Northern Ireland (Executive Formation etc.) Bill

Debate between Baroness Deech and Lord Cormack

Ping Pong (Hansard): House of Lords
Monday 22nd July 2019 Lords Chamber

[Lord Cormack (Con)]

My Lords, the British people did not vote for a no-deal exit from the European Union. All I would say to my noble friend Lord Forsyth is that when he talks about sophists, it takes one to recognise one. The truth of the matter—I have tried to be scrupulous in this—is that if the Commons rejects a House of Lords amendment, most of us in this House do not vote again. We accept the will of the elected House. The will of the elected House on this occasion is clear and emphatic. It has given this provision a majority and we should not fly in the face of that.

[Baroness Deech (CB)]

My Lords, I have two simple questions which I hope can be clarified by those who are in favour of remain. First, how on earth can this amendment from the Commons prevent a Dissolution of Parliament if there is a call for an election? There is no way that Parliament could be re-summoned if an election were called in the early autumn and the period of Dissolution covered October. Secondly, the amendment from the Commons misses the point. We could meet and talk right through August, some have said, and right through September and October, but unless something is done to remove the date of 31 October, the default position is that we leave on 31 October. There is nothing that this Parliament can do about it because any attempt to postpone that date rests in the hands of the European Union. We are not sovereign in that respect. Only if the European Union agreed to an extension could that default position of 31 October be removed; therefore, the amendment coming from the Commons is pretty pointless.

Parliamentary Buildings (Restoration and Renewal) Bill

Debate between Baroness Deech and Lord Cormack

Committee: 1st sitting (Hansard): House of Lords
Monday 22nd July 2019 Lords Chamber

[Lord Cormack]

There are many places where it could go. It could go to one of the great London parks, but the Imperial War Museum, which has offered a site and has adequate parking, would seem an admirable destination. It already has galleries that graphically and movingly describe the Holocaust, so that is a possibility. This afternoon I am simply saying to your Lordships that it is very important that we look at this carefully and without prejudice.

To those of my noble friends who are strongly in support of the Holocaust memorial, I say: please remember that those of us who have reservations are not against having a memorial; we are not Holocaust deniers or in any sense opposed to the Jewish community, which has given so much to our country over the last three and a half centuries since the Jews were readmitted by Oliver Cromwell in 1652. I speak as one who lives in a city—Lincoln—that had the second largest Jewish community in the country in the Middle Ages, and we honour that. Indeed, at the moment, together with Jewish colleagues and others I am planning a great exhibition to commemorate that, to be held in two or three years’ time in Lincoln.

Therefore, it is not a question of a Holocaust memorial being something that we do not want. We do want it but this is not the place, and it is certainly important that all aspects are considered carefully by the body that the Bill establishes. I beg to move.

[Baroness Deech (CB)]

My Lords, I am pleased to add my name to this amendment. In this most significant work for parliamentarians and indeed for the whole nation, our concerns are not only for this building and our parliamentary work, and not only for the future and the public, but for safety, security, access and the environment now and in future centuries. Quite apart from the changes in methods of working that will be taken into consideration in refurbishing this place, major concerns affect the surrounding areas. We have many more tourists and many more protests—peaceful and otherwise—here and in Parliament Square; there are more visitors, including dignitaries requiring protected access; and, above all, we are painfully aware of the vulnerability and magnetic attraction of this area to terrorists. Protestors could include parties interested in the Middle East, and environmental activists because of the underground excavation, destruction of trees and loss of green space inherent in the Victoria Tower Gardens plan.

This brings me to the concerns I have for those gardens adjacent to Black Rod’s Garden and the parking exit for our cars. Your Lordships will have heard that there is a plan to have a Holocaust memorial and learning centre in those gardens, which has not yet received planning permission. In the meantime, there has been more than one security analysis of the implications of a very large memorial and museum with concomitant visitors. It has been estimated that there will be 1 million visitors per year and 11 coaches delivering and taking away visitors every day.

The amendment in the names of the noble Lords, Lord Cormack and Lord King, and myself is designed to take account of the implications of this. The proposal to build on this site has avoided addressing security considerations in any detail, failing the tests set out in paragraph 95a of the National Planning Policy Framework of 2019. There will be potentially long queues of visitors waiting for security checks—the touted 20-second check will clearly be insufficient—next to children playing in the playground and the usual park visitors. Presumably, they too will have to undergo security checks because they are close by, whether intending to visit the memorial or not.

The principal threat comes from jihadi-inspired terrorists, as evidenced by the atrocities that have occurred in Europe recently, targeted against Jews and Jewish-associated buildings. The proximity of the planned memorial to Parliament, with national and international news media constantly in attendance, will make it a high-value target for those who wish to promote their evil aims with publicity. There have been many other criminal activities levelled against Jewish targets of which many of us are, frankly, fearful, and a great deal of private and public money is already spent on protection. We also have the extreme right-wing groups, white supremacists and neo-Nazis, and protestors of all sorts—bearing in mind that the memorial may also include victims of LGBT persecution, and of the Rwandan, Armenian and other massacres—who will see this location as the focus for their action.

Alongside is Millbank, a busy road with limited parking. It is difficult to see where the coachloads of visitors would be able to disembark. I envisage more anti-terrorist vehicle barriers and pavement restrictions at the southern end of the Parliamentary Estate, as well as presumably more concrete blocks, barriers and bollards to protect against a suicide vehicle crash; it would be easy enough to drive into the park with this intent, rather as happened in the attack here in March 2017. At the very least, the footpath in Millbank will have to be narrowed and security patrols will be required night and day. Graffiti and desecration of memorials are all too common, as we saw with the Bomber Command memorial and even the Cenotaph in London. There will be large queues of people waiting to enter, which provide a soft target for extremists. Objects such as bricks, and worse, could easily be thrown from across the road, or could be dropped into the well area at the entrance to the learning centre, causing disruption.

Building a memorial will require large areas around to be closed for a time, with excavation equipment and building materials, at more or less the same time that these buildings are being prepared for repair. How will the park be managed at night, and cleared, and what will the light pollution be? Our amendment refers mildly to avoiding impediments; other amendments refer to the whole of the Parliamentary Estate and the broadest meaning of access. They all deserve support, but this one is the most urgent, in that the damage to security may occur very soon. We need to protect the Parliamentary Estate and its immediate vicinity. I stand here to assure noble Lords that it is not anti-Semitic to oppose this design, in this location, as has been suggested; far from it. The trouble is that, if the plan is steamrollered through as a political football—if I may mix my metaphors—it will for ever be tainted with opposition. To build a Holocaust memorial we must do so with reverence, affection, respect and acceptance. If it has to be forced through, it is contrary to the very objectives for which it is designed.

The other argument that may well be raised is: “Such a memorial has to be right next door to Parliament to remind us that democracy must and should protect against genocide”. Sadly, democracy has not proved in the past to protect against genocide. One need only instance in our current age Yugoslavia and Myanmar, and of course Germany had a form of democracy in the 1930s. Genocide comes from ethnic and religious hatred and from ideology. That is something that you combat only by educating people, not by putting up a memorial in a small park. For those reasons, I support the amendment and I hope that others will too.

Northern Ireland (Executive Formation) Bill

Debate between Baroness Deech and Lord Cormack

Report stage (Hansard): House of Lords
Wednesday 17th July 2019 Lords Chamber

[Baroness Deech (CB)]

My Lords, they say that Brexit drives people crazy and I think there is something in this. It certainly makes people cerebral. May I put forward a few general points? First, it has been said that Her Majesty might be embarrassed by such a request. Her Majesty has been on the Throne for 70 years or so and faced many a constitutional crisis. I think she would survive.

Secondly, be careful what you wish for. Suppose we pass this amendment requiring Parliament to meet in October. It is not for the benefit of Northern Ireland. I feel rather sorry for the people of Northern Ireland, who are being used as a sort of wedge in a door—not for their benefit. Suppose there is a general election in the meantime. Suppose there is a vote of no confidence in the Commons. Is it seriously considered that requiring Parliament to meet in October would take precedence over these other events, which may very well occur in the next few weeks? If there is a general election before October, what will happen to the will of some that Parliament should meet in the run-up to the possible leaving of the European Union? If there is a vote of no confidence, the same thing might well happen.

It seems to me that the constitution is not clear on what motives have to lie behind the call for a general election, the call for a vote of no confidence or the Prorogation of Parliament. It is a somewhat ambiguous area. The speculation about this has led people to believe that it is better placed in the hands of the judges than of politicians. That may well be. I am not disputing for a moment that the rule of law is upheld by judicial review and allowing judges to decide. However, where an issue is as ambiguous as this, noble Lords should realise what they are doing in putting these decisions in the hands of judges, who might very well be summoned to meet in a great hurry; the issue would then be rushed all the way through the courts. We would be leaving it to judicial wisdom.

A great deal may happen between now and the end of October. It worries me that we should be using parliamentary procedure in this way. It would be an unfortunate precedent. As I said, think about Motions of no confidence; think about a general election and the assumption, so readily made, that the notion of Prorogation would be a terrible breach with everything that has ever happened in the 1,000-year constitution of this country.

Moreover, the action of judicial review, which is already being talked about in this House—somewhat prematurely—will depend on one wealthy individual bringing that action. Suppose there is a vote of no confidence and by some method the Queen is advised that Mr Corbyn should be summoned to form a Government. Unfortunately, I cannot afford the services of my noble friend Lord Pannick, but I am sure there are those among us and in the country who would say that the possibility of a Prime Minister widely regarded as an anti-Semite was a constitutional outrage and must be judicially reviewed.

I beg noble Lords to consider what sort of precedent might be set by using the people of Northern Ireland, speculating on what might happen with judicial review and not allowing the normal course of events to continue. To support this amendment will have repercussions way beyond what we might expect this afternoon.

[Lord Cormack (Con)]

My Lords, the noble Baroness, Lady Deech, reads far too much into this simple amendment, which is unambiguous and makes the point that power should rest not with the Executive but with Parliament. It would require Ministers to report on a Bill’s progress where progress is essential, such as with this Bill. Of course, most importantly, we should not give the Prime Minister of a minority Government, whoever he may be—let us all, particularly those of us on this side of the House, recognise that we are talking about the Prime Minister of a minority Government—the opportunity to suspend our constitutional proprieties.

I should like to make another point. I deplore the fact that the rules of my party have allowed this decision to be protracted over almost five weeks and to be taken by 0.3% of the electorate, a number of whom are 15 years of age; they are entirely eligible to vote, as I established earlier today. Many people do not realise that; I did not realise it myself until two or three days ago. The party in the country has had great power—way beyond what any party should have, particularly when it represents such a tiny percentage of the electorate. I believe that the real constitutional impropriety that the noble Lord, Lord Anderson, seeks to deal with is that of conferring on the Prime Minister of a minority Government—I repeat: a minority Government—the powers to dispense with the services of Parliament and to absolve himself of being answerable to it. As I said on Monday, the Government are answerable to Parliament, which must never be the creature or subject of government. This is a safeguard. We should support it.