(3 weeks, 3 days ago)
Grand CommitteeMy Lords, I have visited the Berlin memorial more than once. It is widely regarded as inappropriate and ineffective. People picnic on it, they bicycle around it, they dance on top of it. They do not know what it is and, of course, what good has it done in Germany? Where is Germany heading now? Look at the rise of anti-Semitism across Europe. There is no relationship at all between the position of a memorial and the effect that it has.
As for the contents of the learning centre, there will be an amendment later. However, Answers to the many parliamentary Questions I have asked have always said that the memorial will contain references to other genocides. This genocide or that genocide—the Government do not seem to know which ones but have always referred to others. It is only very recently that someone has said, “Oh, but the genocide of the Jews is more important than the others and shouldn’t be compared”.
My Lords, I am going to stick to the Bill in front of us, particularly the amendments in this group that relate to the future management of the Victoria Tower Gardens. Many noble Lords use the gardens frequently. I used to do so twice a day. Many use it often—every day. It is an important green space in the heart of our capital city and noble Lords are right to raise questions about the future management of the gardens. I know we will be debating the protections for the existing installations and trees in the next group.
During my time as a Minister in DLUHC, now MHCLG, I worked on the delivery of the Holocaust Memorial. We support the delivery of the memorial as soon as possible. It is almost a national shame that we are 10 years down the road and it is 80 years since the release of many people from those terrible camps. As I said last week, however, it is vital that the memorial is delivered soon, so that some of our survivors can still be with us. I just cannot imagine the opening of this memorial after so long without some survivors still to be there.
I was interested in the amendment of my noble friend Lord Eccles and Amendment 33 in the name of my noble friend Lord Blencathra. They raise important questions for the Government about who will manage the learning centre and the memorial. I will listen with interest to the Minister’s reply, as this is an important area where we deserve some clarity from the Government on the future direction of their project. However, my noble friend Lord Pickles is absolutely right. We do not have even planning permission yet, let alone the future management structure of the memorial and learning centre. It will be important for the body responsible for the memorial and learning centre to work with local communities as well. I am sure the Minister is listening to that. As we move forward, the two groups will have to work together regularly on what is happening at the centre and how the park is protected.
I am inclined to support the right reverend Prelate the Bishop of St Albans in his Amendment 22 on closures of the gardens. It is important that the gardens are not closed to local people too often. That can be discussed with local people on an ongoing basis. That happens all over this country where parks are sometimes used for community use, whereby the community talks to the people responsible for the park. I am sure it happens with the Royal Parks as well. Many people enjoy Victoria Tower Gardens regularly; we must consider their interests as we work to deliver the memorial.
I see an argument for the gardens being closed to the public on only a small number of days, and Holocaust Memorial Day would be one example. But the underlying theme here is that we must balance the rights of the different groups who use the gardens, and the right reverend Prelate’s amendment may help achieve that balance. However, it is inappropriate for that to be in the Bill. That is not what the Bill is about. As with many of the amendments that we shall debate today, these are planning considerations. I look forward to the Minister’s response to the amendments in this group.
(1 month ago)
Grand CommitteeMy Lords, that was an extremely interesting debate from both sides of what I will call a discussion, not an argument. I thank noble Lords for it; I have learned a lot.
This is a large group covering three themes that have been discussed throughout the years of work that have been done on the Holocaust memorial. First, Amendments 2, 3, 4, 6 and 13 relate to the design of the memorial and the learning centre, seeking to prevent it involving an underground element and to separate the learning centre from the memorial. These issues have been debated at length. I do not feel that this Bill is the right place for us to debate issues relating to the planning and design of the building. I am sure that the Minister will respond to the noble Baroness, Lady Blackstone, in detail. We urge him to listen to her concerns, but we cannot support her amendments.
Amendment 23, tabled by the right reverend Prelate the Lord Bishop of St Albans, is one I do support. I do not think he spoke to it, but it has been such a long debate that I have forgotten what happened at the beginning. At a time when we are seeing growing anti-Semitism while marking the 80th anniversary of the end of the Second World War, we need to recommit ourselves to the memory of the Holocaust, as I said earlier this year when we debated Holocaust Memorial Day. My noble friend Lord Blencathra, speaking on behalf of the right reverend Prelate, was right to highlight the need for proper Holocaust education as we work to counter anti-Semitism.
I take this opportunity, a bit cheekily, to ask the Minister to update me on what steps his department is taking to counter rising anti-Semitism in this country. I am very happy to have a letter. Also, can he confirm that the Government will, at the very least, maintain the level of support for Holocaust education provided by the previous Conservative Government? I thank my noble friend Lord Blencathra for all the evidence that he provided showing the need for this continued education.
Finally, Amendments 29, 30 and 31, tabled by my noble friend Lord Blencathra, all seek to re-open the question of an alternative site for the memorial or learning centre. While I understand the arguments made by many noble Lords on the question of where the memorial and learning centre should be located, I cannot agree that re-opening this issue, when in the past we have looked at more than 50 sites, would be a constructive step forward and would deliver that centre in anything like a timely manner.
I said in my opening remarks that it has been 11 years since my noble friend Lord Cameron made that solemn commitment to the survivors of the Holocaust. I feel very strongly that we should not take steps that will hinder the delivery of that commitment any longer.
I will just elucidate for the noble Baroness that 50 sites were not looked at. The foundation just plumped for Victoria Tower Gardens. The thing about haste is that we are not building for the handful of survivors who are left. They do not need a memorial. If we build, we are building for the future. There is not a hurry. Survivors have said to me that they would rather it was got right; that is more important than hurrying. Even if everything went smoothly now, which I hope that it will not, there is no chance of getting it up in the lifetime of people who are in their late 90s. You have to get it right for the future, not for the handful who are left.
(11 months, 1 week ago)
Lords ChamberMy Lords, I thank my noble friends Lord Howard and Lord Moylan for their amendments in this group. Amendments 26 and 27 would require marriage value or possible hope value to be payable by a leaseholder who has fewer than 80 years remaining on their lease on the passage of the Act.
The Government’s stated objective is to make it cheaper and easier for leaseholders to extend their lease or acquire their freehold. We want them to attain greater security of tenure. The amendments are directly counter to our objective. In particular, they would prevent us from helping the trapped leaseholder—that is, a leaseholder with a short lease who is unable to afford to extend because of the prohibitive marriage value payable, and so is trapped with an asset of diminishing value.
We do not believe that the leaseholder should have to pay marriage value. For the freeholder, the marriage value that is payable under the current law is a windfall created by the freehold and leasehold interests being married earlier than they otherwise would have been—namely, at the end of the lease. It is a sum that the freeholder would not receive if the lease ran its course. Parliament has previously determined that the value should be split equally and the leaseholder should pay half of it to the freeholder on enfranchisement, but we do not believe that freeholders should continue to receive that windfall.
The leaseholder needs to enfranchise, because by its very nature a lease is a wasting asset. Without either extending their lease or buying their freehold, they will suffer financial loss as the lease runs down or lose possession when it has fully run down. Nor has the lease- holder meaningfully chosen to enter such an arrangement, since leasehold is very often the only available form of tenure outside the rented sector at certain price points or in certain locations. The lease- holder’s need to enfranchise is born out of their insecurity of tenure; that is, out of the inherent injustice of the leasehold system. Our objective is to enable them to obtain greater security and to address that inherent injustice. By not having to pay marriage value to the freeholder, the leaseholder’s ability to obtain security of tenure is much improved.
A third party who bought the landowner’s interest would not pay marriage value, and we do not think it is right that the leaseholder should pay more than that same interest. Requiring leaseholders to pay more than a third party—or, in other words, enabling the freeholder to profit from the sale to a leaseholder by comparison to a third party—is to punish the leaseholder for their need to enfranchise, and therefore to affirm the very injustice we are trying to address.
The noble Earl, Lord Lytton, and many other noble Lords brought up compensation. Under our valuation scheme, the freeholder is compensated as if the lease simply ran its course. We believe that this is adequate compensation; it is sufficient to reflect their legitimate property interests.
Amendments 26 and 27 would also further complicate an already complex system. They would create a new two-tier system, with different rules for leases that were under 80 years at the time of the Act and those that fell under 80 years thereafter. This is undesirable, as it runs contrary to our stated aim to simplify this complex tenure.
Before I move on to Amendment 29, I will answer one or two specifics. First, the issue of human rights has been brought up by a number of noble Lords. The Government consider that all provisions in the Bill are compatible with the relevant convention rights and that in the case of the provisions engaging Article 8 and A1P1 any interference is justified and proportionate. There is a GOV.UK page where noble Lords can read further information on that should they wish.
The noble Baroness, Lady Deech, also brought up phasing, which is important. Following Royal Assent, we will allow time for a smooth transition to a new system, while making sure that leaseholders and freehold home owners on private and mixed-tenure estates— which is an issue—can benefit from it as soon as reasonably possible. We will also support leaseholders, freeholders, landlords and agents to adjust to and understand the new rules. We will work with delivery partners to make sure that the necessary support is in place, including through the publication of appropriate guidance.
I am grateful to the Minister for those comments. It reminds me that in the case of the 1925 legislation, the centenary of which approaches us, there were six different statutes with a long lead-in time. Apparently, many solicitors gave up practice entirely because they could not cope with the new law, so it is good to know this will be gently introduced.
On human rights, I am all in favour of the European convention; I would not want to drop it. I just find it rather dismaying that if the possible claimant were a hedge fund manager or a rich freeholder then we should not worry about them. The point about the European Convention on Human Rights is, whether you like the claimant or not, the thing must be taken as a whole; we cannot pick and choose. I would like some disassociation from the notion that hedge fund managers and rich freeholders should not have their rights considered under that convention.
(1 year, 9 months ago)
Lords ChamberMy Lords, the memorial is a manifesto commitment which has cross-party support and has been endorsed by all living Prime Ministers. The Chief Rabbi, who sits on the UK Holocaust Memorial Foundation comittee, is fully behind the Government’s proposals, as are leading representatives of the Jewish community, other faith and community leaders, survivors, refugees and the wider public. Their voices were heard at the planning inquiry, emphasising the importance of the memorial and learning centre as a way of providing Holocaust victims and the remaining survivors the prominence in this city that they deserve.
My Lords, I declare an interest as honorary president of the National Jewish Assembly. I support the noble Lord, Lord Lee, in drawing attention to the almost total lack of consultation on the memorial. All efforts to open dialogue and to have discussions and round tables have been met with silence, and sometimes abuse. Victoria Tower Gardens is a green enclave, and the dangers of digging down two storeys with piledrivers, which could cause unimaginable damage, have not been taken on board when there are decent alternative sites with as much dignity and more space. I speak for a number of Holocaust survivors in this.
I know how strongly the noble Baroness feels about this issue, and I respect everything she has to say. We have had meetings and we are willing to have more; she only has to get in touch with me. However, the planning inquiry in October 2022 enabled all interested parties to express their views on the proposed Holocaust memorial and learning centre, and a full list of witnesses is available in the planning inspector’s report on GOV.UK. Officials regularly meet organisations representing survivors of the Holocaust and Nazi persecution and those representing the survivors of subsequent genocides to discuss the latest developments, and we will continue to do so.
My Lords, it is important that all savers can easily access their pension savings, so that they can plan to retire when they want. We are introducing pension dashboards to help make accessing pensions information much easier. We are also introducing shorter, simpler pension statements to help all members of the automatic enrolment scheme engage with their pension savings.
Some 200,000 women have been underpaid their state pensions for up to 20 years. I might be one of them. I declare an interest as the proud recipient of £6.79 a week. Yet there is little movement on the part of the DWP, and I and those others cannot find out. Letters go unanswered and messages say, “Don’t contact us, we’ll contact you”. How long will it take to achieve repayment?
My Lords, the DWP is working extremely hard on making sure that these underpayments are repaid. It is putting in a new team of 360 people to work through it, and we hope that all those underpayments will be paid by the end of 2024.
As I have said, the commission has one final meeting to finalise its report. After that, the report will go to the Prime Minister and then it will come back for us to look at its recommendations.
My Lords, David Baddiel’s latest book is called Jews Don’t Count. Bigotry against Jews and Israel is rampant in our universities, from the top of the administrations through the academics to the students, as evidenced by the Community Security Trust. The problem is institutional—for example, at Bristol University right now. The Universities UK report last November on racial harassment ignored it. Will the Minister make sure that the Office for Students uses its current consultation on harassment on campus to bring forward plans to address anti-Semitism?
We certainly will, and I will take that back to the department on behalf of the noble Baroness.
The 20-week rule is an important part of the Act and the Family Procedure Rule Committee is going through all the issues required. I cannot tell the noble Baroness exactly when this will happen, but it will be an important part of the procedure that will come into being in autumn 2021.
My Lords, during the debates on the passage of the then Bill, it was acknowledged that the most divisive, bitter, wasteful and expensive element of a divorce is the financial settlement and that the law on this needs reform. Without this, the new divorce law will not achieve its stated objective of no fault. The noble and learned Lord, Lord Keen, gave a commitment on 16 March that the law on financial provision will be reviewed. Can the Minister update the House on its progress?
Yes, the noble and learned Lord, Lord Keen, did say that. The Lord Chancellor has set up a working group to assess any evidence to change the law on financial provision for divorce. This review will be led by evidence, which is yet to be gathered, on whether there are problems with the current law. The Ministry of Justice is considering the membership and terms of reference of that working group.