(1 year, 5 months ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Holocaust Memorial Bill 2022-23 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move, That the Bill be now read a Second time.
This short Bill serves a vital purpose. It ensures that the undertaking that this Government have given, supported by the official Opposition and all parties in this House, is honoured, and that a fitting, Government-led national memorial and learning centre to honour the 6 million who died in the holocaust is established in a suitable, prominent centre at the heart of our capital city.
I know that everyone in this House recognises that the holocaust was a unique evil. Genocide—the greatest crime that humanity can inflict on other human beings—has been a dark feature of our shared history since the dawn of time, but the holocaust stands out in scale and in horror. It was a unique desire on the part of a nation to wipe out an entire people. Mechanised cruelty executed on a scale that could never have been imagined beforehand meant that, from the Pyrenees to the Urals, the Nazi war machine was bent on the elimination of an entire race. I think all of us, whatever our views on the Bill and all of the inevitable details that follow in making sure that an appropriate memorial is sited, will share a desire to ensure that the commitment “Never again” is in all our hearts.
I fully concur with what my right hon. Friend has just said, and I am fully supportive of a national holocaust memorial, but the reason I will not be supporting the Government in the passing of this Bill this evening—if it is passed—is that there appears to have been a complete lack of public consultation. Westminster City Council was against it, and it seems to me as though this has been imposed from above by Government. That is not what we do in this country: we need a much wider consultation. That is why many prominent Jews, including Malcolm Rifkind, former rabbis and so forth, have signed the open letter arguing against the siting of the memorial in Victoria Tower gardens.
My hon. Friend makes an important point. There has been controversy and there has been opposition to the site of the memorial, but it is only fair to say that the decision to site it in Victoria Tower gardens has followed consultation. There was extensive consultation on this project, starting with Prime Minister David Cameron’s holocaust commission in 2014, which received almost 2,500 responses. Following the announcement in January 2016 that Victoria Tower gardens had been identified as the most fitting site, an international design competition was then held to select a suitable design team.
I do not put this as a point of argument, but as something that I hope my right hon. Friend is aware of: when the UK Holocaust Memorial Foundation put out its specification in September 2015—a copy of which, I think, is available to my right hon. Friend—it said that it wanted various criteria to be taken into account, including a possible location in central London, which on page 10 of the specification is illustrated as west of Regent’s Park, east of Spitalfields and down from the Imperial War Museum. In the four or five months between September 2015 and January 2016, there was no public consultation about the site at all. I do not want my right hon. Friend to feel that he needs to answer that point now, but if he could say before the end of the debate what consultation there was between September 2015 and January 2016, that might be helpful to the House.
The consultation was undertaken after the announcement of the winning design, and from January to September 2017 the public were invited to comment on the shortlisted designs, which were exhibited in Parliament and across the United Kingdom. Of course, as the Father of the House will know, there was a planning inquiry, and during that inquiry extensive material about the memorial and the learning centre was published and shared. Interested parties were given an opportunity to raise concerns and objections, and objectors had the opportunity to make their case to the independent planning inspector at that point.
However, I stress that the decision on the site was not taken by Government Ministers, and—in respect of the understandable concerns raised by my hon. Friend the Member for Basildon and Billericay (Mr Baron)—it was not imposed by the Government themselves. The decision was arrived at by the independent Holocaust Memorial Foundation, with representations from different political traditions, including the right hon. Ed Balls and the right hon. Lord Pickles; the Chief Rabbi; the very distinguished president of the Community Security Trust, Gerald Ronson; and a host of others from civil society. While my hon. Friend is right to say that some people within the Jewish community have expressed concerns, the overwhelming view of the Jewish community and its representative organisations is that this is the right memorial in the right location, and that we must press on.
I am extremely grateful to the Secretary of State for giving way. On the location, what assurances can he give that the Bill does not undermine the environmental protections that Victoria Tower gardens currently enjoy?
Victoria Tower gardens will continue to be a park with public access—only some 7.5% of the location of the park will be occupied by the memorial. Of course, when David Cameron initiated the commission, it was made clear that any memorial should be suitably striking, suitably prominent, and in a location that has political, cultural, emotional and historical resonance, which it will be.
When I was Leader of the House of Commons, between 2017 and 2019, I received so many representations personally from people who made the case that there are now so few holocaust survivors still living that we simply have to get on with this. As my right hon. Friend said, that consultation began under David Cameron’s leadership, which is now a long time in the past. If we are going to do this, and it needs to be in a prominent place to show our respect and commitment to remembering that horrific time, we must get on with it.
I am very grateful to my right hon. Friend, who was a brilliant Leader of the House, for making that point so clearly. As she reminds us, the holocaust is moving from living history to history. The voices of those who are survivors and witnesses are fading, and we must ensure that their example endures.
Just a fortnight ago, Ben Helfgott, an ambassador for the Holocaust Educational Trust, sadly passed away. Ben was a holocaust survivor who went on to represent this country in weightlifting at the Olympics. Thanks to the Holocaust Educational Trust, I had the privilege of meeting Ben and hearing his testimony. I do not think any of us who have heard the testimony of any of the witnesses and survivors for whom the Holocaust Educational Trust has provided a platform will forget that—there is nothing as powerful as hearing from those who lived through and survived the hell of the holocaust. As Ben and other survivors pass on, it is our duty and our responsibility to move as quickly as we can to ensure that the memorial they fought for and wished to see is established suitably.
Of course, one of the other reasons why it is so important that we move quickly and show resolution is that not only are voices fading, but antisemitism is rising. In 2022, the last year for which we have figures, the Community Security Trust recorded 1,652 antisemitic incidents. In the year before that, the number of antisemitic incidents in this country had reached a record high. As Jonathan Sacks reminded us, antisemitism is a virus that mutates. We need to be vigilant, always and everywhere, against hate and prejudice, and the memorial and learning centre will establish a means of doing so for generations to come.
I agree with everything that the Secretary of State has just said. He will be aware that the Jewish Museum in Camden is due to close because of a lack of funds—that is my understanding. What consideration have the Government given to providing some funds to keep that recognition of the holocaust alive?
The hon. Gentleman makes an important point. Of course, the Government stand behind the memorial, but there will also be philanthropic funding. Here again, Gerald Ronson CBE is one of the figures at the forefront in supporting this cause, as he has so many good causes. The Government also support the work of the Holocaust Educational Trust. Indeed, I was proud as the Education Secretary to carry on the great work of Ed Balls in making sure that holocaust education was a critical part of the history that every child learns in our schools.
As the former Leader of the House, my right hon. Friend the Member for South Northamptonshire (Dame Andrea Leadsom), pointed out, David Cameron established a commission with cross-party support in 2014, and it is that commission’s work that we seek to honour today. Again, the commission was clear that the most important thing is to make sure that we have a striking new memorial in a prominent central London location and accompanied by a world-class education centre. That is what the holocaust memorial commission is charged with delivering, and the detail of its proposals have commanded respect and approval from historians and from within the Jewish community.
This Bill seeks specifically to change the London County Council (Improvements) Act 1900, which governs public parks. All we seek to do is to make sure that those parts of the 1900 Act that Mrs Justice Thornton rightly invoked in the case that was heard before her are altered. We wish to ensure that it is the clear will of Parliament—both the Commons and the Lords, across parties and across political traditions—that the memorial goes ahead, while also continuing to respect free access to Victoria Tower gardens, respecting its position as a public park, and making sure that those green spaces are accessible to all and that the existing memorials there are respected as well.
As I have mentioned, the choice of venue has attracted some controversy, but I can put it no better than the Chief Rabbi himself. When questioned about why, he said that this
“is an inspirational choice of venue… this is a most wonderful location because it is in a prime place of great prominence and it is at the heart of our democracy… we don’t want to tuck the Holocaust away somewhere—similar to…a tiny monument in Hyde Park, that most people have never heard of. We want all of British society to be aware…for the sake of the whole country and its future.”
We are all privileged to be parliamentarians, and we all know that when people think of this country, the symbol they associate with it is this House. We all know that this nation—the mother of Parliaments, the home of Parliamentary democracy—has a proud tradition. It is only appropriate that, when we reflect on the greatest evil that humanity has ever been responsible for, it is here in the home of parliamentary democracy that we find the space, the time and the common endeavour to make sure that a fitting memorial can be established, and that is what this Bill seeks to do.
My right hon. Friend is making a very effective and powerful speech in support of the Bill. The point he has just made about the proximity of the memorial and learning centre to this institution is exactly right. Does he agree with me that, when we talk about the holocaust and the horrors of the past, it is not just something that happened to other people over there; it is actually part of our story and our history as well? So Westminster, close to Parliament, is the ideal location for this memorial.
I could not agree more. There are representatives in this House and in the other place who are the relatives of those who died or survived the holocaust. Lord Austin, a distinguished Cross Bencher in the other place, is the adopted son of a holocaust survivor. This is about recognising the intimate links between this country and that crime, and the fact that distinguished figures such as those responsible for the Kindertransport played an heroic role in helping people fleeing persecution to come to this country. However, it is also the case that all history is complex, and there are mistakes that this nation and some of its leaders or leading politicians made at that time that we also need to remember, if we are to ensure that “never again” is a phrase that resonates with meaning rather than being simply an empty repeated platitude.
My interest in this Bill is primarily driven by constituents of mine who are related to Thomas Fowell Buxton, and there is a very important monument to his memory and the campaign he waged against slavery on this site. If this Bill proceeds, what can we do to ensure that this memorial complements that memorial?
Again, the hon. Gentleman makes a very important point. The whole design by David Adjaye and his team is designed to complement the Buxton memorial. Indeed, the hon. Gentleman is quite right that it is fitting that a memorial intended to ensure that we remember those who fought against the evil of slavery is located alongside a memorial to ensure that we remember the victims of the greatest crime that humanity was ever responsible for.
My right hon. Friend has been right in talking about the site for the memorial, and colleagues have raised the issue of opposition to it. Does he agree with me that the principal reason why some Jewish people and Jewish leaders are raising objections is the sheer length of time this whole process is taking? Actually, they do not object to where it is sited, but just want to make sure we get on with the job and get it done.
My hon. Friend is absolutely right. From the meetings I have had with the commission and the conversations I have had with people in the Jewish community and beyond, I know they want us to proceed. They understand that we are a country governed by laws and they understand why the court came to the decision it did on the 1900 Act, but they also want the Government, as well as this House and the other place, to proceed at the fastest possible pace—giving due consideration to all the arguments that are and have been made, but at the fastest possible pace—to ensure that an appropriate memorial is established.
I would like to close by reflecting on the words of Mala Tribich MBE, who is now 92 years old, and a holocaust survivor herself. As she says:
“As the Holocaust moves further into history and we survivors become less able to share our testimonies this Memorial and Learning Centre will be a lasting legacy so that future generations will understand why it is important for people to remember the Holocaust, to learn from the past and stand up against injustice. The memory of the Holocaust cannot be left to fade when us eyewitnesses are no longer able to share our memories.”
I believe we owe it to Mala and to all survivors to pass this Bill, and I commend it to the House.
I call the shadow Secretary of State.
It is a real pleasure to conclude the debate. I sincerely thank Members from across the House for their thoughtful, powerful and often very personal contributions to the debate. I was moved to hear such support for the principles of this Bill from all sides of the House. Together we can put our personal politics to one side and get the holocaust memorial built, while there are still holocaust survivors alive to see it.
Regrettably, it is a sombre truth that holocaust survivors who found solace in the United Kingdom are passing away, so we cannot let this opportunity pass us by. We must pass this Bill. We must ensure that future generations remember tomorrow. As my right hon. Friend the Secretary of State said, the Bill will enable us to keep that solemn promise. Through it, we are pursuing our manifesto commitment and a moral commitment.
It is encouraging to know that there is broad agreement about the need for a prominent national holocaust memorial and learning centre, even among those few dissenting voices who have expressed concerns about the site in Victoria Tower gardens. What is not in dispute is that its location at the heart of our democracy has an unmatchable historical, emotional and political significance.
I wish to spend a few moments replying to some of the concerns that have been mentioned, first, in the reasoned amendment, and, secondly, in some of the speeches. We are opposing the amendment. Many of these issues were examined in depth at the six-week public inquiry in 2020.
In his overall conclusion, the planning inspector was clear that the significant range of truly civic, educative, social and even moral public benefits that the proposals offer would demonstrably outweigh the identified harms that the proposals have been found to cause. A number of Members, including my hon. Friend and neighbour the Member for Cities of London and Westminster (Nickie Aiken), raised concerns about the park and the environment. I stress that our proposal is to take only 7.5% of the area of the gardens, with the structure of our learning centre placed underground.
I appreciate what the Minister is saying about the 7.5%. However, does she agree that placing the memorial and the learning centre in Victoria Tower gardens will change the whole atmosphere of the area, which is currently a neighbourhood park to a civic area.
It is our full intention that all activities that, at the moment, occur in the park can continue to do so, and we are being very sensitive in our design of the memorial and the learning centre. On the 7.5% point, I wish to note that the planning inspector, in his decision, recorded that the figure was agreed by all the main parties to the inquiry. I also want to say that the gardens will be enhanced in many ways with new planting, better drainage and more accessible seating. It is important also to note that the Holocaust Memorial Bill itself cannot and will not do anything to alter environmental and green space protections. The Bill will remove the statutory obstacle to building the memorial and learning centre in Victoria Tower gardens, it does not provide any sort of planning permission and other necessary consents. These are contingent on an entirely separate planning permission.
I wish to pick up on a few other points that were raised. On trees, I want to reassure everyone that all the mature London plane trees will be protected, and additional planting will increase the overall attractiveness. We are taking measures to minimise the risk of damage to tree roots. Flooding was also mentioned. A detailed flood-risk assessment prepared as part of the planning application has concluded that Victoria Tower gardens is heavily protected. However, we take the risk of flooding very seriously, The Environment Agency has sought planning conditions relating to the condition of the river wall, which we are happy to comply with.
The Buxton Memorial and the concerns about it being overshadowed were mentioned. I want to stress that the design of the memorial means that the Buxton Memorial will be kept in its current position and, with the addition of new landscaping and seating, its setting will be improved. The memorial will be no higher than the top of the Buxton Memorial and the fins will step down progressively.
Concerns were raised about the interaction with the restoration and renewal programme. I just want to stress that the memorial site is at the southern end of Victoria Tower gardens and need not prevent the use of the gardens as required by the R&R project for site offices.
There was mention of having the memorial at the Imperial War Museum. I reiterate that the Imperial War Museum is very supportive of our proposals and, indeed, the chair sits on the foundation board. There was also mention of the fact that the learning centre was too small, but it is of a comparable size to that of the exhibition space underground in Berlin. In the reasoned amendment there was mention of the fact that there should be an endowment fund for education, but nothing that we are doing precludes that. There was also mention of the fact that there is opposition from members of the Jewish community. As my hon. Friend the Member for Harrow East (Bob Blackman) said, we are never going to get unanimity among any group of people, but we are delighted that we have the support of the Chief Rabbi and of every living Prime Minister, and broad representation from the Jewish community.
Consultation has been mentioned, and the Secretary of State addressed many of those issues, but we have over the years carried out extensive consultation. We looked at around 50 possible sites in central London, and there was a public inquiry as part of the planning process. We conducted a very thorough search of possible alternative suitable sites. All sites were assessed against the same published criteria, which included visibility, accessibility, availability and affordability. Almost all the criteria in the 2015 site selection document can be met at Victoria Tower gardens. I thank Members across the House for their contributions in this important debate and for their support to deliver this long-overdue memorial.
(1 year, 5 months ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Holocaust Memorial Bill 2022-23 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move,
(1) That the Bill be committed to a Select Committee of five members, all of whom are to be nominated by the Committee of Selection.
(2) That in determining the composition of the Select Committee the Committee of Selection shall nominate three members from the Government and two members from opposition parties.
(3) That there shall stand referred to the Select Committee—
(a) any petition against the Bill submitted to the Private Bill Office during the period beginning at 10.00am on 29 June 2023 and ending at 5.00pm on 24 July 2023, and
(b) any petition which has been submitted to the Private Bill Office and in which the petitioners complain of—
(i) any amendment as proposed in the filled-up Bill,
(ii) any amendment as proposed by the member in charge of the Bill which, if the Bill were a private bill, could not be made except upon petition for additional provision, or
(iii) any matter which has arisen during the progress of the Bill before the Select Committee, (and references in this paragraph to the submission of a petition are to its submission electronically, by post or in person).
(4) That if no such petition as is mentioned in sub-paragraph (3)(a) above is presented, or if all such petitions are withdrawn before the meeting of the Committee, the order for the committal of the Bill to a Select Committee shall be discharged and the Bill shall be committed to a Public Bill Committee.
(5) That, notwithstanding the practice of the House that appearances on petitions against an opposed private bill be required to be entered at the first meeting of the Select Committee on the Bill, in the case of any such petitions as are mentioned in paragraph 3(a) above on which appearances are not entered at that meeting, the Select Committee shall appoint a later day or days on which it will require appearances on those petitions to be entered.
(6) That any petitioner whose petition stands referred to the Select Committee shall, subject to the rules and orders of the House and to the prayer of that person’s petition, be entitled to be heard in person or through counsel or agents upon that person’s petition provided that it is prepared and signed in conformity with the rules and orders of the House, and the member in charge of the Bill shall be entitled to be heard through counsel or agents in favour of the Bill against that petition.
(7) That the Select Committee shall require any hearing in relation to a petition mentioned in paragraph 6 above to take place in person, unless exceptional circumstances apply.
(8) That in applying the rules of the House in relation to parliamentary agents, any reference to a petitioner in person shall be treated as including a reference to a duly authorised member or officer of an organisation, group or body.
(9) That the Select Committee have power to sit notwithstanding any adjournment of the House and to report from day to day the minutes of evidence taken before it.
(10) That three be the quorum of the Select Committee.
With this, we shall discuss the following:
Motion 6—Holocaust Memorial Bill: Instruction—
That it be an instruction to the Select Committee to which the Holocaust Memorial Bill is committed to deal with the Bill as follows:
(1) That the Committee treats the principle of the Bill, as determined by the House on the Bill’s Second Reading, as comprising the matters mentioned in paragraph 2; and those matters shall accordingly not be at issue during proceedings of the Committee.
(2) The matters referred to in paragraph (1) are—
(a) the Secretary of State may incur expenditure for or in connection with (i) a memorial commemorating the victims of the Holocaust, and (ii) a centre for learning relating to the memorial; and
(b) section 8(1) and (8) of the London County Council (Improvements) Act 1900 are not to prevent, restrict or otherwise affect the construction, use, operation, maintenance or improvement of such a memorial and centre for learning at Victoria Tower Gardens in the City of Westminster.
(3) Given paragraph (2) and as the Bill does not remove the need for planning permission and all other necessary consents being obtained in the usual way for the construction, use, operation, maintenance and improvement of the memorial and centre for learning, the Committee shall not hear any petition against the Bill to the extent that the petition relates to—
(a) the question of whether or not there should be a memorial commemorating the victims of the Holocaust or a centre for learning relating to the memorial, whether at Victoria Tower Gardens or elsewhere; or
(b) whether or not planning permission and all other necessary consents should be given for the memorial and centre for learning, or the terms and conditions on which they should be given.
(4) The Committee shall have power to consider any amendments proposed by the member in charge of the Bill which, if the Bill were a private bill, could not be made except upon petition for additional provision.
(5) Paragraph (4) applies only so far as the amendments proposed by the member in charge of the Bill fall within the principle of the Bill as provided for by paragraphs (1) and (2) above.
That these Orders be Standing Orders of the House.
Amendment (a) to motion 6, in paragraph (2)(a), leave out from “memorial” to the end of paragraph (2)(b).
Amendment (b), to motion 6, leave out paragraph (3).
Motion 7—Holocaust Memorial Bill: Carry-over—
That the following provisions shall apply in respect of the Holocaust Memorial Bill:
Suspension at end of current Session
(1) Further proceedings on the Bill shall be suspended from the day on which this Session of Parliament ends (“the current Session”) until the next Session of Parliament (“Session 2023–24”).
(2) If a Bill is presented in Session 2023–24 in the same terms as those in which the Bill stood when proceedings on it were suspended in the current Session—
(a) the Bill so presented shall be ordered to be printed and shall be deemed to have been read the first and second time;
(b) the Standing Orders and practice of the House applicable to the Bill, so far as complied with or dispensed with in the current Session, shall be deemed to have been complied with or (as the case may be) dispensed with in Session 2023–24;
(c) the Bill shall be dealt with in accordance with—
(i) paragraph 3, if proceedings in Select Committee were not completed when proceedings on the Bill were suspended,
(ii) paragraph 4, if proceedings in Public Bill Committee were begun but not completed when proceedings on the Bill were suspended,
(iii) paragraph 5, if the Bill was waiting to be considered when proceedings on it were suspended,
(iv) paragraph 6, if the Bill was waiting for third reading when proceedings on it were suspended, or
(v) paragraph 7, if the Bill has been read the third time and sent to the House of Lords.
(3) If this paragraph applies—
(a) the Bill shall stand committed to a Select Committee of such Members as were members of the Committee when proceedings on the Bill were suspended in the current Session;
(b) any instruction of the House to the Committee in the current Session shall be an instruction to the Committee on the Bill in Session 2023–24;
(c) all petitions submitted in the current Session which stand referred to the Committee and which have not been withdrawn, and any petition submitted between the day on which the current Session ends and the day on which proceedings on the Bill are resumed in Session 2023–24 in accordance with this Order, shall stand referred to the Committee in Session 2023–24;
(d) any minutes of evidence taken and any papers laid before the Committee in the current Session shall stand referred to the Committee in Session 2023–24;
(e) only those petitions mentioned in sub-paragraph (c), and any petition which may be submitted to the Private Bill Office and in which the petitioners complain of any amendment proposed by the member in charge of the Bill which, if the Bill were a private bill, could not be made except upon petition for additional provision or of any matter which has arisen during the progress of the Bill before the Committee in Session 2023–24, shall stand referred to the Committee;
(f) any petitioners whose petitions stand referred to the Committee in Session 2023–24 shall, subject to the rules and orders of the House, and to the prayer of that person’s petition, be entitled to be heard in person or through counsel or agents upon that person’s petition provided that it is prepared and signed in conformity with the rules and orders of the House, and the member in charge of the Bill shall be entitled to be heard through counsel or agents in favour of the Bill against that petition;
(g) the Committee shall require any hearing in relation to a petition mentioned in sub-paragraph (f) above to take place in person, unless exceptional circumstances apply;
(h) in applying the rules of the House in relation to parliamentary agents, any reference to a petitioner in person shall be treated as including a reference to a duly authorised member or officer of an organisation, group or body;
(i) the Committee shall have power to sit notwithstanding any adjournment of the House and to report from day to day minutes of evidence taken before it;
(j) three shall be the quorum of the Committee.
(4) If this paragraph applies, the Bill shall be deemed to have been reported from the Select Committee and to have been re-committed to a Public Bill Committee.
(5) If this paragraph applies—
(a) the Bill shall be deemed to have been reported from the Select Committee and from the Public Bill Committee, and
(b) the Bill shall be set down as an order of the day for consideration.
(6)If this paragraph applies—
(a) the Bill shall be deemed to have been reported from the Select Committee and from the Public Bill Committee and to have been considered, and
(b) the Bill shall be set down as an order of the day for third reading.
(7) If this paragraph applies, the Bill shall be deemed to have passed through all its stages in this House.
Other
(8) In paragraph (3) above, references to the submission of a petition are to its submission electronically, by post or in person.
That these Orders be Standing Orders of the House.
Motion 8—Positions for which additional salaries are payable for the purposes of section 4A(2) of the Parliamentary Standards Act 2009—
That the Order of the House of 19 March 2013 (Positions for which additional salaries are payable for the purposes of section 4A(2) of the Parliamentary Standards Act 2009) be amended, in paragraph (1)(a), by inserting, in the appropriate place, “the Select Committee on the Holocaust Memorial Bill”.
The instruction motion, tabled in the name of the Secretary of State, sets out the matters that can properly be considered by the Select Committee when it hears petitions against the Bill. It is a custom of the House, and a well-established part of the process for hybrid Bills, that the Select Committee should not hear petitions that seek to challenge the principle of the Bill. The Second Reading debate that just concluded was the opportunity for this House to consider the principle of the Bill, and I am delighted that this House has given such support to the Bill.
It is familiar practice on hybrid Bills, for example with the current and recent High Speed 2 Bills, that the House should pass a motion giving instructions to the Select Committee on what precisely falls within the principle of the Bill. Such a motion helps to provide clarity for the Committee and, of course, for potential petitioners, so that no time should be wasted seeking to raise matters on the Bill’s principle, on which the House has already expressed such a clear view.
In this case, the motion specifies that
“the Committee shall not hear any petition against the Bill to the extent that the petition relates to—
(a) the question of whether or not there should be a memorial commemorating the victims of the Holocaust or a centre for learning relating to the memorial, whether at Victoria Tower Gardens or elsewhere; or
(b) whether or not planning permission and all other necessary consents should be given for the memorial and centre for learning, or the terms and conditions on which they should be given.”
If the House agrees to pass the motion, the Select Committee would still have a good deal of scope to consider matters relating to clause 2 of the Bill—notably, the extent to which the restrictions in section 8 of the London County Council (Improvements) Act 1900 should be removed, and whether there should be any conditions on that removal.
It is accepted that there is a principle to memorial, so what about my point on having an overground memorial—like other memorials—but not an underground learning centre? Will the Committee still be able to consider such a detail?
The Committee can consider the extent and any conditions on the memorial in Victoria Tower gardens, so yes, that can be considered.
The established practice for Select Committees on hybrid Bills is that they consider petitions from people who are directly and especially affected by the proposals in the Bill. I understand that the House authorities will publish guidance for people who are considering whether to petition against the Bill. It will ultimately be a matter for the Select Committee to decide which petitioners to hear and which points in the petitions to consider.
The motion is a necessary and important measure that supports the well-established principles and processes for dealing with a hybrid Bill. The amendments proposed by the Father of the House, my hon. Friend the Member for Worthing West (Sir Peter Bottomley), risks undermining those established principles and processes, and could create confusion on the scope of the Committee’s work, which would be unhelpful to the Committee and all participants, including petitioners. For those reasons, the Government do not accept the amendments. I commend the motion to the House.
I call the Father of the House.
I am grateful to my hon. Friend the Minister for the way in which she has introduced these four topics. We are talking mainly about the instruction motion; I do not think that the others are very exceptionable.
I think I may have served on more hybrid Bill Committees—and certainly for longer—than most people, including that of High Speed 2. I doubt that the situation is quite as my hon. Friend described it. Hybrid Bill procedure exists for a reason: to protect the rights of those who are specifically affected by a Bill and allow them to put their case to a Committee. By making clause 2 the principle of the Bill, as well as clause 1—as I said before, there is no controversy about clause 1—the Government have already spent £17 million or more achieving nothing. They are now proposing to spend an extra £80 million to £100 million achieving not very much. I suggested in a previous debate that the Government should consider how to get a national holocaust memorial up—close to Westminster, if they want—within two years. Of course, the Government would not, as I have explained before, achieve it in four to five years extra, over and above the eight years that have been used up so far.
To go back to the hybridity, it is a matter of record that the Government declared in front of the examiners that this was not a hybrid Bill. They were wrong; it is a hybrid Bill. The reason for a hybrid Bill is so that people have the right to petition. The Government tried to stop that. I think that it is fairly clear to anyone who looks at this that the Government are now seeking to achieve the same result by using this instruction. It is up to the Government to decide whether the instruction, as introduced, is an abuse.
It would be quite easy for the Government to stand up and say what things the petitioners might rightfully put in a petition and be heard on, rather than telling the Committee that they cannot be heard. In addition, because this is a local park for local people, I believe not just that advertisements should be put in newspapers or in the gazette, but that a leaflet should be given to every resident, no matter how small or large their home, from, say, Vauxhall Bridge, Victoria station, along Victoria Street and south of Victoria Street up to the embankment. Those people should be told how the procedure works, how they can petition, what they can petition on and how they can be represented together by a common agent, if they want to be. That is what happened in my experience on HS2.
The instruction, as described by the Minister, would make the whole Bill part of the principle of the Bill. That is not common. In fact, I do not know of it happening before. The whole of the Bill cannot be made the principle, because that then makes it impossible for the petitioners to have their cases heard effectively. So I think we need to accept that the petitioners will be heard on nearly everything that is not an abuse. If someone says, “I do not want any money spent on it,” I can understand not allowing that. That is the principle, but the rest of it, I argue, is not.
Paragraph (3)(a) of motion 6 refers to a petition that relates to
“the question of whether or not there should be a memorial commemorating the victims of the Holocaust or a centre for learning relating to the memorial, whether at Victoria Tower Gardens or elsewhere”.
I ask this explicitly: can either the Secretary of State or the Minister stand up and tell me now that, if someone wants to argue in front of the Committee that it would be better to have the basement box somewhere else and just have the memorial, would that petition potentially be heard by the Committee?
I think it would be a matter for the Committee.
I agree with the Secretary of State that it would be a matter for the Committee, but it is a matter for the Committee under the instructions.
By the way, if it helps those who are concerned about votes and trains, I intend to vote for both amendments, but force a Division only on one of them. I am trying to make sure that these issues will be considered in the House during the Bill’s remaining stages and in the House of Lords as well, where I suspect there will be a degree of scrutiny.
This hybrid procedure gives ordinary people a chance to have their voices heard, and it allows the Committee to insert conditions when the Bill comes back to the House. Those conditions, I believe, could include—I am not going to tell the Committee what it has to do, although I volunteer to be a member if anyone wants to put me on it—saying that the Government should, before this Bill comes back for its further stages on the Floor of the House, show the alternatives to the present plans.
I do not think we should rely on the planning inspector, whose conditions were rather odd before, or on the Secretary of State’s colleague making an independent decision on the Secretary of State’s application. I think that may formally be an acceptable procedure, but it is not one that anyone would justify if we were giving a lecture on democracy in another country.
I believe that the Committee should have the capacity or ability to hear petitions that say, “If the Government say that the memorial only takes up 7.5% of the land in Victoria Tower Gardens, that should be written in as a condition in the Bill.” I believe, notwithstanding the acceptability of paragraph (2)(a) about the money, that the Committee should be able to say that the House can consider the Bill on the condition that the total cost is not more than another £80 million, if we go ahead with the box, or preferably £20 million without the box, whether at the north end of Victoria Tower Gardens, or Parliament Square, or Whitehall, or College Green.
There are a whole series of other things I could say—I have a long, detailed speech and I apologise to those who helped me create the arguments—but I think the House will find it convenient if I leave it with this point. This hybrid Bill must be considered properly by the hybrid Committee, which should allow petitions to be heard. Local people will put their points of view forward. If some duplicate each other, hear them together, but do not exclude any point of practice or of principle if we want to get a holocaust memorial in the next two years. We will not with this process. It needs conditions to change it.
We will not even, in my view, get it within the next four or five years at £120 million, unless the Government wake up to the fact that this is sticking in a big box that does not do what the original plans wanted in a place where it is not appropriate. We can do better than that, and I ask the Secretary of State to recognise that that is the point of moving these amendments. I ask the House not to restrict the petitioners. The Government have now accepted that this is a hybrid Bill, so use the procedures properly and be democratic.
I just want to address a few of the points that have been made. I clarify the fact that it is a matter for the Committee, ultimately, which petitioners to hear and which points to consider. This is a direction to the Committee, but, ultimately, especially in some of the examples, it would be for the Committee to decide. On whether to decide to set conditions—for instance, on the area of the garden—that would be within the remit of the Committee.
There was a discussion as to whether clause 2 was within the principle of the Bill. We have to remember that this is a Bill with only three clauses, one of which is about the extent of the Bill, so I would strongly argue that clause 1 and clause 2 are the principles of the Bill. In my mind, that is clear.
There was a concern raised that the planning decision would be made by a Minister in the Department for Levelling Up, Housing and Communities. I want to reassure the House that we have the strictest processes in place to divide the decision-making principles, so no Minister involved in the Holocaust Memorial Bill will in any way be involved in the planning decision. To use the banking term, there will be the strictest of Chinese walls.
I want to reassure the House that we have done the consultation, as the Secretary of State and I have set out, and that we are launching a very transparent process. However, the purpose of the Committee is not to re-debate the principles in clauses 1 and 2; it is to discuss conditions and extent. I commend the motion to the House.
Question put and agreed to.
Holocaust Memorial Bill: Instruction
Motion made, and Question proposed,
That it be an instruction to the Select Committee to which the Holocaust Memorial Bill is committed to deal with the Bill as follows:
(1) That the Committee treats the principle of the Bill, as determined by the House on the Bill’s Second Reading, as comprising the matters mentioned in paragraph 2; and those matters shall accordingly not be at issue during proceedings of the Committee.
(2) The matters referred to in paragraph (1) are—
(a) the Secretary of State may incur expenditure for or in connection with (i) a memorial commemorating the victims of the Holocaust, and (ii) a centre for learning relating to the memorial; and
(b) section 8(1) and (8) of the London County Council (Improvements) Act 1900 are not to prevent, restrict or otherwise affect the construction, use, operation, maintenance or improvement of such a memorial and centre for learning at Victoria Tower Gardens in the City of Westminster.
(3) Given paragraph (2) and as the Bill does not remove the need for planning permission and all other necessary consents being obtained in the usual way for the construction, use, operation, maintenance and improvement of the memorial and centre for learning, the Committee shall not hear any petition against the Bill to the extent that the petition relates to—
(a) the question of whether or not there should be a memorial commemorating the victims of the Holocaust or a centre for learning relating to the memorial, whether at Victoria Tower Gardens or elsewhere; or
(b) whether or not planning permission and all other necessary consents should be given for the memorial and centre for learning, or the terms and conditions on which they should be given.
(4) The Committee shall have power to consider any amendments proposed by the member in charge of the Bill which, if the Bill were a private bill, could not be made except upon petition for additional provision.
(5) Paragraph (4) applies only so far as the amendments proposed by the member in charge of the Bill fall within the principle of the Bill as provided for by paragraphs (1) and (2) above.
That these Orders be Standing Orders of the House.—(Felicity Buchan.)
Amendment proposed: (a), to leave out from “memorial” in paragraph (2)(a) to the end of paragraph (2)(b).—(Sir Peter Bottomley.)
Question put, That the amendment be made.
(7 months ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the Holocaust Memorial Bill 2022-23 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
I did not realise the family connection with the hon. Gentleman’s constituency. The Buxton memorial is unique and should be protected. We would not want any other memorial encroaching upon it.
It is also important to remember that half the entire park itself was a gift to the nation from the newspaper retailer William Henry Smith—the founder of WHSmith —who donated £1,000 to preserve it as an open space, on the condition that it would be a place for recreation, particularly for the children of Westminster. The Government of the day agreed. To this day, local schoolchildren and even younger children continue to take advantage of this rare green space in central London. The notion of charity may have been undermined by this proposal. One may ask what it might mean for the future of other such bequests, if other gifts to be used as public space for the benefit of the environment and local people are similarly overridden.
Amendment 2, which stands in my name, seeks to limit the damage to the park to just the memorial, should the proposal go ahead. The Bill in its current form does not provide for the location of the memorial and the learning centre to be on the same site, and it was not stipulated as a prerequisite in the Prime Minister’s Holocaust Commission report in 2015. I remember that there was a proposal for the learning and education centre to be in Millbank Tower, as part of the redevelopment. That did not see the light of day, but it would have been a good compromise.
We risk Victoria Tower Gardens being completely overwhelmed as a green space by this development spoiling the setting of Parliament, the gardens and the other memorials and, in particular, overshadowing the Buxton memorial. It is my understanding that the learning centre will take up more space than the actual Holocaust memorial, and the Bill does not state that the memorial and the learning centre are in the same place. Amendment 2 would only lift the 1900 Act restrictions for a memorial to be built, not a learning centre. With the passing of the Bill, could it be that no park is protected from similar applications in future? That is a real concern of the Select Committee.
My hon. Friend is making a powerful point, characteristically both passionate and knowledgeable, on behalf of her constituents. I want to put on the record now one point about precedent, given its importance—she is right to highlight it—so that it does not get lost in my remarks when I reply to this wide-ranging Committee debate. This does not set a precedent for the release of other designated open or leisure green space in London—if it did, I would not be advocating for it. Any proposal needs to be adjudged on its merits. It does not create a Trojan horse. It does not open a Pandora’s box. I say that from the Dispatch Box, should anyone ever challenge it during a planning inquiry, a planning committee or a judicial review on an application for another parcel of green open space, as designated either by the 1900 Act or by other Acts. The view of the Minister, and of the Government, is that it does not create a precedent on which anyone could rely in law. That is an important point to clarify, and I wanted to do so with your leave, Dame Eleanor, as a clear and freestanding point.
I thank the Minister for that clarification. I absolutely welcome that. That is a very powerful message to send to any future Government or future Minister who may be sitting in his place. He makes a very good point about any future planning applications, too.
I am not entirely sure what has amused my hon. Friend the Member for South Norfolk (Mr Bacon), but there we are. Some people are easily amused.
Let me just make this point. That is not just a binding statement on behalf of the actions of subsequent Governments, but for local authorities, the royal parks and any speculative developer in the private sector. I do not carve it out as a niche, bespoke protection, but as a general blanket cover.
I thank the Minister once again for that very clear steer and clarification.
I completely agree. Many of my constituents feel that this is being steamrollered and imposed on them without any consultation. They have campaigned so hard over the last eight years, and I pay tribute to them.
I note with interest that the construction of the Buxton Memorial Fountain cost a little over £70,000 in today’s money, and I have no idea why the cost of the current proposal runs into hundreds of millions of pounds. Given the increasing pressures on public finances, I urge the Government to take a proper deep dive into the costs of this project, and to consider whether it is still an appropriate use of public money.
New clause 1 was also tabled by my hon. Friend the Member for Carlisle. I note the Select Committee’s recommendation in its special report for the review proposed in the new clause to be undertaken “expeditiously” before any planning application is progressed. I believe it is imperative that a review of the security arrangements of this proposal be undertaken immediately. That is not only financially prudent, but necessary from a national security perspective. Sadly we live in uncertain times, and the dreadful events currently taking place in the middle east are being felt on our own streets, perhaps nowhere more than on the streets of Westminster surrounding Parliament. Let us remember that even if this memorial goes ahead, the playground and part of the park will continue to exist. I note that Lord Carlile, the former independent reviewer of terrorism legislation, has expressed his own concern that the site proposed for the memorial and learning centre presents a very real terrorism risk.
It would be unfortunate if, due to increased security concerns, the authorities insisted that the area around the memorial and learning centre should be surrounded by railings and gates, cutting off a wide part of the park from the public, which would be contrary to the idea of Victoria Tower Gardens as a public green space that is accessible for all. I therefore support amendment 1’s call for a full-scale security review to be undertaken before the proposals are permitted to proceed to the next stage. Let us recall that the Holocaust memorial located in Hyde park, which I mentioned earlier, was covered up for its own safety during a pro-Palestinian march only a few weeks ago. If the authorities were so concerned about the safety of that Holocaust memorial, surely they would be equally, if not more, concerned about having a major memorial adjacent to the Houses of Parliament.
I absolutely agree that we need a memorial to the Holocaust, but as the Holocaust Memorial Bill Select Committee clearly concluded in its report, and as reflected in the amendments tabled by its Chair and by me, having read the report, it is clear that there is more work to be undertaken by the Government on consultation, the consideration of alternative locations, costs and security before the House can have confidence that this Bill can be supported.
It is a pleasure to follow right hon. and hon. Members, who have made very important and serious speeches that the House would do well to consider. I support this Bill and the amendments tabled by my hon. Friend the Member for Carlisle (John Stevenson), who made some excellent points about the cost of the memorial. Any project that the Government support must make sensible use of taxpayers’ money, so he is totally right to focus on the cost cap. He is also right to call for a review of security arrangements, for all the reasons that he said.
As a former Planning Minister, I am extremely familiar with the labyrinthine processes of consultation, appeals and delays at various stages, the difficulties of addressing the natural demands to protect an area that my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) spoke about so eloquently, and the importance of siting a national memorial of this significance in the heart of London, next to our Parliament. Now that I have been freed from the duties of making such planning decisions and someone else wears that mantle—at least for now—I can simply say that the impetus for a memorial at this time, and in this place, has never been greater following the 7 October attack, which was the largest pogrom against Jews since the Holocaust.
I am sure that no one is watching this debate, because they will all be glued to Twitter and looking at what is happening at No. 10, but these issues will outlive us and our time in this place. People may wonder why I speak about the Holocaust, and they may say, “You are not Jewish, and you do not have a large Jewish community in Redditch,” but even if there is only one Jewish person in my constituency, I should speak up in support of the things that matter most to them at this time.
Yesterday, the Secretary of State for Levelling Up, Housing and Communities gave an excellent, first-rate speech at a Jewish community centre in north London. He spoke about some things that should shame us all. He spoke about the fact that it is now, in 2024, an arrestable offence for people to be “openly Jewish” near pro-Palestinian marches on the streets of London. He reminded us that there is only one group of people—the Jews—who are told that they are not tolerated in this country, and he said that growing antisemitism
“is a mark of a society turning to darkness and in on itself… It is a parallel law that those countries in which the Jewish community has felt most safe”
are countries where freedom and freedom of speech prosper, and the memorial is a vital part of bolstering Jewish people’s freedom of speech and their freedom to live in our country. Let us not forget that British Jews who have lived all their lives in our country are the only group who are routinely held up to blame for the actions of foreign Governments.
We are all desperately concerned, of course, about the position of innocent Palestinians caught up in the conflict, and we all wish to see the humanitarian relief and a lasting and safe peace in the middle east. I support and applaud the Prime Minister and the Foreign Secretary, who are working tirelessly to achieve those goals, but it should not be necessary to make those points and those caveats over and over again when speaking about the position of British Jews.
Order. I appreciate that the hon. Lady is dealing with a highly emotive subject, and I think that we would all agree with most or all of what she has just said, but this is the Committee stage of a Bill about a particular structure in a particular place. It is not a time for general speeches about the geopolitical position of the world in general, and I would be grateful if she would confine her remarks to talking about this Bill, which is short and to the point.
Thank you, Madam Chairman. I appreciate and value your guidance and I will absolutely abide by it. I hope that the House will see that the reason I make these remarks about the general geopolitical situation is that I wish to show my support for the importance of the memorial in this place at this time, but I will bring my remarks to a conclusion in line with your guidance.
I wish to make it clear that I believe that this Holocaust memorial should be placed in Westminster, next to our Parliament; that is, of course, the matter under consideration, as outlined by the Select Committee. That is because this is where we debate foreign and domestic policy. And of course it is right that we look at all the considerations that have been highlighted by other Members. I would like to ask the Chair’s permission to make one final comment, which is that the safety of the Jewish community is the canary in the mine, so let us build this lasting memorial with the education centre next to our Parliament, to focus on the existential threat to our Jewish brothers and sisters.
I thank the Father of the House for his intervention. I certainly agree that that is one of many considerations that need to be taken into account when determining the application, but many of the contributions to this debate have raised matters that engage planning considerations, and this Bill does not engage planning considerations, even though it will affect the ability to submit a planning application in future. However, those are matters that should be rightly dealt with by the local authority, and by the Planning Inspectorate if the application were to be called in by the Secretary of State.
I turn lastly to those amendments that concern expenditure relating to the memorial and centre as authorised by clause 1 of the Bill. The Select Committee is right to highlight that the true cost of the project has not been established and to emphasise the need to consider the appropriate use of public money when progressing it. Concerns about expenditure have also been highlighted by the National Audit Office, which has made it clear that there is a risk that the contingency is not enough to cover further cost increases. Perhaps most worryingly, the Government’s own Infrastructure and Projects Authority has red-rated this project. In other words, the Government themselves are clear that—I quote here from the definition associated with a red rating—as things stand,
“successful delivery of the project appears to be unachievable”
and that it may, to quote further from that definition,
“need re-scoping and/or its overall viability reassessed.”
While the Opposition would not support the imposition of expenditure caps as proposed by amendment 1, it is clear to us that the Government need to do more to ensure that the project will deliver value for money and to provide appropriate assurances in that regard, in respect of both capital and recurrent costs. As such, I would welcome a robust assurance from the Minister when he responds that the Government have accurately estimated the cost of the project, will apply proper cost control throughout the construction period and will ensure that running costs are sustainable.
Today in this Chamber, we have been united on the welcome return of my hon. Friend the Member for South Thanet (Craig Mackinlay), and the House has been united on security measures on pub licensing for the Euros—probably not the most contentious piece of legislation before the House—and now on this Holocaust Memorial Bill. For all the debate that we have had on the Bill, I am grateful to all right hon. and hon. Friends and Members who have contributed to it.
We have been discussing how, we have been discussing where and we have been discussing when, but the House has never been discussing why. For reasons more than tellingly amplified by my hon. Friend the Member for Brigg and Goole (Andrew Percy), my right hon. and learned Friend the Member for Northampton North (Sir Michael Ellis), my hon. Friend the Member for Harrow East (Bob Blackman) and others, the why is clear and demonstrable. That is a sad fact, but it is. I am grateful to the hon. Member for Greenwich and Woolwich (Matthew Pennycook), who speaks for the Opposition, for his support, as I am to the hon. Member for East Renfrewshire (Kirsten Oswald). I shall reserve my general thanks for the Third Reading debate.
Let me turn to the amendments. I urge my right hon. and hon. Friends and Opposition Members to reject any of the amendments that might be pushed to a vote, for reasons the hon. Member for Greenwich and Woolwich ventilated extremely well. Let me set out why I think that is the case. I might just pause here, if I may, to remark that I think—I am not necessarily an expert on these matters—that this is probably the last substantive piece of innovative business that this Parliament—this 58th Parliament of the realm—will be discussing. It is an honour for me to be taking part in it on behalf of His Majesty’s Government, because it allows me to pay fulsome and personal tribute to three right hon. and hon. Friends on my side who will not be seeking re-election to this place.
My right hon. Friend the Member for Ludlow (Philip Dunne), who I did not know before I came here in 2015, has been a stalwart friend and colleague, and he will be hugely missed across the House, more than he will probably know because he is too modest to even consider that assessment. Likewise, I did not know my hon. Friend the Member for Brigg and Goole, but his wit, his humour and his ability to cheer up any situation have warmed many a moment. Again, he will be missed.
I save for last, but by no means least, my hon. and darling Friend the Member for Cities of London and Westminster (Nickie Aiken). We have known each other since we were 18 or 19, and it was the joy of my life to see her join us here at the 2019 election. She spoke today, in possibly her last contribution on the Floor of the House, in the same way that she has spoken from her maiden speech onwards, with knowledge, passion, clarity and certainty on behalf of all her constituents.
My three retiring colleagues have served their communities well. They have run the race to the finish, and I hope that they enjoy the next chapter of their lives to the full, whatever it offers them.
Education is key to this proposal, to make sure that subsequent generations do not repeat the past. As so many Members, particularly my hon. Friend the Member for Brigg and Goole, have noted, that is why the symbolic juxtaposition of the memorial and learning centre and this place is so important. There is an emotional and romantic intertwining of Parliament, freedom and democracy, and how dimmed those lights were during the period of the Holocaust.
Many have rightly mentioned security, which is a key issue. I suggest to my hon. Friend the Member for Carlisle (John Stevenson) that the hon. Member for Greenwich and Woolwich is right to say that it would not be sensible or prudent to put into the public domain either the security assessment or, indeed, the remedies for what it throws up. It is slightly analogous to having a burglar alarm installed in one’s home and posting the deactivation code on social media, so I will resist that amendment.
My hon. Friend the Member for Carlisle and others have spoken to a key issue. The security and peace of mind of those who work in the centre, of those who visit the centre, of those who merely walk past and, crucially, as my hon. Friend the Member for Cities of London and Westminster and my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) referenced, of those who just use the park as a park is paramount.
The overriding point is that the argument that we cannot have the memorial and learning centre in Victoria Tower Gardens because of security fundamentally undermines a key tenet that supports the proposition. Given the issues surrounding both the Holocaust and the fairly fluid and dynamic situation in the middle east, security will always be an issue for such an institution. Security would be an issue were it to be located at the Imperial War Museum, in the middle of Hyde Park or on the third floor of Harrods. Security will always be an issue, but I entirely take the point, which I echo from the Dispatch Box.
If security concerns, a fear of the mob and a fear of those who seek to disrupt and intimidate suddenly become the trump card that is used to determine where and how we locate such a facility, the mob will have won and we might as well all pack up and go home now, raising the white flag. That is why I think all of us in this House, and particularly the two Front Benches, although we are absolutely concerned about security, are not prepared to bend the knee to bullies, thugs and anti-democratic mob rule.
I doubt the Minister intends to be the first to accuse me of waving a white flag on anything. I put it to him that the Government said that the use of the park would not be interfered with by the proposal. Were there to be just a memorial there, that might be true, but the proposals are for a memorial and a learning centre that will try to bring in half a million people a year, when we know now there are greater threats —we have had the parliamentary bookshop barricaded, and, as I say, the memorial in Hyde Park covered over. Can Government say that, with the present plans, the use of the park will not be interfered with? Where is their assessment? Who knows about it, and is it true?
Let me say to my hon. Friend that there is no reason for use of the park to be disrupted. I am afraid that he slightly undermined his argument, because he referred to the memorial at Hyde Park having to be secured. We have had in the past to secure the statue of Sir Winston Churchill, and to safeguard the security of the Cenotaph. There were no learning centres attached to them—they stand merely as memorials. My hon. Friend said that he thought the memorial would not come under attack—for want of a better phrase—or require security measures, and that the risk was only because the learning centre was attached to it. I do not agree.
I do not have a crystal ball, but the whole security strategy will be tried and tested for every single scenario, in the same way as it is in any plan for something with public use; of course it will be, and that is right. It would respond to any scenario thrown up. I would love to be able to give a guarantee that unfettered access will be given to the park 24/7, 365 days a year, but if, in the middle of some heavy protest or something, it is the advice of the police that it be closed in the same way as they might close a road, a shop or a facility, I suggest that it would be folly to ignore that advice.
Where we are sitting is an armed fortress—we cannot go anywhere without seeing policemen with sub-machine guns. This park has always been completely open. There is absolutely no security. Every gate is completely open; there are no security guards and no wardens. On behalf of the local community, I ask the Government to assure the public that this park will remain completely open as it always has done, and that they will be able to wander in and out of this green space.
My right hon. Friend raises a valid point. That is absolutely at the kernel of the plans on which this vision rests. It is, of course, a planning matter, and I am not the Minister responsible for the planning process. It is a planning matter to be looked at. I think I have said all I can say on that.
I would like to correct one or two things. There was a review of alternative sites, and the comparisons were published. The Imperial War Museum was included in that analysis process. The square footage of the development represents just 7.58% of the overall surface area of the park; the park is 18,848 square metres, while the development is 1,492 square metres, which includes the memorial. Issues relating to air quality, traffic management, changes in policy and water table, among others, are in the purview of the Minister for Housing, Planning and Building Safety, my hon. Friend the Member for North East Derbyshire (Lee Rowley).
It is worthwhile quoting, if I may, an extract from the inspector’s report. As we know from cases in our own constituencies, the inspectorate is independent of Government. The inspector said that
“the development of the UKHMLC proposals since the publication of the HMC’s report”
has been
“very thorough. This has involved site selection, a public architectural competition, and after initial selection, a very detailed preparation of the proposals and their presentation,”
with formal public consideration by Westminster City Council and
“ultimately the more detailed evidence presented before the Inquiry.”
I concur with my right hon. and learned Friend the Member for Northampton North (Sir Michael Ellis) that to describe the process as flimsy, or say that Government and others seek to railroad a proposal through within five or 10 minutes of the idea being in somebody’s mind, stretches the definition—
Will my hon. Friend allow to make this important point, knowing the seriousness with which he takes the Buxton memorial? I do not want to stray too far into the planning issues, but he will know that the Buxton memorial is listed. As a result of being a listed structure, it is a material planning consideration when any new proposal to set something alongside it is taken into consideration. The design and the layout are entirely set out to ensure that the memorial is subservient to the Buxton memorial, given both its heritage and listed status.
I do not dispute what the Minister has just said, but previously he quoted the planning inspector. The inspector did not see the comparison between the top three sites recommended by the consultants or the light-bulb moment when someone involved wrote to a member of the Government saying, “Have you thought about Victoria Tower Gardens for the memorial?”, not for the learning centre as well. The inspector did not see that, I have not seen it and the Minister has not seen it—it did not happen.
The planning inspector did the work that statute places upon them, to allow them to make a clear recommendation back to Government on how this application should be determined. The inspector saw all documentation that was germane to that appeal process and, of course, could have called for additional documentation if they so wished. I say gently and respectfully to my hon. Friend the Father of the House that I appreciate he does not like the outcome of the process and that he never will, but trying to cast a whole variety of assertions about how we arrived at the outcome, using questions about procedure and process, is not particularly helpful on an issue that clearly commands the support of the majority of the House. My advice to the House would be to tilt at windmills where they exist, of course, but where they do not exist, do not seek to create them.
I reiterate what I said in response to the invention by my hon. Friend the Member for Cities of London and Westminster. Setting aside the relevant section of the 1900 Act is necessary to bring forward, in land use and planning terms, the proposal that will eventually be before us. It does not—let me say that again, it does not—establish a precedent for any public body or Government Department, nor does it create a precedent that can be relied upon in law, at judicial review or elsewhere, for private sector developers or joint venture partners with the public sector to base their argument on the proposal. They will not be able to say, “Ah well, this portion of Victoria Tower Gardens was allowed for this purpose, therefore the Government have opened up a Pandora’s box.” To mix my analogies, this does not create a Trojan horse either. It is not a Trojan horse bearing a Pandora’s box. Any application would need to be judged on its merits. I want to make that abundantly clear, because I know that it is an important point for my hon. Friend the Member for Cities of London and Westminster.
Many questions have been raised around costs, which are not necessarily an issue for this Bill per se. I will not test the patience of the House by saying that the public sector is tried and tested and reliable, with its letters of contract and contract managers, but everything seems to overrun. I say politely to the House that, of course, costs have gone up over the past nine years, since this idea was first mooted. And, of course, costs will go up still further the longer that we delay.
May I make two philosophical points, Sir Roger? First, whoever is monitoring the delivery and the budget management on this will, with due and proper cognisance to the public finances, be as resolute as they can be to ensure that proper contractual obligations are followed and that budgets are met and not exceeded. One would expect to see a contingency on something such as this, and, indeed, those costs will ebb and flow as the cost of materials rise and fall, and the cost of labour changes and the like.
Does the Minister not share my concerns about costs? It was £50 million in 2015. It is now estimated at £138 million. He has already said that the cost is likely to go up even further. Are we really writing a blank cheque for this scheme?
My hon. Friend is right, and I will thank him properly on Third Reading, but may I just put on record at Committee stage my thanks to him for the work that he did chairing the Select Committee that looked into all of this? It did a thorough piece of work and I am hugely grateful to him and to colleagues who gave up so much of their time.
Yes, costs have gone up. I say this as somebody who has spent some considerable time looking at development costs in the private sector. Sometimes we can look at things in the public sector and say, “How on earth have they arrived at this particular figure?” But the National Audit Office, the Public Accounts Committee and others will keep a very clear view on that, and they are right to do so.
I say this to my hon. Friend: we want to commemorate and memorialise a horrible period in our world history, and ensure that education can be provided so that the mistakes of the past are hopefully not repeated in the future. I do not make this point to be flippant, but what cost can be put on that, given the scale and the seriousness of the task that we have in front of us?
My hon. Friend will clearly be aware that when the original proposals were put forward back in 2015-16, the design of the memorial and the education and learning centre had not been considered. Therefore the budget that was set then, before the design work was done, was clearly going to be inadequate for the type of facility that we are talking about. Given that we are in those circumstances, he is right that we will need to take a clear position on keeping to costs and keeping to the contract prices. Equally, there is the provision of private sector investment, to which my hon. Friend will no doubt refer. Does he agree with me that, in all these developments, until such time as spades go in the ground, investors are very unlikely to make contributions until they see something really happening.
In broad terms, my hon. Friend is absolutely right in the way that he sets out how these things will work. I am grateful to him for making his point in the way that he did.
Reference was made to some astronomical sum of money that has already been spent. I think I heard the figure £40 million. A total of £18 million has already been spent. I did not recognise the £40 million figure when it was uttered by, I think, my hon. Friend the Member for Worthing West, so I checked with my officials. Nobody in the Department recognises that figure. He may want to write to me with the details, but it is not a figure that we recognise.
The Minister makes an important point about how important it is to be able to have a moment of reflection. As I said, when I visited the Holocaust galleries at the Imperial War Museum, I personally came out of the museum feeling that I needed somewhere to sit and reflect. Surely that is one reason why, as I and others have advocated, the Imperial War Museum is the right place for this memorial.
Let me say this to my hon. Friend: before coming to this place, I heard in my professional life—I have also heard this in my political life, as I am sure many of us have—“Do you know what, I think this is a fantastic idea. Gosh, I think it’s good, and I know an absolutely marvellous site, two and a half miles away from where you want to develop it. It would be so much better there. My goodness me, it would stand out absolutely beautifully, but don’t do it here. Don’t do it in my backyard.” It is my hon. Friend’s backyard, given that this is her constituency.
As I said earlier, there was a comparison of sites, and Victoria Tower Gardens was alighted upon. It is as close as one can get it to the heart of our democratic function. My hon. Friend the Member for Worthing West said something that I thought was uncharacteristically Tory. I wish my right hon. Friend the Member for North East Somerset (Sir Jacob Rees-Mogg) had been in his place. I think he would have leapt to his feet, as much as anybody of his age can leap to their feet.
Will the Minister give way?
Let me finish this point, and then of course I will. My hon. Friend the Member for Worthing West dismissed in some Cromwellian way—I say this slightly tongue in cheek—the fact that the first bit of our parliamentary democracy that visitors would see is the House of peers, as if it were in some way a second-tier part of our bicameral system.
We will have no heckling from the SNP, thank you very much. It is where the throne sits. It is where the power of this place emanates from. Parliament and the Crown are interlinked.
On a point of order, Sir Roger. There are only two minutes left, and I had hoped to wind up the debate.
I just wanted to point out that I was listening to my hon. Friend the Member for Worthing West (Sir Peter Bottomley) carefully, and thought that he made an absolutely brilliant speech.
I would have thanked my right hon. Friend for that intervention, but now I do not think that I will. My apologies—I thought that I had until six minutes past 7 to conclude, when I thought the Father of the House was due to wind up.
In that case, I draw my remarks to a close by urging right hon. and hon. colleagues to oppose the amendments, to move this important proposal through, to provide a suitable memorial and education centre, not to give way to the mob, and to stand up for the very best of what it means to be a British democrat.
I beg to move, That the Bill be now read the Third time.
Mr Deputy Speaker, may I begin by thanking you and your fellow Deputy Speakers for chairing proceedings in Committee so expeditiously? I thank all right hon. and hon. Members, on both sides, who took part in the debate, which was informed, sensible, probing and proper.
I thank the officials, who have worked diligently and with the efficiency and professionalism that anybody who has been a Minister now comes to expect, almost as a matter of course, from our wonderful civil service. I thank Paul Downie, Helen Jones, Ruby Hatton, Emma Morrison and Sally Sealey for all that they have done during the progress of the Bill. I particularly want to thank my private secretary, James Selby, for all that he has done to ensure that everything was in order.
It would be remiss of me not to thank Ed Balls and my noble Friend Lord Pickles for all that they have done to progress this idea. I also thank those hon. Members who so willingly and diligently gave of their time on the Bill Select Committee: my hon. Friend the Member for Carlisle (John Stevenson), who chaired it with his customary wit and professionalism, the hon. Members for Selby and Ainsty (Keir Mather) and for Kingston upon Hull East (Karl Turner), and my hon. Friends the Members for Guildford (Angela Richardson) and for Great Grimsby (Lia Nici). The House owes them all a debt of gratitude, as do the Government, and I repay that debt wholeheartedly and fully now.
I also thank those who gave of their time in preparing their case. Those opposed to the proposal, either in whole or in part, gave of their time to appear before the Committee, and in so doing they exercised the right to be heard without fear or favour and to be cross-examined fairly by elected democrats in this place. That is actually what all of this is about: the triumph of good over evil; of light over darkness.
The challenge, real as it was, that the cloud of Nazism cast over the continent of Europe, and that the horror the Nazis unleashed against people merely because of their faith and belief, came so close to extinguishing those precious lights of religious freedom and democratic institutions, as well as freedom of speech, freedom of association and freedom of thought.
The Holocaust memorial will stand as a testimony to that; a visible beacon to specific visitors as well as to casual passers-by. It will provide a time to pause and reflect, and to redouble our efforts and make again the solemn and precious vow: “Never again.”
Those who make a visit to the education centre—hopefully many of our young, but not exclusively our young—will come away with a renewed determination to learn from the horrors of the past, to understand in some clearer detail the depths that humankind can plummet against members of its own species, to make again that eternal vow of never again, and to learn from the mistakes of the past. The synergy of the education centre and the memorial, juxtaposed to each other and adjacent to this sovereign democratic Parliament, is so important, as is the setting in a busy part of the city of Westminster, with bustling traffic, pedestrians and, as my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) and others said in Committee, families and children enjoying the open space provided in central London that is Victoria Tower Gardens.
What could be more uplifting than the laughter of children at play? What could be a happier sight than families enjoying leisure time together? We will reflect, when we think of those scenes, of the families ripped apart by the Holocaust, of the children torn from their parents, and the husbands separated from wives, to go into a cattle truck of darkness, not knowing where one was going, why one was going or what in the name of all that is holy was happening, merely because of a sign of faith and a belief in Yahweh. I hope that all those who visit will, as they see children at play and happy families, think of how many families were destroyed.
The imperative to deliver this memorial remains ever pressing. Those who either were part of the Kindertransport —I think of Lord Dubs and others—or are of the generation who have contemporary memory, even from a very young age, are ageing and dying. It is so important, even with a small and dwindling cohort of the real-time survivors, that they can draw spiritual comfort from the fact that we do not forget, that we do remember and that we do recommit not to repeat.
I am grateful and the Government are grateful to the Opposition for their support during the Bill’s progress. The commitment was first made by the then Prime Minister, my noble Friend Lord Cameron of Chipping Norton way back in January 2015. The Bill has ebbed and flowed, but throughout those ebbs and flows, it has continued to enjoy cross-party support and support from the range of political parties of this place and elsewhere, different parts of civic society and a huge variety of our faith communities.
We acknowledge the concerns of those who think there is a better site and those who are concerned about the size of Victoria Tower Gardens, the impact the development may have on its character, or the precedent the Bill may create. I hope that I addressed those points as best I could in Committee, cognisant of the fact, which it is probably worthy of reminding ourselves of and which the hon. Member for Greenwich and Woolwich (Matthew Pennycook) alluded to in his kind and supportive remarks towards the end of Committee, that while many of the concerns were totally legitimate, they were germane to the planning process, not the progress of the Bill.
I hope the House knows me well enough to take as gospel when I say that the Minister for Housing, Planning and Building Safety, my hon. Friend the Member for North East Derbyshire (Lee Rowley) and I have meticulously safeguarded clear lines of demarcation between progressing this Bill through the House of Commons and issues related to planning. I can say, hand on heart, that my hon. Friend and I have not exchanged a single word about the Bill, the site or the proposal. It is important to stress on Third Reading that we have clearly understood and respected throughout probity, understanding the difference in the various powers and the quasi-judicial function that sits behind the planning process.
As this is a hybrid Bill, the Select Committee heard from petitioners against the Bill and raised questions in its report about how Victoria Tower Gardens were chosen. We have discussed the cost of the project, and we take seriously the security implications. I thank the Committee for its report, and I hope that it welcomed my response, which was published recently. The security of our fellow citizens is one of our clear and primary duties. I have no doubt that there will be challenges in that arena, and dynamic solutions will be needed.
For absolute certainty, I echo the point made so ably by my hon. Friend the Member for Brigg and Goole (Andrew Percy): the day must not come when the decisions of where and how we site our memorials is dictated to, the whip hand is given and the fiat is acknowledged from a group of unaccountable people who believe that those who shout loudest, waive the most banners, cause the most disruption and generate the most vandalism will prevail, because the state has neither the nerve nor the spine to stand up to them to say what we think is right, that we cherish it and that we will support it with all that we can. I make that commitment to the House and to the country today.
We will not be, nor should we be, dictated to by those who are fundamentally anti-democratic, who will not take no for an answer and will accept only victory and never defeat. We say to them, “Not here, not now, not ever.” To give ground on that would fundamentally change this place and our democratic functions. As we approach that most important of democratic functions on 4 July, it is a time for all of us who honourably wear the badge of democrats to stand up for our shared values, irrespective of political difference. [Interruption.] I think the hon. Lady for Bath wishes to intervene.
In that case, I will not let the hon. Lady intervene. [Interruption.] Who was that? My hon. Friend the Member for Winchester (Steve Brine) chunters from the Back Benches up until the end.
I think that we have lost sight of the fact that the proposals were considered at a detailed and independent planning inquiry. Set against the thorough work of the Committee and the time that has elapsed since 2015 when the proposal was first given voice, that fundamentally undermines the accusation of railroading by Government. The planning inspector considered a great deal of the evidence and looked in significant detail at matters such as the impact on Victoria Tower Gardens and, crucially, the Buxton Memorial and other existing memorials. The inspector concluded that any harms to heritage assets were outweighed the public benefits of the scheme. The design and the layout will take the right approach to respecting those existing monuments, particularly those which are listed. As I have said, the planning process is the correct way to consider these issues. It is not necessary—indeed, it would not be right—for debates on the Bill to become concerned with the minutia of planning matters.
Let me say again, on Third Reading, that the Bill deals with a very narrow point in the London County Council (Improvements) Act 1900. That was the only issue that was found to be an obstacle to construction in Victoria Tower Gardens. Let me say again for the convenience of the House and for the certainty of those outside, the Bill creates no precedent in its alleviation of the clause within that Act. It sets no precedent elsewhere in Victoria Tower Gardens, or elsewhere.
We regret to recall that antisemitism is at record levels. The devastatingly clear speech delivered by the Secretary of State for Levelling Up, Housing and Communities, my right hon. Friend the Member for Surrey Heath (Michael Gove), just yesterday put that into very clear view. A great grandson of the survivor Lily Ebert has said:
“When we no longer have survivors like Lily among us, this memorial will help to ensure that their experiences are never forgotten. We can create the next generation of witnesses.”
We must do that to ensure that the pernicious weed of antisemitism can be grubbed up and that the stain that it is on some sections of society is removed.
Let me conclude as I began, by expressing my thanks to Members for their contribution on Second Reading, in Committee and on Third Reading. I am grateful to the Clerks of the House, as always, for supporting the smooth running of the Bill, and to the Holocaust memorial team in my Department for their policy and Bill management support. I look forward to watching the Bill’s progress in the other place from this place. I commend it to the House.
(3 months, 2 weeks ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the Holocaust Memorial Bill 2022-23 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
That the Bill be now read a second time.
My Lords, many noble Lords will be familiar with the Bill we are debating today and will remember that it was previously introduced in the previous Parliament. We have reintroduced the Bill for the same purpose that it was first brought forward by the previous Government: to help ensure the victims of the Holocaust will never be forgotten.
This horrendous crime—the murder of 6 million Jewish men, women and children—was an attempt by the Nazi state to eliminate an entire people. If we are to honour those families, communities and individuals, we must constantly ask ourselves: how did it come about? What was the context within which such hatred could grow? How did it happen that people could turn with such violence upon their neighbours? What led a Government to plan and execute the murder of millions?
A new national memorial to the Holocaust, with an integrated learning centre, will enable future generations to ask and answer those questions for decades to come. It will be a focal point for remembering the 6 million Jewish men, women and children, and all other victims of Nazi persecution, including Roma, gay and disabled people. That is why we supported the Bill in Opposition and are promoting it today.
I want briefly to explain how we arrived at this moment, and pay credit to all those who supported the project until this point. In particular, I thank those involved in the work of the Holocaust Commission, launched by the noble Lord, Lord Cameron of Chipping Norton, when he was Prime Minister. It was the recommendations of that commission, set out in its 2015 report, which called for a
“striking and prominent new National Memorial”,
which should be
“co-located with a world-class Learning Centre”.
In the years since, the UK Holocaust Memorial Foundation has done extensive work to find a suitable location. Since Victoria Tower Gardens was identified and the design team of Adjaye Associates, Ron Arad Architects and Gustafson Porter + Bowman was appointed, the project has consistently benefited from strong cross-party support. Since 2018, that support has, of course, been led by the noble Lord, Lord Pickles, and the right honourable Ed Balls through the UK Holocaust Memorial Foundation, building on the work of the commission, which itself received almost 2,500 responses to its call for evidence.
The design of the Holocaust memorial and learning centre is itself the product of an international competition, with hundreds attending the exhibitions of the short-listed entries and then the winning design. A detailed planning application was then submitted to Westminster City Council at the end of 2018, with around 4,500 comments submitted online. Then, the 2019 call-in by the Minister led to a planning inquiry, chaired by the inspector, which received almost 70 oral representations. Throughout this process, views have been properly considered, and will continue to be properly considered as future decisions are taken.
In this time, the project has benefited from the support of academics, including Michael Berenbaum and Professor Stuart Foster; teachers and educators such as Ellie Olmer and Martyn Heather, the director of education for the Premier League; religious leaders, including both the Chief Rabbi and the most reverend Primate the Archbishop of Canterbury; and, of course, the voices of many Holocaust survivors.
I also stress that I accept there will never be universal support, and I want to assure the House that, for those who oppose the project, I will always be available to listen to, engage with and respect any concerns about this Bill. Indeed, I note that the noble Baroness, Lady Deech, has tabled a regret amendment that the Bill does not include certain provisions or deal with particular issues. This brings us neatly to an explanation of the Bill’s provisions, following which I will pick up on the points that the noble Baroness raises in her amendment.
The Bill is before the House to provide parliamentary authority for spend on the project and to address the view of the High Court, which said that Section 8 of the London County Council (Improvements) Act 1900—the Act which saw the creation of Victoria Tower Gardens in more or less its current form—is an obstacle to construction. Clause 1 seeks powers to enable the Secretary of State to provide funding for the construction, maintenance and operation of a Holocaust memorial and learning centre. It is a long-standing convention that Ministers should have adequate and specific legal authority to commit funds to significant new activities.
Clause 2 seeks to address the statutory obstacle inherent in the 1900 Act. I would like to spend a few moments explaining precisely what Clause 2 does and does not aim to achieve. The clause, if enacted, would provide that the 1900 Act should not be a barrier to the construction or operation of the Holocaust memorial and learning centre. The clause does not seek to repeal any part of the 1900 Act. I want to make clear that we are not seeking to overturn the guarantee that Parliament gave 124 years ago that Victoria Tower Gardens should remain protected,
“as a garden open to the public”.
The Government remain firmly committed to retaining and, indeed, improving the gardens, ensuring that all users of the gardens can continue to enjoy them. There will, of course, be some loss of space as a consequence of building the memorial, but the remaining area is more than 90% of the current space. Visitors to that 90% of the gardens will, as a result of this project, enjoy improved lawns with better drainage, more varied planting, more accessible seating and new boardwalks alongside the River Thames.
Clause 3 deals with extent, commencement and the Short Title.
In the previous Parliament, the House of Commons made clear that it wished the Bill and the project to proceed. We now have the opportunity in this House to give the same clear message. I am delighted that, as a new Government, we can also make very clear our support for this project. I confirm that the Deputy Prime Minister and Secretary of State will continue to promote the planning application put forward by her predecessor to ensure that it is built.
It is important to note that this Bill does not provide powers to build the Holocaust memorial and learning centre. Planning consent must be obtained through the separate statutory process, which takes full account of the need to assess in detail all aspects of any development and to hear from both supporters and opponents. I have already referred to the consultation carried out as part of the planning process, one of the topics the noble Baroness, Lady Deech, asks in her Motion for the Bill to cover. Similarly, the process for site selection and appraisal and all matters relating to security have been scrutinised through the planning process, including at a public planning inquiry.
On project costs, a statement of expected costs was published by the then Government at Second Reading of the Bill. Forecast costs will continue to be reviewed and agreed with the Treasury in the normal way.
I will endeavour to respond in more detail in my closing speech to these and other points made by noble Lords in the course of the debate.
The proposal for a Holocaust memorial and learning centre at Victoria Tower Gardens will demonstrate the significance of the Holocaust to the decisions we take as a nation. I referenced Holocaust survivors earlier and, as I finish, I want to tell the House about a personal motivation for why I am so keen to see that the memorial is built. Throughout my life and the lives of Members of this House, we have all heard direct, first-hand accounts of the Holocaust from those who were there. They are stories which were often deeply painful to relate but were told by survivors who knew the importance of sharing their testimony. Sadly, the opportunity to hear first-hand testimony will not be available for future generations. Each year, we are losing more and more Holocaust survivors. Last year, Holocaust survivor and staunch supporter of the project Sir Ben Helfgott died, and we know that not seeing the Holocaust memorial and learning centre built in his lifetime was a great sadness to him. Earlier this year we saw the passing of Henry Wuga MBE and Hella Pick CBE, who both escaped Germany on the Kindertransport and made their homes here. For those courageous survivors who fear that attention will fade after their departure, the Holocaust memorial and learning centre provides strong reassurance.
The history of the Holocaust will always be important to Great Britain, and in an age of increased disinformation and misinformation, this memorial and the learning centre will mean that history continues to be told, and respected, long after its witnesses are no longer with us. As the great-grandson of a 100 year-old survivor, Lily Ebert, said
“When we no longer have survivors like Lily among us, this memorial will help to ensure that their experience is never forgotten. We can create the next generation of witnesses”.
I beg to move.
My Lords, it is a great pleasure to speak on behalf of the Opposition in response to this Bill and I welcome the Minister to his place. We support the Government’s decision to press ahead with plans to deliver a Holocaust memorial and learning centre that will stand as testament to the horrors of the Holocaust and the evils of anti-Semitism and will support the education of a new generation. When the Holocaust memorial was first proposed, my noble friend Lord Cameron of Chipping Norton made a solemn commitment to the survivors of the Holocaust, saying that
“the past will never die and your courage will never be forgotten”.
We must make good on that promise.
Some 11 years have passed since my noble friend made that promise and had the vision for a Holocaust memorial and learning centre. Even though I have listened to all the debate this afternoon, you would not believe that a lot of progress has been made to deliver this. To that end, I thank my noble friend Lord Pickles and his co-chairs of the memorial foundation for their continued unwavering support to take that vision forward. I would like to say how sorry I am that the noble Lord, Lord Pickles, has not been able to take part in the debate today, but I thank the noble Baroness, Lady Harding of Winscombe, a member of the foundation, for speaking so passionately about the project.
I know that many noble Lords have concerns about the location, design and the security of the new Holocaust memorial and learning centre, which I will speak to in a moment, but I begin by reminding the House again that it is now over a decade since this was first promised. It should be our goal to deliver on our promise as soon as possible, in particular so that Holocaust survivors who are still with us can be part of this important project. It is in that context that the new national Holocaust memorial and learning centre must be delivered urgently and we will support the Government as they make progress with this Bill.
Noble Lords have raised concerns about the decision to build the memorial and learning centre on the Victoria Tower Gardens site and Ministers must listen to these. The Opposition support the Government’s work to establish the memorial here in Westminster, right in the heart of our democracy. I think we should listen to Ed Balls and the noble Lord, Lord Pickles, the co-chairs of the Holocaust Memorial Foundation, when they state:
“Victoria Tower Gardens, at the heart of Westminster and alongside the great symbol and heart of our democracy, is absolutely the right place to construct the national Memorial to the Holocaust”.
Again, I quote the Chief Rabbi, who said that the venue was “inspirational”, arguing that it was the
“most wonderful location because it is in a prime place of … prominence … at the heart of our democracy”.
That is why I believe that the gardens are the right location for this project, but it must be delivered in the right way. I reiterate my noble friend Lord Effingham’s question: will the Minister provide the House with clarity on exactly how much of the park will be taken up by the new memorial and learning centre? Will he also reassure the House that disruption to the park will be minimised, so that people will not be deprived of the use of it for any longer than is necessary? While it is right that we hold the Government to account in this place, I know that those noble Lords who have concerns will surely agree that making a clear statement of our commitment to remember the Holocaust, to learn from the past and to build a future without anti-Semitism is a worthy one.
Several noble Lords have also put questions to the Government on the congestion and disruption that will be caused both in the construction process and by increased visitor numbers to the site. It is crucial that Ministers engage constructively to mitigate the impacts of works to build the centre and of the increased number of visitors to the area. We will be holding the Government to account on their plans for these issues.
We have heard concerns about security. In Government, we worked—I worked—hard to address these issues, but it is important that this House is kept informed as things move forward. Security is a moving issue and noble Lords need to be kept informed as changes are made and challenges come forward. Will the Minister undertake to provide the House with as much information as possible to those noble Lords who have raised these concerns, so they can be assured that the Government are looking at this and that those security issues are being dealt with?
Before I finish, because I do not want to keep the House much longer tonight, there are a number of other points that I would like the Minister to clarify, because if they are that will help the House to support this important project. First, will the Government commit to continue engaging with noble Lords who have concerns about the plans, not just as a one-off? We did not have many at the engagement earlier this week but, if we can continue that, the more information noble Lords have, the better I think they will feel about this project. Also, have the Government assessed the expected date of completion of the centre? If we can see an end to this project, it will be an important symbol. What plans do the Government have to mitigate, as I said, the congestion caused by this construction work and the increased footfall around Victoria Tower Gardens?
The Opposition support the Bill and wish to see our new national Holocaust memorial and learning centre delivered as soon as possible, mainly so that those Holocaust survivors who are still with us can be part of the project. In my two years as the Minister responsible, I met many survivors, but I am also sad to say that many I met are no longer with us. I urge this Government to get this project built and off the ground, please, and let us have some Holocaust survivors at the opening. That is what I will support them to deliver. This is a landmark project that will stand as testament to our commitment never to forget the Holocaust and, as I said, the Opposition support the Bill.
My Lords, I am grateful to noble Lords from across the House for their powerful contributions on this important Bill. It is heartening to hear cross-party support from across the House, but I also want to recognise the strong feelings, for and against, and respond to the concerns raised by noble Lords. Given the lengthy consultations and public inquiry that have taken place over the past decade, many of these concerns have been responded to previously, but I want to take time to go over a few of the specific points made.
On a broader point, I first draw attention to the planning inspector’s conclusion that the civic, educational and social public benefits of the proposal “outweigh the identified harms”. I also want to reference the separate process for the designated Minister to consider next steps in retaking the planning decision, which is a completely separate process from the Bill. On that, I can tell the House that arrangements are in place within the department so that the designated Minister remains isolated from the Holocaust memorial project and can make planning decisions in a fair, transparent and unbiased way.
As this is a hybrid Bill, there has also been an opportunity for those who are directly and privately affected to petition against it, and for those petitions to be considered by a Select Committee, both in the House of Lords and in the other place. In the Commons, the Select Committee heard eight petitions and decided not to amend the Bill. Eighteen petitions have been received in the Lords and will be referred to a Select Committee for consideration following this debate. Those opposed to the planned Holocaust memorial and learning centre have had every opportunity to make their comments known.
Moving on to specific concerns that were raised, the noble Baronesses, Lady Noakes and Lady Bottomley, the noble Lord, Lord Carlile, the right reverend Prelate the Bishop of St Albans, the noble Viscount, Lord Craigavon, the noble Lords, Lord Howarth, Lord Sandhurst, Lord Strathcarron and Lord Sassoon all talked about the security risk, as did the Opposition Benches. The Holocaust memorial and learning centre will have security arrangements similar to many other public buildings in Westminster. We are working with security experts, the National Protective Security Authority and the Metropolitan Police to ensure that the site has the necessary level of security measures.
Based on this expert advice, physical security measures will be incorporated into the memorial and landscaping which will meet the assessed threat. Expert advice has also informed our proposed operational procedures, which will be reviewed and updated routinely in response to current threat assessment.
Full security information was submitted as part of the planning process, but in the interest of safety and security it was not included in the public planning information. It would be completely unacceptable to build the Holocaust memorial in a less prominent location simply because of the risk of terrorism, a point made by many noble Lords. That would amount to allowing terrorists to dictate how we commemorate the Holocaust, as many noble Lords said.
Noble Lords will understand that there are good reasons why the details of security arrangements cannot be shared widely. We have relied and continue to rely on advice from the appropriate security experts. Nevertheless, I recognise that the noble Lord, Lord Carlile, has a great deal of expertise in these matters and he is absolutely right to draw attention to the need for proper security arrangements. I will be very happy to arrange a private briefing for the noble Lord with members of the project team to discuss the security arrangements we are proposing. My office will be in touch with him soon.
A number of noble Lords alluded to the content of the learning centre, including the noble Lords, Lord Mann, Lord Goodman, Lord Blencathra, Lord Austin and Lord Verdirame, the noble Viscount, Lord Craigavon, and the noble Baroness, Lady Fox. The exhibition will confront the immense human calamity caused by the destruction of Jewish communities and other groups. The learning centre will also address subsequent genocides in Cambodia, Rwanda, Bosnia and Darfur. The exhibition will examine the Holocaust through British perspectives, looking at what we did and what more we could have done to tackle the murder and persecution of the Jewish people and other groups. The content for the learning centre is being developed by a leading international curator, Yehudit Shendar, formerly of Yad Vashem, supported by an academic advisory group, to ensure that it is robust, credible and reflects the current state of historical investigation into and interpretation of the Holocaust.
Noble Lords across the House—including the noble Baronesses, Lady Noakes and Lady Bottomley, the noble Lords, Lord Kerr, Lord Strathclyde, Lord Balfe, Lord Inglewood and Lord Sassoon, and the noble Viscount, Lord Eccles—asked why Victoria Tower Gardens was chosen. Victoria Tower Gardens was identified as a site uniquely capable of meeting the Government’s aspiration for the national memorial and learning centre. It is close to buildings and memorials that symbolise our nation and its values. It is the most fitting location in terms of its historical, emotional and political significance, and its ability to offer the greatest potential impact and visibility for the project. The view of Parliament from the memorial will serve as a permanent reminder that political decisions have far-reaching consequences. It will encourage all UK citizens, and visitors of all nationalities, to reflect on the lessons of the past.
The noble Baroness, Lady Deech, and the noble Lords, Lord Howard, Lord Howarth and Lord Black, spoke about the adverse impact on the park, trees and playground. The design is sensitive to the heritage and existing uses of Victoria Tower Gardens. It uses approximately 7.5% of the area of Victoria Tower Gardens, while making enhancements to the remainder of the park that will help all visitors, including better pathways and improved access to existing memorials. The memorial will be positioned to minimise the risk of damage to tree roots, and great care will be taken with the trees during construction. The play area will be retained and redesigned to make better use of the space and a more attractive play environment.
Many noble Lords across the House alluded to the issue of size. The figures of 7.5% for open space loss and a 15% reduction in green space were calculated using architects’ scale drawings of the site. A detailed breakdown of these figures was published in April 2023 in response to a Parliamentary Question from the noble Baroness, Lady Deech, and supporting documents were placed in the Library of the House. It was a matter of common ground between parties at the planning inquiry, as noted in the inspector’s report at paragraph 15.79, that the actual loss of open space, principally as a consequence of the entrance pavilion and courtyard, was 7.5%. Extensive information about the Holocaust memorial and learning centre, considered at the planning inquiry, remains publicly available on Westminster City Council’s website.
On the points made about the increase in traffic, the majority of the visitors to the memorial are expected to be visiting the local area and arriving by bus or tube, with just a short additional walk along Millbank to the memorial. We estimate that there will be 11 coaches per day, using a proposed coach bay on a quieter section of Millbank, which will minimise disruption to traffic and pedestrians. Coaches will use these bays only to drop off and pick up passengers, not to park while visitors are in the exhibition.
The noble Baronesses, Lady Pinnock and Lady Noakes, referred to consultation regarding potential sites. The UK Holocaust Memorial Foundation engaged with a wide range of organisations, including the Royal Parks, Holocaust commemorative and educational organisations and London boroughs, as well as directly commissioning the advisers to identify potential sites. The foundation also published a document, National Memorial and Learning Centre: Search for a Central London Site, inviting all interested parties to put forward expressions of interest. General public consultation was not carried out at the stage of recommending a preferred site because at that point, there were no clear proposals for what a memorial would look like and how it would sit within Victoria Tower Gardens.
A number of noble Lords, including the noble Lords, Lord Strathclyde, Lord Howell and Lord Sandhurst, mentioned the possible adverse effect on the Buxton Memorial. The planning inspector concluded that the development will not compromise the outstanding universal value of the world heritage site. The Buxton Memorial will be kept in its current position; the views of it will be preserved, and new landscaping and seating will be added to improve the setting, viewing experience and accessibility. The Holocaust memorial will be no higher than the top of the Buxton Memorial. The memorial’s bronze fins step down progressively to the east, in visual deference to the Buxton Memorial, where they are closest to it.
On cost, an issue raised by the noble Viscount, Lord Eccles, the noble Lords, Lord Lisvane, Lord Goodman and—
During construction, where will the access point be for all the lorries that will take out the soil and the debris and bring in the building materials? The Minister has not answered that question.
I will address the noble Lord’s individual concern after I talk about the more specific concerns.
Updated costs of £138 million were published in June 2023, so that Parliament and all interested parties could have a complete picture ahead of important debates on the Holocaust Memorial Bill. It is deeply regrettable that delays to the programme have led to increased costs. With construction price inflation at high levels, the delays arising from the High Court’s decision to quash planning consent have inevitably added to the programme costs.
The noble Lord, Lord Russell, talked about the scope of the hybrid Bill and the Select Committee. The Bill does not include powers to construct the memorial and learning centre but deals with a narrow point in the London County Council (Improvements) Act 1900 that was found to be an obstacle; it focuses on that in particular. Had the Select Committee considered matters that fall within the scope of the planning decision-making process, it would have risked important matters being addressed in a partial and potentially unfair manner, in particular risking that the voice of supporters of the Holocaust memorial and learning centre would not be heard.
The noble Baroness, Lady Pinnock, asked how the design was decided. There was a competition, and 10 design teams were shortlisted, with 92 entries, in 2017. It was announced that Adjaye Associates, Ron Arad Associates, and Gustafson Porter + Bowman were the winning team. On the concern of the noble Baroness, Lady Deech, about the allegations against Sir David Adjaye, I note that Adjaye Associates stated that Sir David will not be involved in the UK Holocaust Memorial Foundation project until the matters raised have been addressed.
The noble Baronesses, Lady Pinnock and Lady Deech, and the noble Lord, Lord Lisvane, talked about public consultation not being enough. Ahead of the planning application, public consultations were held to gather feedback from local residents and the wider public. Around 4,500 responses were submitted to the planning application and, at a publicly held planning inquiry, many people spoke for and against the proposals. Planning processes ensure that all affected parties have the chance to make their views known on proposed developments, including this proposal. Consultation on the Holocaust memorial and learning centre has been extensive and thorough.
To the noble Baroness, Lady Scott of Bybrook, I say that the construction phase is expected to last three years, with a further six months for fitting out. Provision has been made to ensure that as much of Victoria Tower Gardens as possible is open to users during construction works. This includes the riverside walk and the northern area of grass around the “Burghers of Calais” and up to the Houses of Parliament perimeter. The team will engage with specialist contractors from an early stage to ensure that works are well planned and disruption minimised.
The noble Baroness, Lady O’Loan, and the noble Lord, Lord Lisvane, referred to the National Audit Office’s July 2022 report on the project. We welcome that the National Audit Office has addressed all its recommendations. It recognised the challenges we face in managing cost pressures in the context of inflation across the construction sector and of disappointing delays arising from opposition to the planning application. It is important to say that the National Audit Office also recognises that governance arrangements are in place. The strategic benefits of the programme have been clearly identified and specialists with the necessary skills have been recruited to the programme.
A flood risk assessment concluded that Victoria Tower Gardens is heavily protected by the Thames river flood defences, significantly reducing the risk of flooding on site. The UK Holocaust memorial and learning centre will include rainwater attenuation measures and improvements to the surface water drainage within Victoria Tower Gardens.
Our aim is for the completion of the memorial to be witnessed by Holocaust survivors—a very important point that a number of noble Lords made and that the noble Baroness, Lady Scott of Bybrook, summarised on behalf of the Opposition. Subject to the Bill passing and planning permission being regained, we aim to begin construction in 2025 and to open in 2029. It is a source of deep regret that delays to the programme will mean that fewer Holocaust survivors will have the experience of seeing the memorial open in their lifetime.
On the impact of visitors, our projections are that, based on the number of people visiting Westminster, the maximum number of visitors to the memorial will be around 500,000 per year.
A number of noble Lords, including the noble Lord, Lord Mann, and the right reverend Prelate the Bishop of St Albans, talked about work in relation to the restoration and renewal programme team. The team met regularly to share information and co-ordinate plans to reduce potential impacts. The memorial site is at the southern end of the gardens and need not prevent the use of the gardens by the restoration and renewal programme. Subject to the Bill being passed and obtaining planning consent, we expect construction in 2025, as mentioned. Parliamentary works to the Victoria Tower are expected to start then, and more comprehensive restoration and renewal works are subject to the approval of Parliament and costed proposals in 2025.
A number of noble Lords asked why we could not build at the Imperial War Museum. Victoria Tower Gardens was identified as a site uniquely capable of meeting the Government’s aspiration for the national memorial. The Imperial War Museum has endorsed our proposal, as has been mentioned. Matthew Westerman, the former chair of the Imperial War Museum’s board, is a member of the UK Holocaust Memorial Foundation. We will continue to talk with the Imperial War Museum about our plans. The learning centre’s exhibition will serve a different though complementary purpose to the Imperial War Museum’s Holocaust gallery. We are confident that the project will add to the excellent existing provision on Holocaust education.
The learning centre will provide essential context to the memorial. The Holocaust Commission recommended that a new world-class learning centre should physically accompany the new national memorial. The learning centre will provide the opportunity to learn about the Holocaust close to the memorial, helping people to better understand how the lessons of the Holocaust apply more widely, including to other genocides.
The Government believe that young people should be taught the history of the Holocaust and the lessons that it teaches today. In recognition of its importance, the Holocaust is the only historic event that is compulsory within the national curriculum for history at key stage 3. Effective teaching about the Holocaust can support pupils to learn about the possible consequences of anti-Semitism and other forms of extremism. It is right that we also build this Holocaust memorial as a focal point for national commemoration and to demonstrate our commitment to ensuring that its lessons are never forgotten.
A number of noble Lords talked about the alarming rates of increasing anti-Semitism since 7 October in particular. Anti-Semitism has absolutely no place in our society, which is why we are taking a strong lead in tackling it in all its forms. Making sure that British Jews not only are safe but feel safe is one of our top priorities. The Government have committed further funding of £54 million to the Community Security Trust to enable it to continue its vital work protecting UK Jewish communities until 2028. That brings total funding for the Jewish community protective security grant to £72 million over the next four years.
Memorials alone cannot prevent anti-Semitism, but this memorial will play a part in reminding everyone where anti-Semitism can lead. It will be a reminder to us all, in Parliament and across the whole nation, of the potential to abuse democratic institutions to murderous consequences, and it will challenge us to stand up and combat racism, hatred and prejudice wherever they are found.
On the point made by the noble Earl, Lord Effingham —I welcome him to his place—the play area will be retained and redesigned to make better use of its space and a more attractive play environment. This will allow only a modest loss because of the project.
The noble Lord, Lord Lee, talked about the views of UNESCO, Historic England and others being considered at the planning inquiry. The planning inspector concluded that the development would not compromise the outstanding universal value of the world heritage site. On the comment by the noble Lord, Lord Howard, who said that the design was off the shelf, the memorial design was created specifically for Victoria Tower Gardens.
I just want to pick up some important points that the noble Lord, Lord Austin, talked about and the questions that he asked. Everything will be done to complete the project as quickly as possible, consistent with safety.
The noble Viscount, Lord Craigavon, talked about the learning centre being only digital. We will work with leading producers and designers to create a very powerful and informative digital exhibition. The noble Baroness, Lady Harding, talked about making full use of digital technology to enable young people across the country to learn more about the Holocaust and take advantage of the impressive new learning centre, showcasing the excellent work of the many other Holocaust education organisations.
I want to finish off with some brief comments. The High Court quashed planning consent on the basis that the London County Council (Improvements) Act presented a statutory obstacle to building in Victoria Tower Gardens. This is what we are debating today. The Bill seeks to remove the obstacle by providing that Section 8 of the 1900 Act should not prevent construction or operation of the memorial and learning centre. The aim is to clarify the position before a new decision can be taken by the designated Minister.
The planning application remains current and a new decision on it will be taken. Arrangements are in place within the department, as I said before, so that the designated Minister remains isolated from the project and can make planning decisions in a fair, transparent and unbiased way.
I close by thanking noble Lords across the House for their contributions in this important debate and for their support to deliver on the Government’s commitment, which is long overdue. As Holocaust survivor Susan Pollack said recently:
“I am 93 years old. My dream is to see this memorial and learning centre finally built and to see the first coachload of school children arrive and ready to learn. That is what it is all about. And, hopefully, those students will learn what happened to me and become beacons of hope in the fight against contemporary antisemitism”.
The Holocaust memorial and learning centre will draw on the history of the Holocaust to stress the importance of tackling intolerance and hatred at all levels. It will be a memorial that delivers this message for all people across the UK and the rest of the world, regardless of faith and background. We must lose no more time in building a Holocaust memorial and learning centre of which we can all be proud. I repeat the words of the noble Baroness, Lady Harding: it is shocking that, in 2024, we do not have a national memorial. Who we memorialise matters and what we memorialise matters. In the words of the noble Lord, Lord Cameron of Chipping Norton, the former Prime Minister, it is the right idea, in the right place, at the right time. I commend the Bill to the House.