Labour was blind to Livingstone threat

Kiley and Livingstone say the Tube plans are unsafe

Labour failed to accept the possibility that someone other than its candidate could win London's mayorality, a QC told the High Court on Thursday.

The issue was raised as the judge, Mr Justice Sullivan, overseeing the legal review of the government's planned part privatisation of the capital's Tube network has reserved making a judgement.

It is impossible to conceive of any Labour candidate not endorsing that imaginative and productive policy

Glenda Jackson on the PPP

London's Transport Commissioner, Bob Kiley, is taking London Underground to court, on behalf of the mayor, over the public private partnership (PPP) for the Tube, saying it is unsafe and therefore illegal.

A ruling on whether to grant a judicial review of PPP will be made next week.

'Side-stepped'

During Thursday's hearing lawyers had turned to Hansard reports of parliamentary debates to determine what the outcome should be if London's mayor disagreed with Labour's plans for the Tube.

In his final comments, the judge said the government had "side-stepped" the issue of how much say the mayor was supposed to have over the Tube's future.

Representing the mayor's transport body, Transport for London, Richard Gordon QC, described how on 2 May 1999 the then junior transport minister Glenda Jackson had been asked by Tory MP Richard Ottaway what would happen if the successful mayoral candidate opposed the government's £13bn PPP.

"Who would have the last word in those circumstances?" asked Mr Ottaway.

Ms Jackson, no longer a minister, replied that it was "highly unlikely that anyone other than a Labour candidate" would be elected as mayor.

She added: "It is impossible to conceive of any Labour candidate not endorsing that imaginative and productive policy".

After hearing the extract, the judge said: "Yes, that very clearly side-stepped, in my judgment, the question that has arisen in this case."

Even John Howell QC, appearing for London Regional Transport and London Underground Ltd, agreed.

No veto

Mr Howell said: "It is quite obvious the minister was not going to contemplate the possibility of anyone being elected ... who might oppose government plans."

But he continued saying neither was suggested that the mayor should be able to veto the PPP.

Putting the case for the mayor and Transport for London Mr Gordon had earlier suggested Mr Livingstone would be placed in a "chaotic position" if he was unable to see through his own alternative proposals if he was forced to accept the PPP.

He would be left to "carry the can" for an "unworkable, potentially dangerous and prohibitively expensive" Labour plan, he said.