Holocaust Memorial Bill

Debate between Lord Blencathra and Lord Khan of Burnley
Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My answer to that is that there will be green spaces. Some 90% of the park will still be green spaces. The whole project is 7.5% of the park. This has been discussed extensively in previous groups. There has been no lack of analysis, consultation and scrutiny in the process that has led us to this point. I accept, of course, that the process has not brought a complete consensus, but are we really expected to believe that, by repeating the process that began all those years ago, we would find a solution that would somehow meet everyone’s expectations? That is simply not realistic.

Our objective is widely shared, including by a succession of Prime Ministers and party leaders. Earlier this afternoon I was watching numerous Prime Ministers, from John Major to Gordon Brown, Theresa May, David Cameron and Tony Blair, all with democratic mandates and all giving strong support to this project. Numerous Prime Ministers and party leaders have shared widely their support to create a national memorial to the Holocaust, with an integrated learning centre, in a prominent location. An excellent design meeting our objectives has been put forward and awaits a decision on the planning application.

Lord Blencathra Portrait Lord Blencathra (Con)
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I detect that the Minister is in his peroration so I am grateful for him allowing me to intervene. He answered straightforwardly one of the questions that I posed—whom the designated Minister would be—but there are two others that he has not. He has made it clear that the designated Minister would have three options. He has been briefed by his civil servants that there are three options you can do. One is a full-scale planning application to Westminster City Council, which I believe will never happen. The second option was described by the Minister as a round table and the third was written representations to be received by the Minister. Clearly, the able civil servants in his department have invented those two other options. There must be a brief somewhere on what the round table and the written representations would do, and I would like to hear from the Minister, either today or at some time in the future, exactly what those other two options would involve.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, I am not going to get involved in that. The reason why is that I am in no position to pre-empt what the designated planning Minister will do or the nature of his decision. That might require that the planning process is totally to be determined, and, within the options, he may have a particular focus on how he would like that exercised.

Lord Blencathra Portrait Lord Blencathra (Con)
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I am sorry but the Minister may have misunderstood me. I am not asking for a decision on which option he will go for; I am asking for the details of the possible options that he could decide on. It is perfectly legitimate to ask, if the Government are saying that one thing will be a planning application, another thing will be a round table and the third one will be written representations, what details would be required in the round table. We are perfectly entitled to know that. The Minister must have had a brief on what it would be about; the department cannot pluck those three options from thin air without giving Ministers details of how they would operate in reality. I do not want to know which one he will go for, of course, but I want to know how they might work.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, it is perfectly reasonable of the noble Lord, Lord Blencathra, to ask that question, but information is available on the website of the planning casework unit; the noble Baroness, Lady Deech, has previously referred to it in this Committee. If it would help, we could send some more detail, in terms of where the website is and the address—as well as more details about the options that the designated Minister could pursue—to give the noble Lord more assurance around and confidence in the procedure. That would be no problem.

There is nothing to be gained by turning the clock back to 2015. All that this would achieve is to delay the creation of a memorial by many years. Few Holocaust survivors, perhaps none at all, would live to see the project completed—

Holocaust Memorial Bill

Debate between Lord Blencathra and Lord Khan of Burnley
Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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The appropriate vehicle for all these issues, apart from what is in the simple Bill before us, is the planning process. I sometimes feel quite uncomfortable discussing the issues that we discuss, because they can pre-empt planning decisions. We have to be very cautious about what we say in this Committee.

I regret that I cannot support the noble Baroness, Lady Deech, in her Clause 2 stand part notice, which seeks to leave in place the existing legal prohibitions on the development of Victoria Tower Gardens. I have spoken previously about, and will repeat, the importance of the symbolism of establishing the Holocaust memorial here in Westminster, in the shadow of the mother of all Parliaments. I believe that this is an important statement of how important we consider Holocaust education to be. After all, it is our duty, as a Parliament, to protect the rights of minorities and learn the lessons of the Holocaust ourselves so that this never happens again.

Amendment 17 is very good, and I thank my noble friend Lord Strathcarron. I do not quite agree with the noble Lord, Lord Pickles, on this. When the Conservatives were in government, we put plans in place to limit the impact of construction on the rest of Victoria Tower Gardens, and we agree that the gardens should be protected for their existing use as far as possible. I urge the Government to listen to my noble friend Lord Strathcarron’s argument and ensure that protection for the rest of the gardens is put on a statutory footing, as the gardens as a whole are currently protected in law.

That said, I hope the Minister will listen carefully to the noble Baroness, Lady Deech, who has long taken such a keen and passionate interest in this Bill. I know how deeply she feels about this legislation. The Government should take her concerns seriously and provide her and the rest of the Committee with reassurances, where possible.

Lord Khan of Burnley Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Lord Khan of Burnley) (Lab)
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My Lords, this has been another passionate debate showing the strength of feeling on different sides. Yesterday, I was at the Ron Arad Studio alongside the noble Lord, Lord Pickles, and I saw the 3D model for the first time, in person. I will bring the model into Parliament, into this House, and book a space for all noble Lords to have the opportunity to look at it and question a representative of the architects’ firm, who can talk through the model. On the back of the contribution of the noble Lord, Lord Austin, I will also invite the historian Martin Winstone back into the House and give noble Lords another opportunity to engage with him, ask him questions and listen to his perspective. I start today by giving those two assurances.

I thank the noble Lords, Lord Strathcarron and Lord Blencathra, for tabling their amendments. It would be appropriate, alongside these amendments, to argue that Clause 2 should stand part of the Bill.

This group of amendments takes us to the London County Council (Improvements) Act 1900. The Act led to the creation of Victoria Tower Gardens in broadly its current form. The 1900 Act was then at the heart of the High Court case in 2022 that led to the removal of planning consent for the Holocaust memorial and learning centre. The previous Government, with cross-party support, introduced this Bill to remove the obstacle identified by the High Court. That was the right way to proceed. Parliament passed the Act in 1900, extending Victoria Tower Gardens and making them available for the public. It is right that Parliament should be asked to consider whether, in all the circumstances of the modern world, the 1900 Act should continue to prevent construction of a Holocaust memorial and learning centre in these gardens.

The Bill is short. It does not seek powers to bypass the proper procedures for seeking planning consent. With this one simple clause—Clause 2—the obstacle of the 1900 Act is lifted. No part of the 1900 Act is repealed. No general permission is sought for development. The only relaxation of restrictions concerns the creation of a memorial recalling an event that challenged the foundations of civilisation. That is the question posed to Parliament by Clause 2. It does not require hair-splitting over the number of square metres that should be allowed for a path or a hard standing; those are proper and important matters for the planning system, which is far better equipped to handle them than a Grand Committee of your Lordships’ House.

I would like to say a brief word about why Victoria Tower Gardens were chosen as the location for the Holocaust memorial and learning centre, an issue of concern raised by a number of noble Lords. After an extensive search for suitable sites, Victoria Tower Gardens were identified as the site uniquely capable of meeting the Government’s vision for the memorial; its historical, emotional and political significance substantially outweighed all other locations. The Holocaust memorial and learning centre was also seen to be in keeping with other memorials sited in the gardens representing struggles for equality and justice.

The 1900 Act requires that Victoria Tower Gardens should remain a garden that is open to the public. We absolutely agree with that. Clause 2 simply provides that the relevant sections of the 1900 Act, requiring that the gardens shall be maintained as a garden open to the public, do not prevent the construction, subsequent use and maintenance of a Holocaust memorial and learning centre.

Lord Blencathra Portrait Lord Blencathra (Con)
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I am so sorry to interrupt the Minister again. He said that, after looking at 50 sites, Victoria Tower Gardens was decided to be the best of them. He has not explained what was wrong with the three sites recommended by the Holocaust Commission. Why did the Government reject the Imperial War Museum, Reuben Brothers’ offer of a site off Millbank, and Potters Fields?

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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That is an issue for the competition and planning process subsequently. I cannot comment on planning matters.

Victoria Tower Gardens will remain open to the public and be home to an inspiring Holocaust memorial that will also be open to the public. Indeed, the design of the memorial was chosen because it met an essential challenge of the brief by being visually arresting yet showing sensitivity to its location and context. The winning design was further developed to meet the requirements of the chosen site and to ensure that the new features and landscaping improvements will benefit all users of the gardens. The gardens themselves will benefit from landscaping improvements that will enhance them for all visitors.

This clause will enable the Government to make progress on delivering the commitment that successive Administrations have made since 2015. Every Prime Minister since 2015 has supported this project. The current Prime Minister has restated that commitment clearly, including in his speech to the Holocaust Educational Trust last September—I was there—when he said:

“We will build that national Holocaust Memorial and Learning Centre and build it next to Parliament, boldly, proudly, unapologetically … Not as a Jewish community initiative, but as a national initiative—a national statement of the truth of the Holocaust and its place in our national consciousness, and a permanent reminder of where hatred and prejudice can lead”.


I turn now to Amendment 8 in the name of the noble Lord, Lord Strathcarron, which is intended to set a physical limitation on the size of any Holocaust memorial and learning centre that could be constructed at Victoria Tower Gardens. I acknowledge the desire among noble Lords to be reassured about the size of the Holocaust memorial and learning centre but, by setting a square metreage, this amendment does not provide certainty. Instead, it would open further avenues for litigation and make the proposed scheme undeliverable. The amendment would conflict with Clause 1(3) specifically, which allows alterations and extensions. More fundamentally, it would act as an obstacle to the creation of the specific scheme that this Government and previous Administrations have proposed to construct.

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Lord Blencathra Portrait Lord Blencathra (Con)
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My Lord, before the Minister replies, I ask my noble friend Lord Pickles one little point. He said that we cannot have Parliament decide on planning applications and that they are better left to the planning process. As I understand it, the planning process is a Minister in the department deciding either to have a round-table discussion, to submit a plan to Westminster Council or to call for written representations. That is the planning process. Does he think that a better process than Parliament deciding?

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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I thank the noble Lord, Lord Russell of Liverpool, for tabling Amendments 9, 18, 19 and 20 and the noble Baroness, Lady Fookes, for tabling Amendment 10. This group of amendments covers matters relating to the Spicer memorial, the magnificent trees in Victoria Tower Gardens and the children’s playground.

Amendment 9 tabled by the noble Lord, Lord Russell, draws attention to the Spicer memorial and to the children’s playground, both of which are very important features of Victoria Tower Gardens. If noble Lords will permit, I will come to the playground in just a moment and address that part of Amendment 9 alongside Amendments 18, 19 and 20, which also concern the playground.

The Government fully agree with noble Lords who wish to ensure that the Spicer memorial is protected and should continue to hold a prominent place in the gardens. Our proposals for Victoria Tower Gardens have been carefully developed to achieve these objectives. The Spicer memorial commemorates the philanthropist Mr Henry Gage Spicer, who contributed to the creation of the playground in the 1920s. Though not listed, the memorial is important, commemorating a generous donation and lending a degree of dignity to the gardens. Under our proposals, the Spicer memorial will be moved a short distance to the south—rather less than the changes experienced when it was relocated in 2014. It currently marks the northern end of the playground. Under our proposals for the Holocaust memorial and learning centre, it will continue to fulfil that role.

The Select Committee, having considered petitions against the Bill, accepted an assurance from the Government that a review would be carried out of the arrangements proposed for the southern end of the gardens, with a view to ensuring an appropriate separation of the playground from other visitors to Victoria Tower Gardens. That review is now under way and further information on this matter will be published when it is complete.

The impact of our proposals on the Spicer memorial, and on all the memorials in Victoria Tower Gardens, was of course considered very carefully by the independent planning inspector. Once the process of redetermining the planning application is restarted, the Spicer memorial, and other memorials, will no doubt be considered again, as they should be. There is therefore no need to include the proposed provision in the Bill. It would add nothing to the commitments that have been given and would simply open the door to potential legal challenges, which would delay still further the construction of the Holocaust memorial. I therefore ask the noble Lord to withdraw Amendment 9.

I thank the noble Baroness, Lady Fookes, for her Amendment 10. I recognise her great contribution to horticulture, landscaping and gardening. I fully support her commitment to protect the magnificent London plane trees in Victoria Tower Gardens. From the very beginning of the design process, protection of the two lines of trees on the eastern and western sides of the gardens has been a major consideration. The proposed design was selected from a very strong shortlist of contenders partly because of the way in which it respects Victoria Tower Gardens, including the London plane trees, which are today such an important and integral part of that place.

We have drawn heavily on expert advice to ensure that construction of the Holocaust memorial and learning centre can take place with as little impact on the trees as possible. As noble Lords may recall, a great deal of time was taken at the planning inquiry debating the likely impacts on tree roots, with several expert witnesses cross-examined. As the noble Lord, Lord Pickles, alluded to, the inspector considered very carefully what pruning of tree roots would be required, how this would be mitigated and what the impacts on the trees would be. He was then able to consider the risks of harm against the undoubted benefits that will arise from the creation of a national memorial to the Holocaust with an integrated learning centre. Introducing a new statutory provision to prevent any root pruning would take away any possibility of such a balanced judgment. The amendment as drafted would place a significant constraint on any possible scheme and would certainly prevent the proposed scheme from going ahead in its current form. I therefore ask the noble Baroness to withdraw Amendment 10.

I turn now to the children’s playground, which is the subject of Amendments 18, 19 and 20 in the name of the noble Lord, Lord Russell of Liverpool, and is partially covered by Amendment 9, which I addressed a moment ago. The Government fully agree with noble Lords who wish to ensure that children are provided with a high-quality playground at Victoria Tower Gardens. Our proposals for the gardens have been carefully developed to achieve this objective. The playground will be remodelled with a high standard of equipment and carefully designed for accessibility, with suitable separation from other users of the gardens.

The Lords Select Committee gave a great deal of attention to the playground, including matters relating to level access, which are covered by Amendment 18. The Select Committee accepted assurances from the Government that the playground would remain open, with level access at all times, during the construction process, when this is practicable and safe. A separate assurance accepted by the committee committed the Government to review arrangements for the southern end of Victoria Tower Gardens, with a view to ensuring an appropriate separation of the playground from other visitors. Amendments 18, 19 and 20 seek to put in the Bill assurances that the Government gave to the Lords Select Committee.

It was, of course, open to the Select Committee to amend the Bill. It did not do so, which I believe was a wise decision. Using primary legislation to impose detailed conditions on a development carries significant risks. It is a blunt instrument—an approach that takes away the scope for balanced judgment after hearing all the evidence, and that risks creating unintended consequences when statutory provisions are translated into practical steps on the ground. I repeat without embarrassment that the better approach is to rely on the planning system. The impacts of our proposals on the playground in Victoria Tower Gardens were of course considered very carefully by the independent planning inspector. Once the planning process is restarted, the playground will no doubt be considered again.

As for the assurances that we have given to the Lords Select Committee, the Government will be accountable to Parliament for ensuring that they are carried out. There is therefore no need to include these new clauses in the Bill. They would add nothing to the commitments that have been given and would simply open the door to potential legal challenges that would delay still further the construction of the Holocaust memorial.

The noble Lord, Lord Blencathra, asked specifically about the planning process, as did the noble Baroness, Lady Scott, on the previous group. This application is subject to the passing of this Bill. The planning process would mean that the designated Planning Minister, Minister McMahon, would consider the options. It is up to him to decide which options he would want to take forward. One would be written representations, a second would be a public inquiry and a third would be a round table based on a consensus approach. These are options for the designated Minister to consider.

I hope I have clarified noble Lords’ concerns and issues, and I therefore ask the noble Lord, for whom I have great respect—I spent a lot of time in Bahrain as a student of his diplomacy—not to press his Amendments 18, 19 and 20 requiring new clauses.

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Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, very briefly, we think that it does. I note that the noble Viscount, Lord Eccles, has an amendment in group 7, when we will discuss this in depth.

Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, I begin with a profound apology to my noble friend Lord Strathcarron, whose amendment I inadvertently stole. For some reason, when I was writing up my notes, in my enthusiasm for some of the amendments here, I assumed it was mine. I therefore jumped up today to propose it as mine—it certainly was not mine and I apologise for that. My noble friend kindly agreed to let me do the wind-up in his place.

My noble friend Lady Scott of Bybrook said that the only reason why the Opposition might object to it is if there were practical problems. By that, I think that she meant if there were construction, engineering or big design problems, but we say that there are practical problems because, as the noble Baroness, Lady Deech, said, there is nothing Jewish about it. There is no Jewishness in the whole thing.

The Minister attempted to justify regurgitating the Ottawa failure on the basis that architects often reuse designs. Yes, that is fair game, except that this was supposed to be a uniquely British design. The design for the memorial in Victoria Tower Gardens, or wherever it was to be, had to be a uniquely British one. There is nothing uniquely British about something that Canada rejected.

In my remarks, I did not refer to the personal problems that Mr Adjaye experienced and the allegations against him. I simply note that he has said:

“I will be immediately seeking professional help in order to learn from these mistakes”.


The Government keep saying that it does not matter now, because Adjaye will have nothing more to do with it in future. It is too late to withdraw from it now —it is Sir David Adjaye’s design. He was praised to the heavens and his name was mentioned 12 times in the press release announcing the design. The Government were very proud to have David Adjaye then, and it is no good now trying to distance themselves from him.

I am not Jewish, so I cannot understand the depth of feeling there would be about someone who, because of sexual problems, has withdrawn from a project to design a memorial for 6 million slaughtered Jews. All I can say from my own background, with two uncles who were in the 51st Highland Volunteers, captured at St Valery and taken to Stalag Luft 14, is that I would not like a monument to them and to the regiment to be designed by someone who had these sexual allegations against them. I would hate that.

One of my noble friends said that a new monument would be completed quickly and at much smaller cost. Of course, a separate learning centre above ground would also be cheaper. My noble friend Lord Sassoon made a very good point. We can get a suitable amendment that would lead to an appropriate memorial that relates to Jewishness, is the right size and tries to get across the message that the memorial is there because 6 million Jews were slaughtered. That is the most important thing.

Having said that, I beg leave to withdraw my noble friend Lord Strathcarron’s amendment.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, before the noble Lord sits down, I clarify that these are allegations.

Holocaust Memorial Bill

Debate between Lord Blencathra and Lord Khan of Burnley
Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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The noble Lord, Lord Hodgson, makes an excellent point. In response to his request, I am absolutely happy to provide all the details on the structure and the associated issues that he raised. We will write not just to him but to the wider Committee.

Lord Blencathra Portrait Lord Blencathra (Con)
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I think the Minister said that the Secretary of State will be in charge. Do I take it, therefore, that the delivery body will be the Secretary of State and the department? The Secretary of State will draw up the design for the architects, after the planning permission, and she and her officers will let the contract and put in its terms and conditions, the cost overruns and all that sort of thing, so that by the time the NDPB is set up to run it, the Minister’s department will be managing the delivery of this contract. Is that right?

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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The Secretary of State is responsible for the delivery of the project.

Lord Blencathra Portrait Lord Blencathra (Con)
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That is reassuring.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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I want to move on because there are a lot of points to come on to that I am pretty confident noble Lords will ask about, but I assure them that I will come back to the points raised.

In our response to the Select Committee’s report, we have said that we will seek to work with the Royal Parks in taking forward the recommendation. That said, I believe it would be completely wrong to set a formal limit on Holocaust-related events and not on other types of event. The Bill should not pre-empt the discussions we will have with the Royal Parks at the appropriate time by setting an arbitrary statutory limit on closures. We will work proactively with the Royal Parks to find a suitable solution that properly respects the rights and interests of all parties.

Amendment 33, proposed by the noble Lord, Lord Blencathra, seeks to set out the future management responsibilities for different parts of Victoria Tower Gardens.

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Lord Blencathra Portrait Lord Blencathra (Con)
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I am sorry to interrupt the Minister, but the infrastructure authority did not say that the only reason this project is undeliverable is that we did not have a Bill. It listed a whole host of reasons why it was undeliverable: no plan, no proper costing and no one really in charge. I do not want to go on at length about it, but I can certainly look out the exact quote for the Minister.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, finally, I turn to Amendment 5 from the noble Viscount, Lord Eccles, which would require the Holocaust memorial and learning centre to be managed by a non-departmental public body. The Prime Minister’s Holocaust Commission report included a specific recommendation for the

“creation of a permanent independent body”

with responsibility for implementing the commission’s

“recommendations to commemorate the Holocaust and ensure a world-leading educational initiative”

in the long term.

The noble Viscount talked about the learning centre. We envisage an ambitious programme of educational activities. Some will be delivered on site and many will be delivered by working in partnership with other organisations, such as the Holocaust Educational Trust. The commission’s vision, which the Government accepted, was that such a body would guide, sponsor and facilitate ongoing commemoration and educational initiatives to ensure that the memory of the Holocaust and its lessons remain vibrant and current for all future generations.

A range of options are being considered for operating the memorial and learning centre. As a significant public investment, responsibility for managing the centre will need to rest with a body ultimately accountable to Parliament. The cost of running the memorial and learning centre will be met through a mixture of fundraising and grant funding, as with many other government-sponsored organisations.

As no decisions have yet been taken by the Government on the right model for operating the Holocaust memorial and learning centre, it would not be right to tie our hands by including a statutory requirement that it be a non-departmental public body. Indeed, it would be premature to do so, given that we do not yet have planning permission for the centre to be built.

The noble Baroness, Lady Deech, asked about future planning permission. It is for the designated Planning Minister to decide what he will do and what approach to take to planning.

Finally, the noble Lord, Lord Pickles, raised numerous examples of the creation of Holocaust memorials and museums across the world. I want to talk about the one in the United States, which I visited in 2018. The proposal to create a Holocaust memorial museum in Washington was announced in 1979, yet the memorial did not open until 1993. It was announced by the Administration of President Carter and opened by President Clinton. The site chosen, next to the National Mall in Washington, DC, generated considerable opposition, including on the grounds that it would lead to anti-Semitism because Jews would be seen as having privileged status, that injustices in American history were more deserving of memorials, that it would be used to whitewash America’s responses to the Holocaust or not do enough to celebrate its responses, or that the Holocaust was not relevant to American history.

All these reasons for opposition were given; another was that it was the right idea but in the wrong place. By 1987, the final architectural design was agreed but criticism and demands for changes to the design continued. The United States Holocaust Memorial Museum was opened by President Clinton in 1993.

I understand that there is opposition and that there has been delay, but time is of the essence. I want to echo the point made by the noble Baroness, Lady Scott. We want to ensure that Holocaust survivors are, we hope, present and alive to witness this being built and completed. I hope my explanations will enable noble Lords to understand why I am unable to accept their amendments. I request that the noble Viscount withdraws his amendment.

Lord Blencathra Portrait Lord Blencathra (Con)
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May I just make sure that the record reflects accurately what the Infrastructure and Projects Authority actually said? On 16 January this year, it said:

“Successful delivery of the project appears to be unachievable. There are major issues with project definition, schedule, budget, quality and/or benefits delivery, which at this stage do not appear to be manageable or resolvable. The project may need re-scoping and/or its overall viability reassessed”.


Never once did it mention that it was undeliverable because we had not got a Bill yet and I would like the record to reflect that accurately. I am afraid that the Minister may have been fed a line.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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Before we round up the debate, these generic arguments are not relevant to the Bill. Let me remind the Committee, in the kindest way, that the Bill has two main functions. One is in Clause 1, which allows the Secretary of State to spend on the project; the other is in Clause 2, to disapply the 1900 London Act for the project to be built. I appreciate the noble Lord’s reflections but we are speaking to amendments here. However, there is an opportunity for discussion during the planning process.

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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.

Lord Blencathra Portrait Lord Blencathra (Con)
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This will be my last comment of the evening. Is there anyone in this Room who seriously believes that the Minister will pick the option of a fresh planning application to Westminster City Council? Of course he will not.

Holocaust Memorial Bill

Debate between Lord Blencathra and Lord Khan of Burnley
Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, it would help if I can come on to more details about contingencies and costs, and then we can come back. If I do not answer anything specific, I can come back to the noble Lord in writing or in a further meeting.

Lord Blencathra Portrait Lord Blencathra (Con)
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We will deal with this issue more extensively in the third group of amendments, but perhaps it would help to quote from page 11 of the National Audit Office report, which sets out all the organisations in charge of trying to run this project. It says that the Treasury is:

“Responsible for allocating funding for the programme. Treasury approval is required at different stages as per the Integrated Assurance and Approval Plan … As a condition of the funding, the Department must seek further Treasury approval if the programme is forecast to use more than half of the approved contingency”.


Another box also says that the Cabinet Office must give approval as well.

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Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, the simple answer is that we will seek tenders for the main construction contracts once planning consent is secured but, to use the noble Lord’s words, we need to get on with it.

Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, I do not think I can recall this Committee Room being so packed out with colleagues, on all sides, for such an important and controversial debate. As the Minister would say, some passionate speeches are being made here today; I am grateful to all colleagues who have taken part.

I was particularly struck by the comments from the noble Lord, Lord Lisvane, who gave a powerful criticism of the Explanatory Notes. It is not just this Bill where I have found that the Explanatory Notes did not explain much; as a former chair of the Delegated Powers Committee, I found that in almost every Bill we got. The noble Lord is right to make the points that there could be substantial changes to Parliament’s visitors centre and that that has not been taken into account here.

The noble Lord, Lord Carlile, rightly praised the dedication of my noble friends Lord Pickles and Lord Finkelstein to a memorial. My noble friend Lord Pickles has for many years championed this cause; just because I think that it may be the wrong place and the wrong memorial does not take away from the fact that he has been an absolute hero. However, my noble friend said that this memorial would improve the park, but that is not what Adjaye, the architect, said. When people said that these fins are despicably ugly, he said:

“Disrupting the pleasure of being in a park is key to the thinking”


on the memorial. I thought that key to the thinking was finding a memorial that commemorated the 6 million exterminated Jews, not putting something ugly in the park. Of course, the Government never mention Adjaye now. In the press release announcing that his bid had been accepted, he was named 12 times as the greatest architect in history. Now, he is wiped out from the memory, and the name is given to the rest of his firm but not to Adjaye.

Moving on, the noble Lord, Lord Carlile, was so right to point out that people will come to a memorial if it is good enough, not because of where it is sited. That is a key point.

I am grateful to my noble friend Lord Sterling. His description of his family circumstances and the Holocaust match, if in a different way, the circumstances of my noble friend Lord Finkelstein. The noble Lord, Lord King is right: let us have a decent learning centre and a fitting memorial.

My noble friend Lord Inglewood said that building in inflation, which is going through the roof at the moment, will be absolutely essential. That tied into the point made by the noble Lord, Lord Griffiths, about the fact that we must have a cost ceiling. It may not be £138 million—indeed, it may be something else—but, unless there is a cost ceiling, the costs will go through the roof.

I am grateful to the noble Baroness, Lady Walmsley, for her comments and her personal statement. I appreciate that she was not speaking as a party spokesperson.

My noble friend Lord Inglewood said that he was not an accountant, but at least what he said added up and made sense to me in any case.

The shadow Minister, my noble friend Lady Scott of Needham Market, said that no one wants to break a solemn promise. I suspect that there is no one anywhere in this Room who wants to break the promise to build a memorial, but what we all want is a proper memorial and a big, proper learning centre, as the Holocaust Commission recommended.

I come to the Minister. I have always liked him, ever since he was a Whip. I used to be a Whip in the Conservative Party. Us Whips have to stick together, in a sort of camaraderie; someone should explain that to Simon Hart. I welcome the Minister to his position—he is a thoroughly decent man and a caring, nice Minister—but he has been under some pressure today and that is not his fault. We have the National Audit Office’s report, which is devastating against his department. We have the Infrastructure and Projects Authority’s report, which is also highly critical. That same department has had to give the Minister a brief. He has had to defend the indefensible today, but I give him credit for trying.

I want to conclude by asking the Minister something. Before Report, when I suspect that noble Lords—perhaps better noble Lords than I—will wish to put down a new amendment on costs, will the Minister produce a full, updated cost for the project? Will he give detailed answers before Report, as well as full answers to the NAO’s criticisms? I should say to him that I do not think the NAO criticised this project because we have not got the Bill through yet. It said that this project was undeliverable based not on that but on the fact that there was no schedule, no budget and no quality control. For a whole range of reasons, it found it grossly inadequate.

I think the Minister said that my ceiling of a 15% contingency was an arbitrary figure. Well, the Government have suddenly bunged in an extra £50 million with no justification, and I suggest that that is also an arbitrary figure.

I am grateful to everyone who has spoken. Obviously, I will not push it today, but we will need to get some detailed answers on the costing and control of this project before Report, or I suspect that we will have to come back to this then. In the meantime, I beg leave to withdraw the amendment.

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Lord Blencathra Portrait Lord Blencathra (Con)
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Can the Minister confirm that the Government looked at 50 sites before deciding on Victoria Tower Gardens? Is it not the case that Victoria Tower Gardens was selected first and a search then went on to look for unsuitable sites?

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, I strongly reject that assertion. That was not the case. It was a competition; 50 sites were considered and after all those considerations, it was decided.

I must make progress. I will answer the points that have been raised in the debate. There is a lot to get through as this is a big group, but turning the clock back 10 years to conduct further searches in the belief that some greater consensus will be found is simply not realistic. Moreover, one implication of these amendments is that the learning centre might be located separately from the memorial. The clear recommendation of the Prime Minister’s Holocaust Commission in its 2015 report was that

“the National Memorial should be co-located with a world-class learning centre”.

That recommendation was accepted by the then Prime Minister, with cross-party support.

The reasons why co-location matters are clear. We want the Holocaust to be understood. We cannot assume that visitors, however powerfully they may be affected by the memorial, will have even a basic understanding of the facts of the Holocaust. We cannot assume that they will recognise the relevance of the Holocaust to us, here in Great Britain, now and in the years to come. A co-located learning centre provides the opportunity to give facts, setting the memorial in context and prompting visitors to reflect.

I have no doubt that visitors will be motivated to learn more, as I was when I visited the Washington memorial. For many, the learning centre will be a starting point. I am confident that many visitors will want to explore the subject further at the Imperial War Museum in Lambeth, at the Holocaust Centre and Museum in Nottinghamshire, at Holocaust Centre North in Huddersfield and at many other excellent institutions in the UK and abroad. If the memorial were not accompanied by a learning centre, how many opportunities would be missed? Is it realistic to expect that thousands of visitors would see the memorial and decide then to make a journey of some miles across London to search out further information? Perhaps some would; I am certain that a great many would not.

Turning to the point raised by the noble Lord, Lord Robathan, and the noble Baroness, Lady Fleet, making a comparison with the Imperial War Museum Holocaust galleries and the size of this learning centre, the learning centre will have around 1,300 square metres of exhibition space, which is about the same as the Imperial War Museum Holocaust galleries. I want to address the points raised by the noble Lord, Lord Hodgson. To be clear, the great majority of visitors will come via public transport, not by coach. Our plans for vehicle access are included within a construction logistics plan which we previously shared with Westminster City Council and which we expect will need to be agreed with it as a planning condition. Visitors will have access to the gardens using the existing entrances, with the site entrance permanently manned with security and construction banksmen.

The noble Baroness, Lady Deech, said that her offer to meet supporters has been ignored. I must politely disagree. Officials and I have met with her and I will continue to meet her whenever she wants, my diary permitting. I am always happy to meet any noble Lord who strongly wants to raise anything. I can see the passion today. The noble Lord, Lord Carlile, referred to the great expertise of the noble Baroness, Lady Fleet, and my noble friend Lady Blackstone. I am happy to meet at any time in relation to expertise.

Environment Bill

Debate between Lord Blencathra and Lord Khan of Burnley
Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, I declare my interests as in the register. It would be churlish of me not to congratulate my noble friend and the Defra Bill team on making these technical amendments. They were the recommendations of the Delegated Powers and Regulatory Reform Committee, which I am privileged to chair. On behalf of the committee, I thank the Minister and the Defra team for making them. One of the powers has moved from negative to affirmative—no big deal, but we are very grateful for it. The others are textbook examples of what departments can do to improve parliamentary scrutiny. We were not demanding that the SIs be affirmative or that they be negative; we were simply saying, “Please lay them before Parliament and publish them.” They have agreed to do so.

In the report that we publish today on the police and sentencing Bill, which the House will consider tomorrow, we will be scathing in our condemnation because the Home Office has failed to do those simple things in its legislation. Let this be a lesson to it on what can be done.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, it is a pleasure to follow the noble Lord, Lord Blencathra. I was going to prepare a 20-minute response to the Government’s amendments, but in the interest and spirit of getting to COP 26 faster, I will just say that we on these Benches welcome that the Government have listened to the Delegated Powers and Regulatory Reform Committee and accepted its recommendations, which will be good for everybody involved and the wider stakeholders.