Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, in supporting my noble friend, I will speak to my Amendments 11, 12 and 37 in this group.

As my noble friend Lord Strathcarron said, this well-known memorial commemorates the 1833 Act to emancipate slaves and marks the immense contribution of British parliamentarians who campaigned for abolition, including Wilberforce, Clarkson, Thomas Fowell Buxton and others. It was commissioned by Charles Buxton MP, the son of Thomas Fowell Buxton, and designed in the neo-Gothic style by Samuel Teulon. It was completed in 1866 and originally placed in Parliament Square. It was removed from there in 1949 and reinstated in Victoria Tower Gardens in 1957, being placed carefully at an axis with St John the Evangelist church in Smith Square. It is a grade 2 listed monument both on architectural merit and because of the significance of the historical event that it marks.

The setting of the monument will undoubtedly be harmed by the proposed Holocaust memorial and learning centre. Even the planning inspector, who ultimately recommended the approval of the memorial and learning centre, accepted that there would be significant harm; however, he felt that the other benefits—having ignored the impediments of the 1900 Act—outweighed this harm.

Like my noble friend Lord Strathcarron, I am grateful to the architect member of the London Historic Parks and Gardens Trust who has measured the distance between the memorial and the riverside as approximately 5 metres. If the proposals for the Holocaust memorial go forward, the Buxton memorial will be just 2 metres away from the courtyard drop. Those proposals include the suggestion for a stone bench around that 2-metre edge of the memorial. Were this to occur, it would create a pinch point, with the remaining crowds walking along the riverside. I suggest that that is quite unacceptable. The Buxton memorial is a vital part of British history and it should not be infringed upon or sidelined.

I stress that this is not a matter of prioritising a monument to the abolition of slavery over the extermination of 6 million Jews. We on this side of the argument all say that there should be an appropriately sized and relevant monument to the Holocaust in Victoria Tower Gardens. We reject the grotesque, oversized Adjaye fins as not suitable for this space. These giant fins would overwhelm the Buxton memorial; any poky little path between it and the fins or the learning centre should be at least 8 metres wide, so that the memorial can be properly seen from a reasonable distance.

I do not know whether noble Lords have ever gone up Parliament Street on the southern side and looked across at the Treasury and the FCDO buildings. They are quite magnificent, but you cannot appreciate their beauty since you are only 30 yards away. They are as magnificent as the government buildings in Washington or Paris, but, in Paris, Baron Haussmann made the streets so wide that you can see and appreciate the beauty from a distance. I suggest that we need that same principle to apply to the Buxton memorial and to any properly sized Holocaust monument. They should be magnificent and visible from all parts of the gardens. The awful thing about Adjaye’s giant fins is that, since he could not design a proper monument to honour 6 million Jews, he went for size and the same monument that was rejected by Ottawa.

I am not necessarily a conspiracy theorist, but I have looked at dozens and dozens of artist impressions of the Adjaye monument and I am stumped. I am willing to be corrected and pointed in the right direction, but I cannot find any artist impression which has got more than 16 fins. The thing is going to have 23 fins, as represented in the plan, but I cannot find any artist impression showing me what 23 fins would look like. It has been minimised to show 16 fins, and so these impressions show that the 16 fins do not interfere with the Buxton memorial at all. As I said, I am not a conspiracy theorist but, if anyone has got an artist impression with the 23 fins, please send it to me.

I appreciate that when the great and the good are conned by architectural psychobabble into accepting a design, they do not then want to admit that they got it wrong. I can see my colleagues digging in as deep on this as Adjaye’s bunker. However, if we are forced to accept this second-best solution and have the 23 fins, let us make sure that they are not so gigantic as to dominate the gardens and obscure the Buxton memorial or the view of the magnificent southern gable of Parliament.

If one of the key components here is supposed to be the underground learning centre, grossly inadequate though it is, then surely we do not need such a giant monstrosity on top of it. If we have to have a monstrosity, let us have a smaller monstrosity. My Amendment 11 says that any Holocaust monument must not exceed the dimensions of the Buxton memorial. That would leave ample scope for a good and magnificent Holocaust monument.

The base of the Buxton memorial is octagonal, about 12 feet in diameter with open arches on the eight sides, and is supported on clustered shafts of polished Devonshire marble. I will not go into all of the details, but what was cleverly designed into the memorial is quite magnificent. All of that magnificent work and story is delivered in something that is 12 feet wide and about 40 feet high. If we can commemorate something as important as the abolition of slavery, where some estimates say that 2 million died in transit, we can commemorate the murder of 6 million Jews in a similarly and appropriately sized monument.

Of course, the Buxton memorial was not always there; it was originally in Parliament Square before it was moved. There were heated debates in Parliament on moving it, and the last word must go to Lord Winster, a junior minister under Clement Attlee, who said:

“This memorial is not a statue. It is a memorial fountain which commemorates a noble deed, the reversal of a system which was the very negation of humanity”.—[Official Report, Commons, 13/12/1949; col. 1430.]


I suggest that those words should apply to the Holocaust memorial as well. It is very fitting. That is why the Buxton memorial must not be diminished or hidden by giant, irrelevant bronze fins, à la the discredited Adjaye design.

My Amendment 37 seeks to protect the path used by 95 % of the local people and visitors who use the gardens. The promoters say that they will try to keep open the path alongside the river. I travel through the gardens twice a day when the House is sitting, unless we are sitting so late that the garden is closed. I have only once in 30 years gone along the huge detour of the river path, just to see if it were worthwhile—hardly anyone uses it.

However, on the main footpath, which runs parallel to Millbank, I see daily heavy use. Each morning and evening I will see four or five people exercising their doggies and collecting any mess. The main footpath is essential for them. Every morning, at a regular time, I see two or three nannies with tiny tots in tow. These kiddies are no more than 18 inches high, in their little yellow vests, and each nanny will have two or three of them on either side, safely holding hands or tied together. They make very slow but safe progress along this path. I do not know where they come from or where they go, but I have never seen them on the river path. Indeed, that may be too far for them to walk.

These are some of the main users. The others are individuals—not organised games—playing football or other games. There are those having little picnics, but not hundreds of people and 40 buses squashed into the place to have picnics.

If this main footpath is taken over for construction purposes and cannot be used, thousands of users every day will be deprived of the use of the garden. None of us will want to take a detour round by the river path to get to the route that we normally use.

The promoters need to create access for their construction equipment—possibly at the southern end of the park, where the children’s playground currently is, and possibly a new one—so that the whole of the current path, the main footpath alongside Millbank, remains open during construction and afterwards. It should not be beyond their ability or that of the department to tell the constructors to create a new access route so that the path can be kept open. Those are my amendments and I commend them to the Committee.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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My Lords, I will speak to Amendments 25 and 40 in my name. Before I do so, I express support for Amendment 26, in the name of the right reverend Prelate the Bishop of Saint Albans, about the refreshment kiosk. I believe that it is neither appropriate nor fitting to have somebody selling burgers and chips and ice cream in a place that should be devoted to reflection and remembrance of the cruel murder of 6 million people and the lifelong impact on the lives of survivors and their families. I also support Amendment 43, in the name of the noble Baroness, Lady Finlay, on fire risk. That is on the basis of public safety, which underpins my amendments as well.

Among the dangers associated with the choice of siting an underground learning centre in Victoria Tower Gardens, the most serious is the flood risk. This is a critical issue, given that large numbers of visitors, including children and people with disabilities, are expected to visit. The site chosen for the learning centre is in flood zone 3a according to the Environment Agency, which means that it has a one in 100 or greater annual probability of river flooding if undefended. Normally, planning regulations would not allow a basement development in a zone 3a area. Atkins and Co carried out a flood zone 3 risk assessment for the original planning application. It is clear that the risks revealed by that report have not been correctly considered.

There are four kinds of flood risk, the most serious of which is the risk of inundation from the nearby tidal River Thames. This could happen either by overtopping of the embankment wall, if the water level is higher than the defences, or by breach flooding, in the case of a break in the wall. The latter would be catastrophic to life and property, as the proposed development is below ground level and the design of the proposed building has no above-ground refuge.

I turn first to the danger of overtopping. Because of the development’s proximity to the river, the Environment Agency requires that it must be a minimum of 16 metres from the flood defence wall—presumably to avoid the development undermining the wall’s foundation—and that the wall must be demonstrably high enough and in good condition for the lifetime of the development. A visual assessment at the time showed some defects that required maintenance, ongoing monitoring and inspection. However, the Environment Agency had no current plans for maintenance of the river wall at this location. I therefore ask: who is going to do it? We do not really know the effect on the wall of the construction work of this major underground development.

Because of climate change, and the fact that presumably the building is meant to last until at least until 2100, if not longer, the EA plans that the wall’s height will need to be raised by then to take account of the rise in sea level and consequent river level. By then, the EA expects the peak river level to rise by 950 millimetres above the current level. When this is reached, it will be more than 1 metre above the general level of Victoria Tower Gardens and the entrance to the proposed below-ground learning centre. However, there is a margin of error of only half a metre between the proposed increase in wall height and the expected river level, which is very little in a storm. The learning centre could have to be closed, not just on three days a year but on several days every month because of the risk of river water overtopping the wall.

Flooding has happened here before. The southern section of the site is partially within the area of the historic flooding information. However, data confidence is low because the records were hand-drawn and their extent is limited. It could be even more at risk than the records show.

Breach flooding is much riskier. Westminster City Council’s map shows what would happen if there was a breach in the embankment wall—perhaps in the case of terrorist action, contact by a vessel, a disastrous collapse of an adjacent building, or undermining of the foundations of the wall by unusual pressure from several storms one after the other, such as we have had this winter. What the map clearly shows is that the site is not only smack bang in the middle of the likely inundation area but right in the middle of the area that would be flooded within 30 minutes of the commencement of such an inundation.

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In this debate, we have heard almost every argument and its opposite: I want a learning centre and a Holocaust memorial; I want only a Holocaust memorial; I want either of them but both of them somewhere else; no one will come; everyone will come; the garden is too tranquil; the garden is too full. That was followed by a series of arguments in which, in short order, we heard that no children will ever go safely by this memorial, and that we do not need to worry about all the people going there because anyone who goes to the learning centre will end up drowning, as the waters will rise and we will have to flee for our lives. These are all points that were seriously made. It was further argued that Parliament will have to be adjourned; the people in it will be burned to death; that they will be rendered unconscious by terrorists hiding gas in their rectum; and that people will be trampled underfoot.
Baroness Walmsley Portrait Baroness Walmsley (LD)
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Does the noble Lord not feel that some of his comments are just a little flippant? We are talking about the safety of people’s lives here.

Lord Finkelstein Portrait Lord Finkelstein (Con)
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I am literally repeating the noble Baroness’s points. If she feels that they are flippant, maybe she should not have made them. These are all points that were raised.

In addition, it was said that people will be trampled to death in the communal areas and poisoned with Novichok. These are all points that were made seriously, and that could apply, of course, to any structure. We are talking about building a reasonably modest structure near Parliament, with four rooms underneath it. We have managed to build nuclear power stations, railways and shopping centres in this country, almost all of them without all these terrible consequences happening because people are able to organise themselves and plan things so that disasters are coped with.

We absolutely have the capability of doing that with this centre. These are all alarmist ideas that will not come to pass. This is an extremely simple proposal for a very fitting memorial. I can understand why people might not want it, particularly if they live nearby, but it is a fitting response to the Holocaust and it is in the right place.

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Lord Austin of Dudley Portrait Lord Austin of Dudley (Non-Afl)
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My Lords, there is a reason why we do not know the detail. It is because it is for the planning system, and this Bill allows the planning system to deal with the memorial. As I understand it, that is the whole point. It is not for us to grant, debate or decide on planning grounds that will be dealt with by the planning system when it eventually gets there, after Parliament has completed its deliberations.

I was not going to comment on this group, but I want very gently to respond to something that I think the noble Baroness, Lady Walmsley, said earlier. She suggested that the noble Lord, Lord Finkelstein, had paraded his victimhood, which, frankly—

Baroness Walmsley Portrait Baroness Walmsley (LD)
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To correct the record, I did not say that.

Lord Austin of Dudley Portrait Lord Austin of Dudley (Non-Afl)
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I am sorry, it was the noble Baroness, Lady Finlay—

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Baroness Walmsley Portrait Baroness Walmsley (LD)
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My Lords, as I understand it—I will look carefully at the official record to check that my understanding is correct—the Minister’s answer to the question about whether there will be a new planning process is, “Well, maybe”. He said that the Minister in charge has three options: to make the decision, to set up a new planning process or to have a round table. We do not know which, yet he has relied heavily in his responses to the various concerns raised on the fact that these will be considered in a planning application. Yet he also said that the Government will stick to the original planning application. Which is it?

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, I thought I was quite clear in saying that an existing planning application has gone in. This Bill is to disapply the 1900 Act to allow the project to proceed. The designated Minister will have a number of options, from which he must decide which is the best way forward for the planning process, but every option will include an opportunity for representations to be made.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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My Lords, there are three options and we do not know which the Minister is going to choose. Is that right?

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, that is the norm and to be expected. It is totally independent from the whole process. It is for him to decide how we will proceed with planning on this particular point; that is the normal process when Ministers are calling decisions. That is how these options work.