Holocaust Memorial Bill

Lord Sassoon Excerpts
Lord Austin of Dudley Portrait Lord Austin of Dudley (Non-Afl)
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Hold on. Let me be really clear about this. Of course I am not suggesting that—not for one moment. What I said, very specifically—the noble Lord should concede this—was about the historian responsible for the content of the memorial. I was speaking about that specifically and not about anybody else’s knowledge of the history of the Holocaust. I would never do that. I would not presume to do that—certainly not to the noble Lord; I really would not.

I offer this right now: let us ask that historian to come back to Parliament before our next session. I hope that everybody here who is concerned about this matter will attend. They can sit down with him, listen to his assurances, and look at the plans and the content in detail.

Lord Sassoon Portrait Lord Sassoon (Con)
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The noble Lord, Lord Austin, says that he wants to move things on in this Committee; I completely agree with him. So why does not he let the Minister answer the direct question about the assurances—or non-assurances—he gave about the content, rather than wasting our time with talk about historians, very interesting though it is? I attended an online seminar, and it is nonsense to say that no other noble Lords listened to what the historian had to propose. Instead of the noble Lord speaking for the Government, it would be interesting if, in due course, we moved on and let the Minister answer the charge that has been made by my noble friend Lord Blencathra and others.

Lord Austin of Dudley Portrait Lord Austin of Dudley (Non-Afl)
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The noble Lord seems to have no objection to people making lengthy speeches on all sorts of points and tabling a million amendments that support his argument, but he objects now. This is a debate: people make points and others are allowed to respond to them. That is how it works. I offer the noble Lord this: if he can get everybody else not to make lengthy, repetitive speeches on spurious points, I will be very happy not to respond to them.

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Baroness Fleet Portrait Baroness Fleet (Con)
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My Lords, I support Amendment 16 in the name of my noble friend Lord Strathcarron. I, too, am greatly in favour of a new Holocaust memorial in London—we all are—but the proposed memorial, designed by the discredited architect David Adjaye, is totally inappropriate. The noble Baroness, Lady Deech, delivered, in her inimitable way, a brilliant analysis of the once-fashionable David Adjaye. As the former chairman of Arts Council England, London, I would like to make a few observations.

Since 2015, I have taken an interest in the process to select a design and location for the Holocaust memorial. It was clear early on that this proposal would run into trouble, as indeed it has. A long process involving an international competition with 92 entries from all over the world by no means guarantees a good outcome. The then new Mayor of London, Sadiq Khan, announced in October 2017 that the memorial’s location next to the Houses of Parliament was,

“designed to ask questions about the role of society and its institutions in preventing hatred”.

A noble aim, I am sure, but it was also clear that we were heading for trouble because of the highly contentious issue of including other genocides, which has been hotly debated today. Surely the purposes of the project are to commemorate the victims of the Holocaust and to provide an educational learning centre about the Nazi’s genocide of the Jews. Can the Minister clarify once again why and when other genocides were added to the memorial’s purpose?

Then we come to the design of the memorial. Call it what you will—a giant toast-rack or a ribcage—but it is the wrong design. It is a recycled, previously rejected design in the wrong place. Members of the design jury, a number of whom I know quite well, might normally be considered sensible and sensitive. However, there is nothing sensible and sensitive about the Adjaye design with its disproportionate scale. UNESCO has declared that it will compromise a world heritage site.

In the design, I am influenced by the dignity of memorials that I have seen across Europe and America while travelling with my husband, whose grandfather died in Auschwitz. The design of the memorial in Berlin, for example, is inspired and inspiring. It is very sombre; the slabs of grey concrete tell a powerful story. It is a place of understanding and contemplation. I remember that, on the day that I visited, drops of rain fell, like tears, on the grey slabs. It was a memorable and deeply moving experience.

The memorial proposed for London, however, is overbearing, with its showy 23 looming bronze fins. Why 23? The explanation will be puzzling to almost everyone who sees it, as my noble friend Lord Blencathra said. Did the design jury actually visit the site? They would surely have seen how the chosen design would dwarf the other memorials in Victoria Tower Gardens, in particular the important memorial to Sir Thomas Fowell Buxton in recognition of his work to abolish slavery. The design by the Victorian architect Samuel Sanders Teulon and Buxton’s own son, Charles, is quite delicate and modest, as Buxton himself was.

My ancestor Sir John Bowring, MP for Bolton, was a colleague and contemporary of Sir Thomas. Bowring was a strong opponent of slavery, being an early member of the Anti-Slavery Society founded in 1823. An economist, Unitarian and polyglot, I can only imagine what Sir John’s view would have been of the giant toast-rack. My half-brother is a Buxton, and I share his family’s disappointment that those remembered for campaigning against slavery will be minimised by this thoroughly inappropriate Holocaust memorial.

It is not just residents, disparagingly described in the past as self-interested, who are opposed to this memorial. Jewish people are not universally at one with the Chief Rabbi who supports it. I am not Jewish, but I know that a great many members of the Jewish community, including the remarkable Holocaust survivor Anita Lasker-Wallfisch—mentioned by the noble Baroness, Lady Deech—are opposed to it. This memorial really is the wrong design in the wrong place.

Lord Sassoon Portrait Lord Sassoon (Con)
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My Lords, I also support Amendment 16, or something like it. This is a very important amendment: it takes us right back to the core of the Bill, which is really about the nature of an appropriate memorial in this specially protected location for this unique purpose. I took a break during the afternoon to go out into the gardens, and it was interesting to observe that some things will remain unchanged, whatever is built there: the extraordinary smell and the scent of the hyacinths at the north end of the gardens will remain unchanged—and might be enhanced, as we have heard.

There are some things that will not remain unchanged, but where compromise is appropriate and will certainly be necessary. I saw young children from a local nursery in the playground this afternoon. The Minister is looking weary, but I am afraid I am going to detain him, as this is important—he looks at his officials as if to say: “What do I say? What do I think?” In my view, this goes to the heart of the matter—where do we need to be concerned and what should the Bill address? We have to recognise that, whatever happens, the playground will be a noisier place, with people all around it. For the nursery assistants who were wheeling these children in this afternoon, it will be different, but that is the sort of thing which I believe is an appropriate and necessary compromise.

There are other things that, with good will—which seems to be a bit lacking today and over the past couple of weeks—and good sense, are clearly capable of being sorted out, including security, safety and other issues. I have had the privilege of standing where the Minister is today. For a lot of these debates or issues, people say, “This needs to be on the face of the Bill”, and the Government often, perfectly reasonably, say, “Oh, we’re going to do it, so we don’t need it on the face of the Bill”. There has been a certain amount of that, but these are important areas.

We are discussing something that will be irrevocably changed: the nature of the world heritage site if this proposal goes ahead. I know that the Minister, in response, will say that we will talk about UNESCO next week, as he said to me last week. However, my point is that UNESCO, a convention to which the UK is a signatory, places obligations—albeit not legal ones—on the UK. It is difficult to talk about this amendment without referencing the concerns of UNESCO. If the Minister wants to respond on UNESCO today—he does not look as though he is likely to—it would be welcome. I note that there are other UN conventions to which the UK is a signatory, which do not themselves impose legal obligations, for which this Government seem to be bending over backwards to follow UN rulings, decisions and advice.

It is also worth putting on the record—because people do read these proceedings—that what I have heard today is not about nimbyism; some extremely unfair accusations have been made. Yes, the proceedings may be going on a bit long, but a lot of what we have heard today, and in previous sessions in Committee, are examples of your Lordships at their best: bringing relevant expertise to a thorny, difficult problem. Like many, I live under the flight path to Heathrow. I am a proponent—I always have been in, both in government as an official and since I left government—of more runway capacity at Heathrow. The accusation that a lot of us are coming at this as nimbys is very unfair.

It is also worth restating—because earlier, one Member of the Committee completely mischaracterised the nature of hybrid Bills—that, for hybrid Bills, the House of Lords is obliged to allow for private interests to be stated. That was dealt with admirably by the Committee looking at the Bill. I note that the House of Lords, between 1909 and 1969, considered and passed four Dudley Corporation Bills; they were hybrid Bills. I suspect those Members of the House of Lords, if they were here when the Dudley Corporation Bills were going through, would have been outraged if the interests of Members with an interest in Dudley had not been given a hearing. That is important to recognise. Now that we are speaking in the normal way, as Members of the House of Lords, it seems to me hardly surprising, given the proximity of the subject matter of this Bill and the nature of what is being proposed, that a significant number of Members of the House have important things to say about it, just as we would on any other topic where we thought we had something to bring to the party.

Having said that, it is important to go straight back to the planning question. I will not make artistic judgments, as some of my noble friends have, and I will not talk about architects. I happen to think that the Vienna memorial by a British sculptor, which was referenced earlier, is very moving; it is right in the centre of the city in Judenplatz. However, that just demonstrates that there are all sorts of views on artistic matters, and I do not believe that the Committee should spend time thinking about artistic matters. What we should be thinking about is what the noble Lord, Lord Carlile of Berriew, said. He reminded us that this is a planning Bill. Clause 2 is all about sweeping away particular planning restrictions, so it is no good the Minister keeping on saying, “Well, it is all to be dealt with in the planning process”.

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Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, swiftly moving on, it is not realistic to suppose that a new design competition would produce a design that pleases everyone. Let me be absolutely clear: I have featured in a BBC housebuilding documentary programme and I was most suspicious of design but, by the end of the 14 months when I was running for the European Parliament, I realised the impact and the power of design. Everyone has different tastes and different suspicions of design; everyone has different views. Differences of view about the artistic merits of designs are nothing new. It is quite proper that there should be an open debate about the design of new memorials, indeed of all new public buildings.

The design that is proposed for the UK national Holocaust memorial and learning centre is the product of extensive consultation, a design competition that attracted many of the best architects in the world and a judging process that relied on the deep expertise of a talented and experienced panel. Are we simply to set all that aside and require the process to be repeated? It is right, of course, that a decision to proceed with construction of the memorial and learning centre should be taken only after all relevant voices have been heard.

A number of noble Lords, including the noble Baroness, Lady Deech, referred to the press reports in 2023 concerning Sir David Adjaye. Following allegations made in those reports, Adjaye Associates has said that Sir David will not be involved in the UK Holocaust memorial project until the matters raised have been addressed.

I am not sure whether the noble Baroness, Lady Fleet, was in her place when I made the following point. The learning centre will look at subsequent genocides through the lens of the Holocaust. The content of the learning centre is being developed by the leading international curator, Yehudit Shendar, formerly of Yad Vashem. The focus is to ensure that the content is robust and credible and reflects the current state of historical investigation into, and interpretation of, the Holocaust. The exhibition will confront the immense human calamity caused by the destruction of Jewish communities and other groups, and the exhibition will also examine the Holocaust through British perspectives.

The noble Lord, Lord Sassoon, said that he knows nothing wiser. I was very clear in an earlier group about the next steps of the process around planning options, subject to the passage of the Bill. I made it very clear last week—and I will say it again after the confirmation of the previous group—that the designated planning Minister, Minister McMahon, will take an approach of his choosing, whether that will be a consensus round- table meeting, written responses or a public inquiry. It is for the designated Minister to decide which approach to the planning process he will take. On his very important focus on world heritage sites, I would not do justice to the noble Lord’s passion in this area if I swiftly gave the answer now, but I will come back to him, and go through this in detail, in the next group.

Lord Sassoon Portrait Lord Sassoon (Con)
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I appreciate that the Minister does not want to repeat multiple times his definitive words on the world heritage site, and I fully accept that. On the planning, what he has just said—which I have heard him say before—seems to give absolutely no comfort about the future planning, because he says that it is entirely for the Minister. Does he accept that it would be technically possible for the Government to put amendments to the Bill that would guide the future planning process? At the moment, the Government are washing their hands of it. Would it be possible for the Government, or anybody else, to come forward with amendments to the Bill to direct in some way the shape of the future planning process, to give the Committee more comfort about what will happen, rather than just being told that it might be something or nothing?

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, let me make it clear: it is for the designated Minister to decide the process and make the decision. If it means that, as normal planning decisions are made, there might be some conditions as part of the planning process, as is normal—for example, you cannot start building without consultation and cannot open the building without letting Westminster City Council know about security—then that is up to the Minister. I know other examples; I have just given one there. The process is totally detached from here and from me bringing the Bill forward as a supporter of it.

Moving towards concluding remarks, the noble Baroness, Lady Deech, suggested that the memorial proposed for Victoria Tower Gardens is in some way a copy of a proposal that the architect submitted for a Holocaust memorial in Ottawa in 2014. I find this a rather strange criticism. When we consider the Buxton memorial, for example, are we to think less of its design because the architect used a similar Gothic revival style somewhere else? Should we be disappointed with “The Burghers of Calais” simply because it is one of 12 casts of the same sculpture? The topic was, of course, addressed at the planning inquiry, where the late Asa Bruno was able to point out that, while sharing a basic common architectural motif, the two proposals differ greatly in scale, material, form and proposed visitor experience, so that was clear from the public inquiry.

Holocaust Memorial Bill

Lord Sassoon Excerpts
Baroness Deech Portrait Baroness Deech (CB)
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My Lords, I do not belong to that small group of people who think that any old memorial will do, as long as we get one. Let me remind your Lordships that we already have at least half a dozen Holocaust memorials in this country and at least 21 learning centres, including the much-praised one set up by the grandfather of the noble Lord, Lord Finkelstein. I cannot see anything going up in VTG that will better that.

I want to add a few comments on the three topics that are in this group: the kiosk, flooding and the memorials. I feel very strongly about the kiosk, and I am grateful to the Select Committee. Indeed, I am grateful to members of the Select Committee for turning up today and at other hearings, given that they sat through the objections for about six weeks, with great patience, and were very constrained in what they could say. Their presence here, I think, speaks for itself. We are grateful.

On the kiosk, the Select Committee said that its principal concern was

“the congregation of very large numbers of visitors at the proposed new kiosk immediately adjacent to the playground. This raises child safety issues. Unless there is some overriding necessity for the proposed new kiosk, we recommend”

that it should be removed “from the present plans”. This was in response to my submission to the committee that there should be no food and drink sales, let alone souvenirs and hamburger vans, in the gardens or nearby if the memorial is sited there.

It seems to me that to allow a kiosk shows a profound misunderstanding of what a memorial should be reminding us of. A café of a coke-and-crisps nature, which is what this would be, because it would be for park-goers, visitors and all sorts, is deeply disrespectful as a memorial to people who starved to death. Having a café there will simply cause more congestion, litter and crowding. Those are the reasons for the amendment.

This café would not be like one you might find in Yad Vashem or in Washington, because it would be open to the whole neighbourhood and everyone who turns up. A new café would bring all the detritus that such cafés inevitably bring to a public park, with thousands of people queuing and using it—both those coming out to do so and passers-by. It is not a good idea. Indeed, if it were removed, there would be more room for the playground, which is being reduced in size.

In response, the promoter said no more than that they will look at the design and location carefully. Driven as it is by commercial attitudes and wanting to maximise the day-trip atmosphere, I have grave doubts about this. It may also be thinking of the many builders who will be in the gardens for decades doing restoration and renewal, who will want their mugs of builder’s tea, just adding to the inappropriate atmosphere. The presence of not only the kiosk but crowds in the gardens will no doubt bring vans selling burgers and ice cream, and souvenir sellers. I have no confidence that by-laws will prevent this. It is imperative that if a memorial atmosphere is to be created, such smelly and noisy intrusions should be prevented—making more room for the playground, as I said.

On flooding, I defer, of course, to the masterly presentation by the noble Baroness, Lady Walmsley. The trouble with all the pictures we have seen of the proposed memorial is that it is always in the sunshine, and it is always sketches. Rain and inclement weather seem never to be considered in the plans. For example, the promoters have mentioned gatherings of hundreds of people on the sloping entrance to the learning centre, but in reality, would they stand there for hours in the rain, especially if they are elderly?

We do not know what escape routes there would be if water entered the basement. As has been explained, there is no above-ground refuge space. Even a mild incursion of water into the gardens over the little wall would seep in and certainly make a visit unpleasantly soggy. There is a picture on Twitter of the river water going over the little wall last summer. If the local drainage system is overwhelmed by heavy rain, the water will find its way into basements. Indeed, a basement dwelling in this area would not be permitted at all. The only solution is a redesign, with the entrance far above any possible flood level—or, of course, to move to a better site. Central sites of as much importance as this are available.

Visitors’ lives are being put at risk to make a political point about the Westminster location, which is the source of all the trouble. Will the Minister explain why the detailed objections to the location because of flooding, expressed in letters from the Environment Agency to Westminster City Council in 2019, are not being dealt with? We need a full report on the risks and how they can be dealt with, given by structural engineers in conjunction with the Environment Agency.

Finally, I will say a word or two about the Buxton memorial. The Buxton family is very much with us. Indeed, it has been a very good coincidence that Mr Richard Buxton, a direct descendant of Thomas Buxton, happens to be a planning solicitor and has worked with our group of objectors all along. We know that the planning inspector accepted that the development would cause harm to the Buxton memorial.

It is worse than that, because the problem with the inspector’s inquiry was that he did not have in mind, and was ignorant of, the 1900 Act prohibiting building in Victoria Tower Gardens. Had he been able to take that on board and balance the benefits of the 1900 prohibition against the damage to the memorial, I think his words would have been even more strident. With the proposed developments in place, the prominence of the Buxton memorial will be largely removed, because the view will change from open parkland to one focused on the nature of the memorial.

The very few who were consulted beforehand were told that any design for the gardens had to harmonise with the Buxton memorial. They were told in Manchester that planning permission was a mere formality anyway. Not only that: the Windrush demand for a monument to slavery in Victoria Tower Gardens was turned down for lack of space. It seems wrong to diminish the visibility of the Buxton memorial, which provides a focus and an educational asset that could perhaps be developed to cater for the views of other groups that are rightly concerned with this long and shameful practice. I would deplore anything that devalued its importance.

Obviously, then, I support the amendments in this group. The Holocaust memorial should be no bigger than the Buxton memorial. There should be room to walk around it to enable it to be seen properly. I can safely surmise that future generations will think of us, quite rightly, as Philistines and wreckers if we allow the destruction, in visual terms, of these memorials.

Lord Sassoon Portrait Lord Sassoon (Con)
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My Lords, I start by referring to my interests, which I set out at earlier stages of the Bill. I speak now in support of my noble friend Lord Blencathra’s Amendment 11, in particular, because it really is the key to reconciling the positions of my two noble friends Lord Blencathra and Lord Finkelstein. It goes to the heart of the Bill because, whatever the Minister may say, this seems to be a Bill about planning. These amendments go to the heart of the planning issues in the Bill: the Minister is shaking his head but, by the very fact that this is a hybrid Bill, it brings into it private interests that, by definition in this case, cover planning matters. The Minister is nodding at that. Whether we like it or not, planning matters are brought in.

More fundamentally than that, there are two substantive clauses in the Bill. I remind noble Lords that Clause 2 fundamentally changes the planning regime applying to Victoria Tower Gardens. I do not know how we can get away without either discussing planning matters or having the Minister respond to them, rather than saying, “These are all for later”.

I was sorry not to have been here for the first day in Committee, but I read the Official Report carefully. The Minister said:

“Planning permission is still to be granted”—


we know that—

“and noble Lords will have plenty of opportunity to raise these important and pertinent points on the planning side”.—[Official Report, 4/3/25; col. GC 92.]

If I understood him correctly, he rowed back on that a little last week, but, if I heard him correctly earlier this afternoon, he said that these questions about the planning process will be for the designated Minister. It would be very helpful to the Committee if, when he responds, the Minister could either explain whether noble Lords will have plenty of opportunity—that would be fine because the Minister speaks for the Government and the Bill can enshrine that; it would be welcomed by many of us if the Bill did enshrine our having plenty of opportunity, which could be via restarting the planning process or somewhere else—or correct himself by saying that there is nothing in the Bill to give us any comfort about the future planning, because it is all in the hands of the designated Minister. It has to be one or the other.

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In conclusion, I and a number of noble Lords have referred repeatedly to the planning process as the proper forum for consideration of detailed matters relating to the proposed development. We were pleased to give an assurance to the Select Committee that we will notify parliamentarians and interested parties of the availability of updated information provided as part of the reconsideration of the planning application when it has been published. I hope that noble Lords will recognise that the planning process is the right mechanism for dealing with the matters we have addressed in this group. I ask the noble Lord to withdraw his amendment.
Lord Sassoon Portrait Lord Sassoon (Con)
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The noble Lord did not address my point about UNESCO. This has nothing to do with planning processes. Under the World Heritage Convention, state parties—in this case, the UK Government—

“are also expected to protect the World Heritage values of the properties inscribed”.

Will the Minister confirm that the undertakings to UNESCO are not part of any planning process and answer my question about how the Government regard their obligations in this case to UNESCO? Do they know better what is not appropriate in a world heritage site?

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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We will discuss UNESCO on a later amendment. It will need a bit of explanation, and I would like to discuss it in depth. If he could wait for that group, I will discuss that point.

Holocaust Memorial Bill

Lord Sassoon Excerpts
Lord Sassoon Portrait Lord Sassoon (Con)
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My Lords, legislation to overrule decisions of the courts that the Government do not like should be used very rarely. It should not be used in this case to promote a scheme which started with the best of intentions but has gone sadly, badly wrong.

My mother’s father and uncle were born in Frankfurt, Germany. They escaped the Holocaust as they had moved earlier to the UK. Other members of my mother’s family were not so fortunate. But in 1933, that great-uncle, Otto Schiff, founded the Jewish Refugees Committee in London. That committee took the lead in bringing German Jewish refugees to the UK, including through the Kindertransport. Otto Schiff was honoured by the Government a few years ago as a British Hero of the Holocaust. So I feel as strongly as anyone that there should—must—be an appropriate Holocaust memorial in the UK. But the memorial proposed is the wrong memorial, in the wrong place.

It is the wrong memorial because the design proposed and its location adjacent to Parliament have a wholly inappropriate and unfortunate air of triumphalism. The UK’s initial response to the plight of Jews in Germany was far from glorious, letting in only tiny numbers of refugees and under onerous conditions. Having a soaring, gleaming structure at the heart of Westminster, I believe, risks sending out all the wrong messages. I disagree fundamentally with other noble Lords on this point. But I do agree with my noble friend Lord Howell of Guildford, who pointed out the scale of what is proposed, which would block the marvellous view of the south façade of this Palace. I mention, as others have done, the Holocaust memorial in Berlin. It is a simple structure of low concrete blocks. It is extremely moving. Less is often more.

It is the wrong memorial because it includes, as we have heard, an inadequate learning centre. Yes, there must be a learning centre, but the story of the Holocaust is told brilliantly in the Imperial War Museum, as we have heard from my noble friend Lord Black of Brentwood. I do not see why the story cannot be developed further there, where it can be done properly.

It is the wrong memorial because it is becoming dangerously expensive. Last year’s estimate was £188 million, including contingency, and building costs have soared since then. At this time of strained finances, it is wrong to be committing such sums of public and charitable money without looking at more cost-effective options, which may also be quicker to build.

It is the wrong memorial because we are now told that it will put the Holocaust in the context of subsequent genocides. The Holocaust was uniquely appalling in the history of humanity. To muddy the story in this way raises many questions, as my noble friend Lord Goodman of Wycombe has pointed out. I think it is wrong.

The proposed memorial is in the wrong place. There has been no public consultation on the alternative locations, to which my noble friend Lord Strathclyde has added some interesting new ideas today. The lack of consultation is wrong.

Finally, the Victorians’ greatest contribution to London’s cityscape was the creation of the wonderful two-mile sweep of grass and trees that starts beyond Lambeth Bridge and follows the River Thames all the way to Temple Gardens, interrupted only by this Parliament’s great buildings, themselves a UNESCO world heritage site. The fact that this Bill facilitates the desecration—I am sorry to say—of this glory of London’s cityscape goes well beyond ordinary planning considerations. It is wrong.

I can hope only that the Government will reconsider this whole project. The country needs a more appropriate Holocaust memorial, with a more adequate learning centre than the one currently proposed.