WHEN is a Labour Party member not a member? When her subs haven't been paid.

The oversight by Kathryn Smith, leader of Bexley Council's Labour group hit the headlines when she took part in the vote on how to choose the party's candidate for London's new mayor.

London Labour Party records showed the Northumberland Heath councillor had not paid her subs for 1998 -- a mere £16.

Tory Cllr Mark Brooks said: "Bexley's Labour councillors should be embarrassed because they voted for a leader who was not even a member of their own party." He added: "We may all club together to pay for her."

Under Labour rules members more than six months in arrears cannot take part in party decision-making. This means Cllr Smith should not have participated in the regional board's vote last week on the selection process.

A London Labour Party spokesman pointed out that Cllr Smith's vote made no difference to a result which was overwhelmingly --- 24 to 4 -- in favour of the proposal.

He said: "It was clearly an oversight on her part and she has arranged to pay by direct debit in the future."

Cllr Smith said the confusion arose when her fee was lumped in with donations she made to the party.

She said: "There is no doubt that I am and always will be a member of the Labour Party."

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