Holocaust Memorial Bill

Baroness Scott of Bybrook Excerpts
Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, I will speak to Amendment 21. I have a few straightforward questions for the Minister on the so-called planning process. First, I say to my noble friend Lord Pickles, in the most comradely and indeed cuddly way, that I think he misunderstood what my noble friend Lord Robathan was saying. I do not take my noble friend Lord Robathan’s comments to mean that the Labour and Tory groups met in some secret cabal or caucus to sabotage the planning application. I took them to mean that, when they met in the council properly to determine it, all the Tories and Labour people voted against it, perfectly legitimately—not in some secret caucus.

The questions I have for the Minister are straightforward. First, will he confirm that the designated Minister to decide on the three options that he mentioned last week will be from his own department? Will it be Matthew Pennycook MP, Jim McMahon OBE MP, Rushanara Ali MP, Alex Norris MP or the noble Baroness, Lady Taylor of Stevenage? Secondly, will he state how their independence will be judged?

I must tell the noble Baroness, Lady Blackstone, that in my opinion there is not the slightest snowflake’s chance in Hades that the Government will again send this to Westminster City Council for a planning application. They will go for the other two internal options. In that regard, will the Minister set out exactly how the round-table proposal will work? Who will be invited, how many round tables will there be and what written evidence will they accept?

Finally, there is a suggestion for written representations as another option. Will he or the designated Minister accept and give full consideration to all written representations received, just like the planning application to Westminster City Council? If the designated Minister rejects them, will his or her justification be set out in full?

For the benefit of any present who may wish to give the Minister any advisory notes from the Box, I repeat: who will be the designated Minister? How will the department determine his or her independence? How will the round tables work? Will written representations permit all the representations that Westminster City Council receives? How will they be assessed? Will the designated Minister set out in full the reasons for rejecting written arguments, if the decision to go ahead is taken?

There you go, my Lords: two and a half minutes, which is a record for me in this Committee.

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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My Lords, the amendments in this group, as with many of the amendments that have been tabled to the Bill, relate to the planning process and the impact that the new memorial and learning centre will have on security and other buildings in the area.

Amendment 21, from my noble friend Lady Fookes, asks for a new planning application because of new information on security and environmental impacts. We have discussed these issues in an earlier group and I do not intend to revisit those arguments in my remarks here.

The amendment also seeks to place an expanded notification duty on the applicant. I do not support the amendment, but I am sure that the Minister will take this opportunity to reassure my noble friend Lady Fookes and her cosignatories that appropriate notifications will, as always, be sent in the appropriate manner to the appropriate persons.

Amendment 34, in the name of my noble friend Lord Howard of Rising, seeks to require another impact assessment before this project. I know that my noble friend’s concerns are deeply felt, but I do not feel that we need to do a further impact assessment. We need to make progress on the delivery of this landmark memorial, which was promised to this country so very long ago.

Amendment 38 seeks to give Parliament the final decision on planning. Parliament will have a say once the Bill is passed. We are not certain that bringing the proposition to Parliament once again is at all appropriate.

Lord Inglewood Portrait Lord Inglewood (CB)
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My Lords, the point I was arguing was about the LCC Act 1900, which completely antedates the planning system and imposes some statutory covenants. My amendment is focused on the statutory covenants, which have nothing to do with the planning system at all. If it is presented as something to do with the planning system, that is fundamentally to misunderstand the reality of the position we are in.

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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I absolutely agree with the noble Lord, but what we are discussing here should only be the covenant and we are discussing things that appertain to the planning application.

Lord Inglewood Portrait Lord Inglewood (CB)
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My Lords, but they are different, and they have different relevance and values associated with them, because in essence they operate in different areas of law and/or administration.

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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I have nothing further to say, my Lords.

Amendment 42, in the name of the noble Baroness, Lady Deech, touches on an important issue. Obviously, we would not want any proposals to damage or undermine the Palace of Westminster, Westminster Abbey or St Margaret’s. These are sites of immense value to the British people, and the abbey is of global architectural importance. That said, again, we do not feel that this amendment is necessary, and these questions should be addressed, as always, through the planning process.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, I thank the noble Lords, Lord Howard and Lord Inglewood, and the noble Baronesses, Lady Deech and Lady Fookes, for bringing these amendments. This group of amendments seeks to put in place a series of new requirements that must be met before progress could be made with construction of the Holocaust memorial and learning centre.

It may be helpful if I briefly remind the Grand Committee that a very extensive process has already been followed in the journey from the 2015 report of the Prime Minister’s Holocaust Commission. The commission consulted extensively before submitting its report, entitled Britain’s Promise to Remember, in January 2015. The recommendations in that report were accepted by all major political parties. An independent, cross-party foundation then led an extensive search for the right site. The foundation included experienced and eminent property developers. A firm of professional property consultants was commissioned to provide assistance. Around 50 sites were identified and considered.

The outcome is of course well known: Victoria Tower Gardens was identified as the most suitable site. The foundation was unanimous in recommending the site, which gives the memorial the prominence it deserves and which uniquely allows the story of the Holocaust to be told alongside the Houses of Parliament. The design of the Holocaust memorial and learning centre was chosen by a broad-based panel after an international competition with more than 90 entrants.

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Lord Vaux of Harrowden Portrait Lord Vaux of Harrowden (CB)
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My Lords, I will make a few comments on Amendments 24 and 41, which deal with the interrelationship between the Holocaust memorial and the restoration and renewal programme for the Palace of Westminster. I am the deputy chair of the R&R Programme Board, and I chair its sub-board, although I stress that I am speaking today strictly in my own capacity and not on behalf of the boards. As my noble friend Lady Deech said, I gave evidence to the Bill Select Committee at an earlier stage. I thought it would be helpful to the Grand Committee to set out briefly the ways that these two substantial projects may interact.

As noble Lords are probably aware, three R&R options are currently being worked out and we hope that the two Houses will make a decision later this year. One thing that all three have in common is that they expect to use a substantial portion of the gardens—nearly 50% by area—during the works as a marshalling area, for storage, for welfare provision, for loading and unloading and so on, as well as for the tunnelling activities that the noble Baroness referred to. To correct her, all three options include tunnelling under the building, not just two. This would all take place in the end of the gardens nearest the Palace and include the part of the gardens currently occupied by the temporary education centre.

The timing of when the use of the gardens would start to be required varies depending on which option we choose, but it is likely that it will be somewhere around 2030 to 2033. Some access may be needed before that to build a jetty in the river and, as the noble Baroness mentioned, the Victoria Tower works, which may or may not be part of R&R, depending on decisions taken, are due to start fairly imminently. Whichever option we take, the R&R works will be long term, so we are probably talking about a minimum usage of a substantial portion of the gardens for about a decade and potentially, perhaps probably, very much longer. The longer options last up to about 50 years.

As I understand it, the Holocaust memorial should be completed and open by the time the major works for R&R would get fully under way, so the overlap of the actual construction works on the two projects will be limited. But that does not mean there will be no interaction between the two projects. There are three principal areas of concern.

First, there is a concern that using a significant part of the gardens for the Holocaust memorial may make it more difficult to obtain the necessary consents for the use of a large part of what remains of the gardens for the purpose of the R&R project. Secondly, there is the impact that having nearly half of the gardens blocked off and being, effectively, part of a major building site for many years will have on the Holocaust memorial. That must surely impact on the dignity of the site and the ability for quiet reflection within it. Thirdly, there is the impact on the gardens. Having the two projects under way will inevitably mean that, for quite a long time, very little of the gardens will be available for use as a park. We will first have the upheaval from the building of the memorial and then, once that is completed, the other half of the gardens will become a building site. Quiet enjoyment of the gardens as a park will be near impossible for many years, possibly decades.

Whether these amendments are the right way forward is up for debate, but the Government really need to take this issue much more seriously than they seem to have done so far. When the Minister kindly arranged a virtual meeting before Second Reading, I asked about the interaction with R&R and was told by the officials present, effectively, that all was in hand and had been taken into account. I am afraid I felt that rather complacent at the time and still do. It is certainly not my understanding from my role as deputy chair of the programme board that this is under complete control. This is a very serious issue and needs much greater consideration by the Government.

Amendment 24 could usefully be strengthened: it requires the authorities of both Houses only to certify that they have satisfied themselves that the activities covered by the Bill will not impede the R&R of the Palace of Westminster. I think the amendment could usefully look at the three impacts I have described—in other words, it could also helpfully consider the impact of R&R on the Holocaust memorial itself, as well as the combined impacts of the two projects on the ability to enjoy the use of the gardens as a park.

I struggle slightly with Amendment 41, as it would mean that the Act will not come into force until R&R is completed, which could be decades—indeed, up to 50 years—away. It is, effectively, a wrecking amendment, so perhaps that goes a bit too far. But I support the sentiments and, again, I cannot urge the Minister strongly enough to take these issues much more seriously than they have been taken so far before any final decision is taken.

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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My Lords, both amendments in this group seek to delay plans to deliver the memorial and learning centre unless it can be shown that the works will not negatively impact the process of the restoration and renewal. I thank the noble Lord, Lord Vaux of Harrowden, for his clear explanation of the timescales and the importance of continued discussion between the two projects. When I was Minister in the department, that was happening regularly, as were discussions on security and other issues, and it is important that those things continue. With respect, however, what we have here is one long-planned and undelivered project and another long-planned and undelivered project, and I feel it is now time just to get on with the important delivery of the Holocaust memorial and learning centre. It is not going to be as long a project as the restoration project, and we should get on with it and deliver what is important.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, Amendments 24 and 41 proposed by the noble Baroness, Lady Deech, deal with the important matter of co-ordination between the programmes to construct a Holocaust memorial and learning centre and the programme of restoration and renewal of the Palace of Westminster. It is of course essential that care should be taken when planning these projects.

The House of Lords Select Committee gave a good deal of attention to this matter and addressed it in its report. It recommended that we should give detailed consideration to how the construction and operation of the Holocaust memorial and learning centre and the restoration and renewal programme will interact with each other, and accommodate the use of Victoria Tower Gardens by nearby residents and their children. We made clear in our response to the Select Committee that we agree on the importance of the interaction between the two programmes and that the interests of users of the gardens need to be considered. We will continue to work with the restoration and renewal programme to make sure that we understand those interactions and potential impacts.

It is worth noting—as the Select Committee made clear in its report—that the evidence presented to the committee was that the main restoration and renewal works would not begin before 2029 at the earliest. I also remind noble Lords that the Holocaust memorial and learning centre is to be constructed at the southern end of Victoria Tower Gardens—in other words, the opposite end of the gardens to the area which may be required during the restoration and renewal programme.

With all that in mind, we do not believe that there is good reason to expect any major practical conflict between the two programmes, and there is no reason that the construction and operation of the Holocaust memorial and learning centre should be contingent on certification by the authorities of both Houses of Parliament. It would be even less sensible to delay the entire project until the restoration and renewal programme is complete. The commencement of the construction of the Holocaust memorial and learning centre is a matter for the statutory planning framework that Parliament has put in place to determine planning matters.

It is very important that I say this. I want to engage with the noble Lord, Lord Vaux, in particular, and I want to make sure that, after the great, eloquent contribution from the noble Lord, we pay due respect and have regard to the points he makes. I am happy to arrange a meeting to discuss it in detail and to show how seriously we want to see interaction between the programmes. The two programme teams already meet regularly to share information and co-ordinate plans to reduce potential impacts. Rest assured, they will continue to do so.

I respectfully ask the noble Baroness, Lady Deech, to withdraw Amendment 24 and not to press Amendment 41.

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I say to the Minister, the Government and those managing this scheme, who I fear may be rather less objective than I would wish: let us not waste further time in this discussion. Just tell us, please, that this is about the Holocaust, which caused the extermination of the Jews, and that this memorial and any learning centre will be for that and that alone.
Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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My Lords, I thank all noble Lords on all sides for their many powerful and often moving speeches throughout the whole of this Committee.

Amendments 32 and 38A seek to require the Holocaust memorial and learning centre to focus solely on the Nazi genocide of Jews and antisemitism, and to be in conformity with Britain’s Promise to Remember: The Prime Minister’s Holocaust Commission Report. My understanding is that this is the Government’s intention, and I hope the Minister can confirm this.

This is the final group that we will debate in Committee. I conclude, as I began, with a clear statement of our support for the Government’s plans to deliver the Holocaust memorial and learning centre as soon as possible. As the Committee knows, I have worked on this as a Minister and will continue to work with the noble Lord opposite to support the delivery of this important project.

As I have said before, a Conservative Prime Minister made this solemn commitment to the survivors of the Holocaust, and we will stand by that commitment, made 11 years ago. This is not a promise to be broken. Eighty years on from so many liberations of concentration camps, we must get on and deliver the Holocaust memorial and learning centre right here in Westminster, at the heart of our democracy. We must do this so that the survivors who are still with us can see it open to the public. It is our duty to renew our commitment never to forget the horrors of the Holocaust. We support the Government in making good on that promise.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, the amendments in this final group take us to topics at the heart of the Government’s reasons for seeking to establish a new national memorial and learning centre.

Amendment 32 proposed by the noble Lord, Lord Blencathra, would restrict the learning centre to providing solely

“education about the Nazi genocide of the Jews and antisemitism”.

The proposed new clause is well intentioned but overly restrictive and may have unintended consequences. First, it is unnecessary. The Bill—the clue is in its name—clearly refers to a memorial commemorating the victims of the Holocaust and a centre for learning related to the memorial. This Bill is about a memorial to the Holocaust, not to all genocides or crimes against humanity. The learning centre will focus on the unique crime of the Holocaust and aim to set the historical facts in the context of antisemitism. No Holocaust memorial and learning centre could exist without a clear understanding of the roots of antisemitism.

The clause may also have unintended consequences. It may discourage the learning centre from exploring the context and complexity of the Holocaust, missing an opportunity to create an educational offer that would benefit visitors. From the start, we have been clear that, to understand the devastation of the Holocaust on European Jewry, it is crucial to also understand the vibrancy and breadth of Jewish life before the Holocaust.

The centre is also intended to address subsequent genocides within the context of the Holocaust, showing how the Holocaust led to the development of international law. It is doubtful whether either of these topics could be included in the learning centre under this proposed new clause. The content for the learning centre is being developed by a leading international curator, Yehudit Shendar—formerly of Yad Vashem—with the support of an academic advisory group. They will ensure that the content is robust and credible and reflects the current state of historical investigation into, and interpretation of, the Holocaust.

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Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, I said at the beginning that I thought this was about the most important amendment we had; I am glad that I have, I think, been proved right. We have had a highly provocative, important debate on what the learning centre should be about. It has been stressed time and again that it should be about the Holocaust and antisemitism—nothing else.

I am grateful to all those of my noble friends who participated; to two highly distinguished Cross-Benchers, the noble Baroness, Lady Deech, and the noble Lord, Lord Carlile of Berriew; and the non-affiliated Peer who signed my amendment, the noble Lord, Lord Verdirame. He is a highly distinguished King’s Counsel who has led on many important cases in this country. I will forgive him for taking a brief from the ghastly Leigh Day firm; that was a cab rank thing, I suppose. He is also a professor of international law at King’s College. He rightly made the point that there will be controversy on what other groups are to be included; that point was picked up by my noble friend Lord Goodman, who supported my amendment and also made the point about there being a lot of controversy around what the other genocides are.

I think I would be right to say that probably every noble Lord in this place knows that what happened in Armenia 110 years ago, with 1 million Armenians slaughtered, was genocide. Some other countries in the world have said that, but no British Government have ever called it genocide because we are terrified that, if we call it genocide, Turkey and President Erdoğan—a big NATO member—will get terribly upset. Therefore, we do not call it genocide for wider geopolitical and military reasons; we have the same problem in trying to select various other genocides to attach here.

My noble friend Lady Fleet made a powerful speech on the antisemitism that she and her husband and family currently face. She rightly pointed out that the evil chant of “from the river to the sea” means the extermination of the Jews; she also made the point that the memorial and the learning centre must be about the Holocaust and antisemitism only.

The noble Baroness, Lady Deech, kept asking what the learning centre is about and what it is supposed to teach. If it is supposed to teach 2,000 years of Jewish history, you need something better than a few posters and videos in this little bunker; you need the giant campus that the Holocaust Commission proposed. Other Jewish organisations could have rooms there and you could have conferences. You would actually teach the 2,000-year history of Jewish life and the Holocaust in full detail.

The noble Lord, Lord Inglewood, just made an intervention to say that his family fought the Germans. My uncles did as well, in the 51st Highland Division; they were captured at Saint-Valery and spent five years of the war in, I think, Stalag IV-D.

The noble Lord, Lord Carlile of Berriew, asked: who are the beneficiaries? He rightly pointed out it would be those wandering Jews from 1,300 BC and the exodus in Egypt to the present day; that is 3,300 years of Jews looking for a safe home somewhere in the world. He also made the point that this must be about the Shoah and nothing else.

The shadow Minister, my noble friend Lady Scott of Bybrook, said that the point was to get the learning centre built so that the survivors of the Holocaust could see in their lifetime that we were commemorating the Holocaust. If I may say so, that is not the important point. The point is not, as was wrongly said in this Committee by a colleague, that this is for the benefit of the Jews. The whole point of the memorial and the learning centre is that it is for the tens of millions of people who deny that the Holocaust ever existed. The survivors of the Holocaust do not need to be told how bad it was—

Baroness Scott of Bybrook Portrait Baroness Scott of Bybrook (Con)
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I am sorry but they have told me very strongly—and have done so over a number of years, as they have told the Minister now—that they would like to see it.

Lord Blencathra Portrait Lord Blencathra (Con)
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I accept that. Of course they would like to see it—I totally understand that; I am not dismissing their desire—but what is more important: placating and dealing with their desire, or addressing the millions of people who are calling for a new holocaust and denying that the last Holocaust ever existed? That concern must take priority over building something that is grossly inadequate to please the existing survivors. The Minister talked again about it communicating the value of Jewish life over 2,000 years. I simply make the point, again, that you cannot do that with this little bunker; you need a proper learning centre, which the original Holocaust Commission called for.

I cannot see how on earth you can put an exhibition in this bunker that has any relevance to what happened later in Darfur or to Pol Pot. There is nothing to learn about these genocides from what happened to the Jews.

The noble Lord pointed out that every Prime Minister has supported this. Those of us who have been in Parliament for many years have always formed the view that when both political parties agree on something, the public are being stuffed somewhere. When you have half a dozen Prime Ministers agreeing on something, you can again be sure to bet that the public are being misled. If one could, I would love to put down a Parliamentary Question asking how many times these former Prime Ministers have actually walked through Victoria gardens.