Parliamentary Buildings (Restoration and Renewal) Bill Debate

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Department: Leader of the House
Lord Wallace of Tankerness Portrait Lord Wallace of Tankerness (LD)
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My Lords, I am happy to speak in support of the amendment that has just been so ably moved by the noble Baroness, Lady Wheeler. It is important we remember that the principal functions of this place are its constitutional, legislative and scrutiny functions. That should not be forgotten. That said, in many of the debates we will have in Committee, we will remember many of the other things that happen in this place. I was going to say it is a village; it is probably larger than that in terms of the number of people who work here. However, at the end of the day, if it were not for the democratic and constitutional functions that take place, most of that other work would not materialise.

Although it is not one I signed, possibly through omission rather than as a deliberate act, the words “at the earliest opportunity” in Amendment 1 are important, because there is an urgency in this: both in starting now and, when the works start, in getting back in as soon as possible. Throughout the whole process, it is important that we try to maintain the pace. We will come later to an amendment I have tabled about timelines. We all know from large public works that there is often a tendency to delay, but I hope that once we get out it will not be very long until we get back in.

Lord Adonis Portrait Lord Adonis (Lab)
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My Lords, any amendment which improves the Bill is obviously a good thing, but I was not clear from what my noble friend said how this amendment does so. It is not clear to me how the words,

“as soon as is reasonably practicable”,

and,

“at the earliest opportunity that its work and democratic and constitutional functions can reasonably be delivered in the restored Palace”,

are in any way different. Could my noble friend answer that when she responds?

Baroness Evans of Bowes Park Portrait The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)
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My Lords, I am grateful to the noble Baroness, Lady Wheeler, for moving the amendments in the name of the noble Baroness, Lady Smith. I am also grateful to the noble and learned Lord, Lord Wallace of Tankerness. The Government entirely agree that it is important for the sponsor body and delivery authority to ensure that the R&R works enhance and protect the work of Parliament. This focus is reflected in the fact that the Bill requires that the majority of the members on the board of the sponsor body are parliamentarians.

As part of its strategic vision for the programme, the shadow sponsor body has been clear that restoration and renewal must deliver a building that supports Parliament’s core function as a working legislature both now and in the future, using high-quality design and technology. This includes facilitating any procedural changes that may be requested by either House.

When drafting the Bill, the Government have been careful not to prescribe either what Parliament does or its procedures, as these are clearly a matter for Parliament itself. We are concerned by the reference to the “democratic and constitutional functions” of Parliament in this amendment, as we are mindful of potential legal challenges in respect of the exercise of the powers contained in the Bill. For instance, we must be careful not to unintentionally invite the courts to consider matters that are the preserve of Parliament, such as the question of what the “democratic and constitutional functions” of Parliament are. Doing so could call into question the separation between the courts and Parliament.

Noble Lords will know that the Companion explains that the principle of control by Parliament of its affairs, free from interference by the courts, is often called “exclusive cognisance”. We are concerned that the inclusion of this wording in the Bill could be seen as Parliament waiving the exclusive cognisance of the House, and so we have reservations about the wording of the amendment.

The best way to ensure that the R&R works enhance and protect the democratic and constitutional role of Parliament is to ensure that Parliament has a final say on the plans for a restored and renewed Palace. The Bill sets out very clearly that the works cannot commence until Members of both Houses have approved the delivery authority’s proposal for the design, cost and timing of those works in the outline business case. This will enable parliamentarians to determine whether the designs for the restored Palace and decant enable Parliament to carry out its democratic and constitutional functions. Significant changes to the design, timing or cost will also have to go back to Parliament for agreement. For these reasons, we are confident that the sponsor body will ensure that the parliamentary buildings works enhance and protect the work, and democratic and constitutional functions, of the Houses of Parliament.

Obviously, this is a matter for noble Lords to consider, but as I have set out, we have some legal concerns. I hope that I have reassured the noble Baroness and the noble and learned Lord that the principle behind the amendment will be central to the work of the sponsor body and the delivery authority. I am sure that the parliamentary authorities would be happy to provide further advice on this if needed. I hope that, on that basis, the noble Baroness will withdraw her amendment.

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I do not intend to divide the House today. I have said many times before that I believe that our convention—it is not a rule—that we do not vote in Committee is wise, as it gives us a chance to reflect on what the Government say and it gives the Government the chance also to reflect. I believe that we will deal with this as first business when we return in September, so we have several weeks in which to reflect and consider.
Lord Adonis Portrait Lord Adonis
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Can the noble Lord tell us where he proposes that the memorial should be moved to?

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

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

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

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Lord Polak Portrait Lord Polak
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I will come on to the actual footprint of the site in a minute, if I may.

The noble Baroness, Lady Deech, raised the issue of security. I just pose the question: what does it say about our society that a Holocaust memorial is deemed a security risk? That is the sort of society we now live in, which is very concerning to me. I also take issue a little with noble Lords using this sort of amendment to the Bill to raise objections to the establishment of the memorial on that site. I know that I am northern and I like people to be straightforward. If this amendment were about just objecting to the site of a memorial, I would have preferred its wording to be clear and unequivocal in saying so. I do not know of any Jewish communal event or building that has been stopped or withdrawn because of security concerns. Thank God that in this country, measures are always put in place by successive Governments and successive leaders of the police, whether it be the Met Police here or the police in Manchester and other areas. They have always shown support and understanding by working closely with the CST—the Community Security Trust.

This reminds me of when I was the education director of the Board of Deputies back in the 1980s. I remember questioning the then president of the board, Lord Janner—he was not Lord Janner then but was subsequently made a Peer. I asked him what would happen if somebody were to daub the stone in the Dell in Hyde Park? What would happen if somebody came and put something on it, a swastika or whatever? I remember that his words to me were: “Stuart, you’ll roll up your sleeves and we’ll clean it up”. Those are important words, because it would be a great shame and sadness if a memorial such as this did not happen because we were worried that it could cause problems. I am not an expert, but surely Westminster is a heavily policed part of town, so why would a memorial at this site be an additional risk to the place we are in?

I do not want to pre-empt the words of the noble Baroness, Lady Deech, but I hope a memorial in the learning centre will stand next to Parliament as a reminder to all throughout the nation of our responsibility to remain vigilant against intolerance and bigotry. Setting history’s worst example of the disintegration of democratic values against the greatest emblem of Britain’s aspirations for democracy will stand as a permanent reminder of the responsibility of citizens and politicians, in a democracy, to be vigilant and responsive whenever and wherever those values are threatened. The trustees have ensured, and will ensure, that all precautions are met and the relevant people consulted.

The memorial will require just 7.5% of Victoria Tower Gardens—that leaves 92.5% untouched— and, as a result, the drainage, planting and gardens will be improved. Existing paths will be replaced, the playgrounds enhanced and there will be a new café. There will be many reasons to love the park. Members of the public should be able to go about their daily lives and that includes visiting all high-profile places in Westminster.

Lord Adonis Portrait Lord Adonis
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My Lords, I have played no part in previous deliberations on the location of the Holocaust memorial. I have listened to the discussions very much for the first time. I say at the outset that I understand some of the points that the noble Lord, Lord Cormack, has made. I also strongly identify with the points that the noble Lord, Lord Polak, has made. What is unacceptable about this amendment is that something as big as the location of the Holocaust memorial is not being decided by a planning authority, but by a back-door route as an amendment to this legislation. This is a national memorial at the heart of London.

By the way, it has taken a long time to set this up. It should have been set up a generation ago, but, as this is a national memorial, it is of such importance that Parliament should decide, and on an express vote. If this is still unresolved—and, from listening to the debate, perhaps the Leader will tell us that it is more resolved than appears—there should be a procedure for Parliament to decide on the location, on a positive vote of both Houses, taking account of all the issues, including those which have been raised on security and accessibility, and on the aesthetic elements by the noble Lord, Lord Carlile. What he said about the Berlin memorial was interesting. This is a hugely important decision that the nation should take, from looking at what other nations have done with their memorials and how ours matches up.

If I have understood the situation correctly, construction is not going to start imminently. It sounds unlikely, given the other work that is going to happen on the site. Perhaps the noble Lord will correct me but, if that is the case, Parliament should decide what happens with this memorial. We should not leave it to Westminster City Council, by using an amendment to the Bill in this indirect way.

Baroness Scott of Needham Market Portrait Baroness Scott of Needham Market (LD)
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My Lords, I am participating in this debate as one of the four Members of your Lordships’ House on the shadow sponsor body. I speak from that perspective, but I am not speaking for them. I hope that distinction is clear. I am certainly not commenting on the location, or desirability or otherwise, of the Holocaust memorial. I want to reflect on what this debate shows about the extent of the powers of the shadow sponsor body. As far as I can tell, there is no real master plan for the whole world heritage site. Decisions are made in a slightly piecemeal way, involving major players such as the city council and so on, but in so far as there is co-ordination between them, it has always been the authorities of both Houses of Parliament who do it. If under this amendment that locus was taken away from the parliamentary authorities and handed to the shadow sponsor board, I suggest your Lordships would need to reflect on that.

The role of the shadow sponsor body is, fundamentally, to do what Parliament instructs. Therefore, if Parliament wanted us to take on this role, we would obey. However, as a parliamentarian, I would be quite nervous about handing over an important contribution to the overall planning process to the shadow sponsor body, which has been set up for an entirely different purpose: delivering the restoration and renewal of the fabric of this building.

The noble Lord, Lord Cormack, is a thoughtful person who might take away that point and reflect on it, because it is entirely possible for the thrust of his arguments to be fulfilled, but perhaps not by the shadow sponsor body. In many ways, the amendment tabled and spoken to by the noble Baroness, Lady Stowell, is another example—it will not be the only one today—of an interesting relationship between the work of the sponsor body and that of the parliamentary authorities. For me, as both a member of that body and a parliamentarian, what is important is clarity. It is less about who exactly is doing what than being absolutely clear about who is doing it, so that, as decisions are made, we know how they have been made and by whom. The lines between some responsibilities are a little blurred, which makes it quite difficult for us.

We need to be careful not to use this Bill in a way that muddies those waters and makes it less clear where such responsibilities lie. At the end of the day, the shadow sponsor body and the sponsor body when it becomes substantive have their role to play, but the parliamentary authorities and Members of Parliament will also continue to have theirs.

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Baroness Altmann Portrait Baroness Altmann
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I understand the point being made, but I think it is important that alternative views are expressed, having heard so many noble Lords who have put their perspective very powerfully. Of course, the noble Baroness is right—

Lord Adonis Portrait Lord Adonis
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I strongly encourage the noble Baroness to continue with her remarks, because the objections of the noble Lord, Lord Cormack, to this location ranged far wider than the text of the amendment, which says that the sponsor body should have regard to whether the works,

“may impede the Parliamentary building works”.

The noble Lord’s objections about security and desirability, and the other objections raised, ranged far wider. I think it is completely inappropriate that this amendment should be the means of deciding where the Holocaust memorial goes.

Baroness Altmann Portrait Baroness Altmann
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I strongly endorse the remarks of the noble Lord, Lord Adonis, and respectfully request that I put some alternative views to the House. I take the noble Baroness’s point that this is about the renovation and restoration of this Parliament, but this amendment having been put down, I think it is important that the House hears a range of views. Otherwise, an amendment of this nature, which would undermine the important purpose that is intended for a site right next to our Parliament, may pass automatically.

As my noble friend Lord Polak said, the project would take up just 7.5% of Victoria Tower Gardens, and it is intended to offer substantial improvements to the gardens. It will link the existing memorials to historic battles against injustice, and the Buxton memorial to the abolition of slavery will be preserved. The project provides for new pathways and playgrounds and has carefully looked at protecting the trees in the gardens.

I am hugely grateful to the Government and my party for approving the construction of this memorial, and that it will be situated in such a powerfully symbolic location. I hope that the concerns of noble Lords, which have been carefully and respectfully expressed, can be overcome with further discussions about the plans already in place and the careful consideration of the design, which is intended to avoid disruption. Disruption is inevitable whenever restoration is carried out, as will be the case with the restoration of Parliament, or, if one is building a Holocaust memorial and museum on any other site. However, I understand also the concerns of local residents, and that there are strong reservations.

I urge noble Lords to consider whether this particular amendment to this particular Bill is addressing the correct issue at the correct time, and whether we should have a broader consideration of the merits of the Holocaust memorial as it is currently proposed.

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Lord Adonis Portrait Lord Adonis
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I take it from what the Leader and the noble Lord, Lord Pickles, have said that these decisions are beyond the point of no return. That being the case, is not this debate a complete waste of time?

Lord Cormack Portrait Lord Cormack
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My Lords, my noble friend does not appear to be answering the noble Lord, Lord Adonis, and has asked me to withdraw my amendment. I made it quite plain when I moved it that I rather honour the convention in your Lordships’ House that we do not divide in Committee and I have no intention of seeking to do so. However, I would like to say two or three things.

First, it is very important indeed that any application relating to the immediate environs of the Palace of Westminster, and that could conceivably impinge upon what we are going to do, should at least be looked at by the body we are formally establishing in this Bill. That is very important, and I may well seek to move an amendment when we come to Report. If I was so minded, I would want to consult the noble Baroness, Lady Scott of Needham Market, before doing so.

On the subject of the Holocaust memorial, it is important that the Committee has been able to debate this extremely important adjacent development. In responding, my noble friend the Leader of the House indicated that it is almost a fait accompli, but I gently remind her that the planning authority has yet to determine, and I certainly hope that it will take most carefully into account not only the powerful speeches of my noble friends who have so strongly supported this, but those of us who have perfectly reasonable, legitimate concerns about the effect it may have. I am particularly grateful to the noble Baroness, Lady Deech, for what she said, and to my noble friend Lord King and the noble Lord, Lord Carlile, for his moving and powerful speech. These are not arguments that should be lightly dismissed or cast aside, and it is entirely legitimate that those of us in this House and in the other place should have views. If they diverge sharply from those equally sincere views held by my noble friends Lord Pickles, Lord Polak and Lady Altmann, that is what democracy is all about. We cannot always agree on everything, as we have demonstrated quite successfully over the past three years. With that, I beg leave to withdraw the amendment.

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Baroness Byford Portrait Baroness Byford (Con)
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My Lords, I will just say a few words. I thank the noble Lord, Lord Blunkett, for his comments. The Joint Committee went into quite a bit of discussion about the fact that this should be a UK project, not a London and the south-east project. I am grateful to my noble friend the Leader of the House for responding to the way in which the debates went in the Commons and for coming up with the proposed amendments, because that is a great benefit to us. Corporate and social responsibility is extremely important in this day and age. It is so easy to just say, “Well, yes”, but not actually do it, so spelling this out in the Bill will make a huge difference.

The other thing that we talked about in the Joint Committee was the opportunities this would give for young apprentices and those who are retraining, who are necessarily young people, to learn skills and take part in a project of this size and complexity. I am very grateful that we will be able to encourage small and medium-sized enterprises to be involved in this project. I will not repeat everything that the noble Lord, Lord Blunkett, has said, but I am very happy to support this amendment and I thank the Leader of the House for bringing forward the amendments that she has spoken to already.

Lord Adonis Portrait Lord Adonis
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My Lords, I was slightly surprised to hear the noble Baroness’s remark that this is a UK project, not a London and south-east one. The overwhelming majority of the work and the employees will be located in London and the south-east. Saying that that is not the case does not make it not the case. It is the case. This is an issue we will address later. By virtue of the fact that Parliament is located in Westminster, the temporary premises will be in Westminster, and all the refurbishment works will take place in Westminster, it is a London and south-east project. We might as well admit that completely frankly. Some weasel words about it being open and promoting the interests and knowledge of the rest of the United Kingdom do not, I am afraid, amount to anything at all when the overwhelming focus of Parliament before, during and after this work will be on London and the south-east.

Baroness Byford Portrait Baroness Byford
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I appreciate the noble Lord’s comments. It would be a great mistake to say that people from elsewhere who have the skills and opportunities to come here are not able to use them. Is the noble Lord really saying that people who live in London and the Greater London area are the only people who will be involved in this project? If he is, that is a very sad state.

Lord Adonis Portrait Lord Adonis
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I certainly was not saying that; I was simply stating the obvious. The work will be overwhelmingly located in London and the south-east because that is where Parliament is currently located.

Baroness Byford Portrait Baroness Byford
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That is indeed where the work will be done, but it does not have to be done solely by people living in London and the south-east. I suspect there will be quite a few people coming from abroad to work on this project as well. If that is so, I do not see why we cannot have people who live further from London than the 25-mile radius around it.