Legal challenge to Tube plans

The future structure of the Tube is still unknown

London Transport Commissioner Bob Kiley has taken "the first steps" towards taking the government to court over its plans for the Tube.

Mr Kiley said letters would be sent out "immediately" informing government officials of his plans to challenge their Tube proposals in court.

I believe Bob Kiley has the overwhelming backing of Londoners to take whatever action he feels is appropriate

Ken Livingstone

The transport supremo, who was appointed by London Mayor Ken Livingstone, said negotiations with the government had broken down and he was launching legal action "with regret".

A spokesman for Deputy Prime Minister John Prescott said the government would now continue to develop its plans to increase long-term investment in the underground to give Londoners the service they deserved.

But Mr Kiley said the government's plans to part-privatise the Tube were "flawed", because they would undermine safety.

He hoped to make a formal application to the High Court for a judicial review of the PPP "quite quickly".

But he added that his door remained open if the government wished to restart negotations.

Unified management

The commissioner has demanded unified management, control of maintenance and control of refurbishment on the Tube.

Under the government's plans, responsibility for tracks, signalling and tunnels would be carved up between three private sector companies.

Mr Kiley said: "Fragmenting the management of the Tube is neither safe nor integrated."

Support from Mayor

Mr Livingstone said he supported Mr Kiley's decision.

"Despite months of negotiation, the government has so far failed to agree a plan for the underground which does not divide up essential maintenance work on the underground," he said.

"Transport for London and myself would be neglecting our duty to provide a safe system if we were to allow the PPP to go ahead without amendments."

He added: "I believe Bob Kiley has the overwhelming backing of Londoners to take whatever action he feels is appropriate to ensure that he is able to run a safe and efficient tube network, including issuing legal proceedings."

London Transport commissioner Bob Kiley

Mr Kiley said he had been told that he could either take or leave the latest government proposals on PPP.

The difficulties come against the background of possible disruption on Thursday if a planned strike by members of the RMT union goes ahead.

Negotiations between London Underground and the union ended without agreement on Monday but the two sides were meeting again on Tuesday at the offices of the conciliation service Acas.

Derek Smith, managing director of London Underground, said the RMT was "hell bent" on going ahead with the strike, which the union says is over safety.

Picket lines

He expects around 60% of services to run and believes many train drivers will work normally, adding that they could face disciplinary action if they refused to cross picket lines.

RMT assistant general secretary Bob Crow said: "We have always been available to resolve this issue but London Underground have not negotiated with us in a reasonable manner."