talks over the future of the tube remain stalled.

It follows a decision by members of Transport for London (TfL) to give Transport Commissioner Bob Kiley the go-ahead to take legal action.

We have put a set of further proposals to the mayor which we think go quite a long way to meeting his concerns

Department of Transport

Mr Kiley, who was appointed by Ken Livingstone, has threatened to seek a judicial review if the government presses ahead with its plans to part-privatise London Underground.

Discussions between Mr Kiley and government ministers are deadlocked and sources suggest he could opt for legal action as early as next week to move the issue forward.

Mr Kiley, backed by the London mayor , has been fighting for a "unified management" structure to control the Tube.

But the government is pressing for a private-public partnership under which responsibility for the tracks, signalling and tunnels would be carved up between three private sector companies.

Legal action

A legal report to a meeting of the TfL board on Thursday suggested the authority would have a good prospect of success if it went to the High Court.

The report also recommended that any legal action be taken urgently.

It is understood that officials from the Department of the Environment, Transport and the Regions (DETR) submitted fresh proposals to Mr Kiley on Wednesday.

But they have been dismissed because they fail to include proposals for a unified management structure.

Discussions between TfL and the DETR are expected to continue over the weekend.

Disappointed

A spokeswoman for the department moved to play down the row.

"The mayor has the power to take legal action but this is not the same as actually doing it.

Mr Kiley is considering legal action

"The mayor has been threatening legal action for some time, so this is not a surprise to us."

She added: "We would be very disappointed if the mayor did take any action that would further delay the business of investing in the Tube and making it better for passengers.

"We have put a set of further proposals to the mayor which we think go quite a long way to meeting his concerns."

The TfL meeting followed an announcement by the Rail, Maritime and Transport Union to ballot its members on a fresh wave of strikes in protest at the government's plans.

Mr Kiley, who oversaw improvements in New York's subway, has called the PPP "prohibitively expensive" for the taxpayer.

The Conservatives have backtracked on their policy of privatising London Underground.

The party has now given its backing to Mr Kiley and his plans for a unified management.