Holocaust Memorial Bill

Lord Blencathra Excerpts

Committee stage
Thursday 20th March 2025 Grand Committee

[Lord Strathcarron (Con)]

My Lords, my Amendment 8 simply seeks to ensure that the area taken up by the Holocaust memorial and learning centre in Victoria Tower Gardens will not occupy an area any greater than is required, should it go ahead as currently proposed. One thousand four hundred and twenty-nine square metres has been accepted as the area required. I note that the Government have further provided assurances that this will be the case.

In January 2024, the Government gave the Select Committee in the House of Commons the following assurance:

“the Promoter will only site the permanent buildings and other … structures comprising a Holocaust memorial and learning centre and its ancillary facilities … on, under and over … land”

according to a plan submitted to that committee on 5 February 2024, citing once again the 1,429 square metre figure.

The proportion of the park to be taken up by the Holocaust memorial has long been disputed. The planning inspector’s report stated that “the area directly affected by the proposals would in my view be likely to be greater than the 7.5% calculation”. The proposed design of the Holocaust memorial and learning centre is so dominant and disproportionate that, as the inspector’s report also stated, “its role as the setting for the Holocaust memorial and learning centre inevitably becomes the more substantial element of its identity as a public space.” Thankfully, he did not go on to repeat the architect’s desire that it should also disrupt the peace of the park, although one could draw that conclusion from the planning inspector’s remarks.

Confusion concerning the precise square metreage in question has arisen because of a Written Answer given by the noble Baroness, Lady Scott of Bybrook, to this House in March and April 2023, in response to a Written Question from the noble Baroness, Lady Deech, about the total area needed. The noble Baroness’s answer said that the area was intended to cover

“both the size of Victoria Tower Gardens and the area taken by the Holocaust Memorial above ground within the park.”

However, inadvertently, the noble Baroness then stated in the subsequent text of her answer that the area of 1,429 square metres also included the enclosed Holocaust memorial courtyard with its ramp and entrance pavilion, its fence, and the associated hard-standing items A to D, as per my amendment; but also, five other areas specified in the amendment as E, F, G, H and I—all of these within the 1,429 square-metre area. At the same time, it provided a plan of the area which excludes the five areas, E, F, G, H and I. This plan was repeated in the letter addressed by the promoter’s lawyers to the Commons Select Committee on 5 February, and has been repeated since then.

Given these official inconsistencies concerning the actual area affected by the Holocaust memorial and learning centre, I propose that Clause 2 of the Bill should be amended to include a clear limit in terms of square metreage—1,429 square metres, as previously claimed—or to include an appropriate amendment to the plan submitted by the Government to the Commons Select Committee on 5 February 2024.

This is all fundamental, and we really must sort this out. I beg to move.

[Lord Blencathra (Con)]

My Lords, my Amendment 14 says that the proposed monument must not be extended or altered in any “replacement scheme”. On this occasion, I shall be relatively brief.

It was my experience as a constituency MP that developers would get planning permission for, say, 20 houses, and then a few months later bung in a revised application for 30 or 40 houses, or one to convert bungalows into two-storey houses. It is a well-known planning racket, and it works because local councils conclude that they would have to spend a fortune on planning appeals which they might not win, on the grounds that they had already given permission for some sort of development, so how could they resist additional development? This is what we must prevent happening here.

We know that the department is considering tweaks to the plans, and many of us have been hypercritical of the inadequacy of the so-called learning centre in the bunker. We have amendments down later on the need for new planning permission, but what is to stop the department saying that the planning rejection was called in already and that the inspector ruled in favour, so no new planning permission is needed—and then use its own powers to alter the plans on the ground that they are just minor tweaks?

The original planning application is six years old and a new application to Westminster City Council is essential, in the view of most of us on this side of the argument. We know that the department wants to avoid that public scrutiny and refused to submit the new application, saying that nothing has changed, but it cannot be trusted. After the Commons Select Committee reported, I met its chairman, who has since lost his seat in the election last year. He said that he and most of the committee were appalled at the lies and disinformation about the project. Nothing that the department or its lawyers produced could be trusted, but their hands were tied by the resolution passed by the Government in the Commons: that they were forbidden to look at any of the flaws, inadequacies, misinformation or downright lies that they had been told.

The Government gave assurances following the Lords Select Committee report, and these two assurances are relevant here. Assurance 7 is about the exact location of the Holocaust memorial and learning centre within Victoria Tower Gardens. It basically relies on the as yet unspecified planning process to deliver an acceptable proposal. Assurance 8 focuses on a redesign of the area around the Buxton memorial. They promised to give detailed consideration and claim that they had already gone back to their design team. What does that prove? They are going to have to go back to get detailed designs anyway, and there is no indication that they will increase the gap between the two memorials.

There is no one, other than at planning, to opine on whether the calibre of the new design delivers insignificant adjustments which count, since the only way to do that is to redesign the whole memorial and learning centre, or to move the Buxton memorial so that they are further apart. I also support the amendments in the names of my noble friends Lord Strathcarron and Lord Robathan.

We can all guess what will happen: the department will use the figure of 1,429 square metres for the building but will then have some fairly wide paths for people to queue, or for admission and searches. Then a police or security box will be added—and how could one possibly complain about that? Then there will be hard-standing areas at the back for vehicles to load and unload, and probably maintenance trucks. If there will be vehicles, will there be vehicle access from Millbank? We will be told that it will be essential to let in fire engines—and if there is a fire, how could we possibly oppose letting those in? They will inevitably build some facility above ground for what they will call essential maintenance support, or electrical power sheds. Has anyone ever heard of or seen an underground visitor centre without some fairly large above-ground support facility? Of course not.

I simply want an assurance from the Government that if this Bill passes, there will not be the slightest change in the design or location, and that they will not seek to make it larger by claiming that the 1,429 square metres relates only to the space below ground. All the items in my noble friend’s Amendment 8 are essential accoutrements, for which planning permission is not required or they say are taken as read.

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[Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)]

I just remind the Committee of the normal time limits for speaking.

[Lord Blencathra (Con)]

They are advisory only.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I just say a few words in support of my noble friend Lord Strathcarron’s Amendments 8 and 17. Projects such as this are always liable to mission creep. This has already had quite a lot of mission creep attached to it, and I can see many reasons why there might be further mission creep in future. My noble friend has undertaken a valuable role in drawing attention to the areas where this might happen and, therefore, bringing in the agreements and undertakings so far given by the Government and the promoters of the Bill. That relates to Amendment 8, and my noble friend Lord Blencathra has also underlined many of the words and excuses that will be used for wishing to go wider than originally anticipated.

Amendment 17 would help guarantee that this does not become a way for creep in the future. We can stop mission creep as far as this project is concerned, but there may be subsequent creep thereafter. The amendment is therefore very valuable, because this is controversial and all sides are entitled to know exactly what is proposed. I honestly cannot see how the Government and promoters—if they are being honest—can refuse to accept an invitation that lays everything out clearly and precisely so that we know where we are from the beginning.

These two amendments therefore have my support.

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[Lord Austin of Dudley (Non-Afl)]

People have argued against this proposal from day one. They have argued against not just the location but the idea of having a memorial and it being in Victoria Tower Gardens. I accept and understand that the tactics now are to say, “Well, look, we are not against the memorial being in Victoria Tower Gardens, but we do not like the design or the size”, or some other spurious reason, and to drag this whole process out for as long as possible and make it as controversial as possible in the hope that, in the end, the Government will change their plans or drop the whole thing in its entirety.

I say this to noble Lords: people can table all the amendments they like, and we can have all the lengthy debates they want. I think there is cross-party support for this project. There is majority support in both Houses and, as I have said, widespread support in the Jewish community, too. It is about time we stopped tabling amendments and having lengthy, repetitive debates on the same points week after week. I can see that the noble Lord is about to get up and make all the same points once again, but we will respond to them, and we can drag this out for as long as he wants.

[Lord Blencathra (Con)]

I cannot speak for my noble friends, but I deeply resent the suggestion that our suggestions for a proper memorial are somehow a tactic to delay and destroy the Bill. All of us on this side of the argument are deeply committed to a proper memorial, the memorial the Holocaust Commission recommended: one which is appropriately British and which recognises the killing of 6 million Jews, not the thing that was accepted by the last Government. I exempt the Minister from most of the blame for this; he is carrying on the vanity proposals of the Cameron Government.

I want to get to the bottom of a comment made by the noble Lord, Lord Austin, and my noble friend Lord Pickles: that it is purely for the Shoah, and no other genocides will be there. But paragraph 3 of the Explanatory Notes refers to

“the persecution … of other groups … subsequently”.

On Second Reading, the Minister said:

“The learning centre will also address subsequent genocides in Cambodia, Rwanda, Bosnia and Darfur”.—[Official Report, 4/9/24; col. GC 1224.]


Is the noble Lord saying that the Minister was lying when he told the House on Second Reading that it would commemorate other genocides? Was he telling the truth, was he misguided, or was it a lie? [Interruption.]

[Lord Austin of Dudley (Non-Afl)]

Let me respond to that point; it is a valid question, and I want to answer it. Every single Member of this House and the other place had the opportunity to sit down with the historian responsible for the content. As far as I am aware, the only three people who have bothered to take part in any of these debates are myself, the noble Baroness, Lady Deech, and the noble Lord, Lord Pickles. I think it fair to say that all three of us were impressed by what we were told by the historian, who assured us—we have also had this assurance from the Minister and the relevant officials—that this will be a memorial to the Holocaust, not to genocides in general. It may be the case that, as people leave, there is a board saying, “Since then, there have been atrocities in Cambodia and Darfur, so clearly, we have not yet learned the lessons”. But this is specifically and solely about the Holocaust.

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[Lord Tugendhat (Con)]

My Lords, we are having a civilised discussion about this matter, but it is quite clear how controversial it is. It is also quite clear that, once the building begins, and as it proceeds, the traffic is disrupted and the Victoria Tower Gardens become a building site, there will be a less civilised discussion outside this House.

My fear is—I expressed this at Second Reading and the noble Baroness, Lady Deech, has expressed the same fear—that this project will become a focus for antisemitism. People will blame it on the Jews, it will become a focus and the underlying message of the Holocaust memorial will be lost. It will be lost in controversy about the present day, not the past. It will become, I fear, a focus for demonstrations in the way that the American embassy was back in the 1960s over the Vietnam War.

All kinds of authorities are being quoted and all kinds of theories have been put forward, but as Members of this House we owe it to the House and to the public to express our views and fears. My warning is that proceeding along the lines that we are doing is going to do very great harm. It is going to promote antisemitism and it is going to be the reverse of everything that a Holocaust memorial should be.

[Lord Blencathra (Con)]

My Lords, I wish to, in the nicest possible way, challenge the noble Lord, Lord Austin, again. I am not sure whether he was here when we had our discussion on how the project would be managed. He quotes the advice of historians. The historians are advisory only. They are utterly irrelevant in deciding the end output of the learning centre. We discussed it last week and I produced the chart from the National Audit Office showing the hierarchy and structure. We have a foundation advisory board and an academic advisory board, but they sit under the ultimate direction of the Secretary of State and the Minister, who make the decision, so the historians can have any view they like. I prefer to believe the view of the Minister. It was a Minister who said at Second Reading that subsequent generations of genocides will be commemorated as well. I think that is terribly important, and we take the Minister at his word. If the Minister cares to say afterwards that he was wrong or that that is not the case and no other genocides will be considered in this memorial centre, then, again, I will take the word of the Minister for that, but the Committee needs to know. Is it still the Government’s view, which they expressed at Second Reading, that these subsequent genocides will be commemorated?

I neglected to comment on Clause 2 stand part. I shall do so briefly. I agree with the noble Baroness, Lady Deech, that Clause 2 should not stand part of the Bill only for the underground learning centre. We are all happy to have a proper memorial that is relevant to the 6 million murdered Jews, but the underground learning centre fails to fulfil any of the Holocaust Commission’s requirements that it should be a large campus with a conference centre and facilities for debates and meetings, a place where Jewish organisations could have rooms and offices to continue Jewish education. The Holocaust Commission recommended three sites: Potter’s Field, a site further down Millbank that the Reuben brothers were willing to donate and, of course, the Imperial War Museum, which was gagging to build a huge new learning centre attached to its museum. We have not heard a single reason why those sites were rejected. I think my noble friend Lord Finkelstein or my noble friend Lord Pickles or the Minister said earlier in our debates that 50 other sites were considered. Okay, 50 other sites were considered, but we have not had a single reason why the three sites recommended by the Holocaust Commission were rejected. So I think that Clause 2 should not stand part of the Bill, particularly the part about the underground learning centre. We need to have a proper one that will do all the things that the Holocaust Commission recommended. Note that no one in the Government or the previous Government or my noble friends talk about the Holocaust Commission now, because we know that this project has completely ditched everything that it called for. Just as they never mention the name of the discredited architect Adjaye, they never mention the Holocaust Commission, which is now regarded as out of date and whose proposals are no longer relevant. I support the noble Baroness, Lady Deech, that Clause 2 should not stand part of the Bill.

[Viscount Eccles (Con)]

My Lords, I support what my noble friend has just said. I very much admire the commission’s report and I think that the way that it is being treated now shows a degree of disrespect that is little short of appalling. The debate that we have just heard from my noble friend Lord Pickles and the noble Lord, Lord Austin, is completely irrelevant to the actuality of what is being proposed and the difference between it and what the commission recommended.

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[Baroness Scott of Bybrook (Con)]

My Lords, I thank my noble friend Lord Strathcarron for introducing this group, which is primarily focused on design. I would like to make it clear to my noble friend that, in relation to the accusation that he made about my inconsistencies in figures relating to the amount of the park that would be required for the memorial, I will look into it and respond to him personally.

Clearly, the planning process will, as we have heard numerous times from my noble friend Lord Pickles, take into account concerns about the design of the memorial and learning centre. I hope that the Minister—I will ask him once again—can give the Committee more detail on how these concerns can be raised in an appropriate way, at an appropriate time. It is crucial that the Government bring people with them when pressing ahead with these plans, as we know how strongly people feel. We feel it would be helpful if the Minister could take this opportunity to set out the next stages of progress after the passage of this Bill, particularly the processes for the planning stage. If he is unable to do so this afternoon, it would be helpful for the Committee to have these details in writing well before Report.

I will speak to Amendments 8 and 14. The principle behind Amendment 8 is very sensible: it seeks to protect the interests of existing users of Victoria Tower Gardens while construction is under way. Perhaps this need not be set down in legislation, but I am pleased that my noble friend has brought this amendment forward. This should certainly be addressed during the planning process.

Amendment 14, in the name of my noble friend Lord Blencathra, seeks to extend any limit to the size of the memorial and learning centre to any replacement memorial and centre in the future. We are not sure that this Bill is the right place to put a limit on the size of the centre, but we accept that my noble friend has legitimate and deeply felt concerns about the impact that the memorial and centre will have on Victoria Tower Gardens.

[Lord Blencathra (Con)]

If this Bill is not the appropriate vehicle to put a limit on the size, what would be?

[Baroness Scott of Bybrook (Con)]

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.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Lord Khan of Burnley) (Lab)]

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 (Con)]

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 (Lab)]

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 Austin of Dudley (Non-Afl)]

The noble Lord has just made a point about the basis on which people support or object to this proposal. First, it is not true. I used to live a few hundred yards away from the proposed location—my kids played in the playground—and I supported it all the way through. It is an extraordinary admission to say that the reason we are against it is that we live nearby. If members of this Committee were on a local council planning committee, or even a parish council, they would not be allowed to take part in a discussion about a proposal with an interest like that—on the basis that this is where they live.

I gently make the point that we are here in the House of Lords to make decisions solely on the basis of the public interest; we are not supposed to take decisions on the basis of our personal or private interests, or where we might or might not live. That is not why we are here. In fact, I think I am correct in saying that when we are appointed to the House and the Letters Patent are read out before we take the oath, we are required to set aside all private interests. This is something I have long suspected. It has never been admitted before, but I think it is an extraordinary admission.

[Lord Blencathra (Con)]

Before my noble friend replies, I point out to the noble Lord that the Lords Select Committee deliberately excluded anyone who did not have a personal local interest or live close enough to be affected by this. That is quite a different matter from noble Lords’ consideration in this Committee. The Select Committee was restricted to hearing only noble Lords who could show a personal interest that might be affected—their property, their use of the park or whatever. The noble Lord should probably get up to speed on the powers of a special Select Committee.

[Lord Strathcarron (Con)]

To respond to—

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Will the Minister agree to lay before Parliament a report on the measures the Government will take to safeguard children, as called for by Amendment 19?

[Lord Blencathra (Con)]

My Lords, I did not sign these amendments because I was leaving it to others with kiddies and grandchildren to speak with much more authority, but I am prompted to speak by the Minister saying last week that the main path used by mums, nannies and children will be closed. Also, I have a question for my noble friend Lady Fookes, which we may want to reflect on, on the effect on the water table if a big hole is dug. I am not sure whether a hydrological engineer has commented on this, but my experience with Natural England was that if you want to destroy peatland, you just dig a trench and all the water drains from the rest of the soil and the peat into the trench. There is probably a level water plain in this park. If one digs a ruddy great big hole, does it not act as a sump, so that water from the surrounding area moves into it?

Of course, the bunker will have to be completely waterproof so that there is no water ingress, but it will still act as a sump and there may have to be pumps to pump out the water surrounding the bunker in order to maintain its water integrity. It is a question that I am not sure my noble friend will have the answer to, but there could be a more serious effect on the trees she is concerned about, in that they will suffer a huge moisture lack, more than London often does in summer, if the bunker acts as a sump.

As for the children’s playground, I believe that there are only two ways into it. The level access one is the southern gate, which we all use and which gives access to the Buxton memorial, the playground and the kiosk. The other access, I think, is down the steep set of steps off Lambeth Bridge, which is no good whatever for mums with baby buggies and so on. The playground now assumes a much greater importance because the Government confirmed last week that the main path used by everyone, adjacent to Millbank, will be closed or partially closed. That is where, every morning when I go through the park, I see the nannies with the little kiddies.

Yesterday was a reasonably warm day in London. The park was not full, and I took some wonderful photographs—of the bins overflowing and garbage everywhere. That was just on a nice day in London. Obviously, I would not take photographs of little kiddies with their nannies and so on—one does not want to be arrested on the spot—but I can assure the Committee that I see lot of them going through there every day. They are tiny little things: I do not know what ages they are, but none of them are higher than 18 inches. Sometimes they are on a pole or in a croc, and they are all walking along with their nannies, using that main path. If they have no access to the park, the playground becomes even more important. How will they access it?

From the plans, I assume that the main entrance for the builders and contractors will be the southern gate, and that will block access to the children’s playground and to the main footpath that lots of little kiddies, nannies and mums, as well as other users of the park, use every day. I say to the Government that if they are determined to go ahead with this, they should leave the southern gate alone for mums and dads and everyone else to use, and create some other construction access between the southern gate and Lambeth Bridge where they can get their trucks in. If they are going to remove the kiosk and the children’s playground, and move it elsewhere, that would allow the construction of a new gate. I leave that point for the Minister and his planning process to consider.

[Lord Pickles (Con)]

My Lords, I congratulate my noble friend on a very ingenious argument. I am always distressed to be on the opposite side from him on these matters, because he is such a persuasive speaker. I thought that the noble Lord, Lord Russell, made an enormous amount of sense and said nothing that I disagree with. It occurs to me that if I had followed his advice and attended more playgrounds and eaten fewer buns, I would be in a better state today than I am.

The noble Lord said that the planning system is not fit for purpose. That is generally said by people who think that we are not passing enough: it is not fit for purpose because we need to build more houses. One thing that I think is fit for purpose is that, as is pretty well established, we are able to look at the regulations, apply those to playgrounds and do some negotiating to get the right alternative through the planning system. That also applies to trees. If there is anything well established, tree preservation orders are at the very centre of the planning system. We know that, should there be a grant of planning permission, each tree will be considered and negotiated between the council and the department, and an enormous amount of work will go into this. If we are to pass this, are we saying that Parliament should decide on the conditions of every playground next to a new development, or every tree preservation order?

With a cursory look at the planning inquiry and the independent inspector’s finding, noble Lords will see that an enormous amount of thought has gone into the preservation of the trees. The current situation is not helpful. As I said a couple of Committee days ago, those paths are, in essence, strangling the roots of the trees because they are not permeable to water. We will put in new paths that ensure that water goes to the roots of the trees.

I recognise and sympathise with the noble Baroness’s dilemma and great passion with regard to abduction, but one of the reasons why that is not likely to happen—in, as she described, a situation where there will be lots of queuing—is that there will not be any queuing. It will be ticket only. People will have to obtain the tickets in advance; they will not be able to obtain a ticket at the memorial site. Only people with tickets will be able to come in, and only within a particular time frame. That was designed specifically—

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[Baroness Scott of Bybrook (Con)]

I thank the noble Lord, Lord Russell of Liverpool, for introducing this group. The object of his Amendment 9 is an important one, as we have discussed in an earlier group, and I understand why my noble friend Lady Fookes has tabled her Amendment 10 to strengthen protections for existing trees in Victoria Tower Gardens. While this issue should be addressed through the planning process, I agree with my noble friend and the noble Lord that this is an opportunity for the Government to update the Committee on the steps they intend to take to protect the existing monuments and trees in the gardens.

Amendments 18, 19 and 20 in the name of the noble Lord, Lord Russell of Liverpool, seek to deliver protections for the playground at the south end of the gardens. Given the relatively limited access to green spaces in this part of Westminster, the playground is an important facility in the area and I believe it should be possible for the works to go ahead without preventing access to the playground. We know that the design of the project seeks to preserve 100% of the play area when the works are complete, but the noble Lord makes an important point about continued access to the play area during the progress of the works. Can the Minister confirm whether the Government have plans to protect the playground during as well as after the construction of the memorial and learning centre? This is an important issue for local residents and regular users of the gardens, so I hope it can be addressed fully in the planning process, if the Minister is unable to satisfy the Committee today.

[Lord Blencathra (Con)]

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 (Lab)]

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 Howard of Rising (Con)]

My Lords, I shall speak to Amendment 35 in my name. I declare interests: I have a house nearby, I have interests in a playground manufacturing company, and I am vice-president and a former chairman of Fields in Trust, formerly known as the National Playing Fields Association, which devotes itself to the preservation of playing fields and parks.

I do not think this project should go ahead without a risk assessment. This has been highlighted by our debate so far which has raised some of the risks that the noble Lord, Lord Carlile of Berriew, just mentioned. So as not to waste your Lordships’ time, I will mention very briefly some of the points. Can anyone not think that there is a risk in introducing 1 million visitors a year into a relatively small space? A risk assessment is essential, even more so when one considers that it is proposed that the memorial be in an area in central London that, because of its proximity to Parliament, is more sensitive than most, as a number of noble Lords have already mentioned. There will be a risk from the sheer numbers.

What risks will there be from demonstrations connected with the memorial? These have already been raised by the noble Baroness, Lady Deech, my friend, the noble Lord, Lord Tugendhat, the noble Lord, Lord Carlile, and others. There are bound to be demonstrations if the memorial is built, as it will be a prime target. Already demonstrations cause havoc in the area, with many streets being closed. How will the potentially more dangerous and aggressive demonstrations be dealt with? What about the risk to local inhabitants? What assessment of risk has there been of the memorial being a target for fanatics as well as for peaceful demonstrations? What about the risk of bombs, or the risk that the noble Baroness, Lady Finlay, highlighted at a previous meeting? What risk is there to those using Victoria Tower Gardens for the purpose it was set up for as a recreational park for peace and tranquil enjoyment? What about the risk during the restoration of the Palace of Westminster? Think of all the plant, machinery and building materials that will almost certainly need to be parked in Victoria Tower Gardens pending use. This is bad enough without the memorial, but with the memorial taking up the proposed space and with all the necessary security surrounding it, there will be a risk to the poor public squeezed between these two.

What about being squeezed between the Buxton memorial and the Holocaust memorial? What traffic risks will there be with the greater congestion caused by busloads arriving at the memorial, to say nothing of the increased vehicle traffic? What about the risk to covenants on other parks and green spaces? Will disapplying the 1900 Act covenant create a precedent? Will it be an example of what can be done? The National Playing Fields Association has covenants over 3,000 green spaces. Breaking the 1900 covenant may well create a precedent and encourage some of those other covenants to be challenged. What about the risk of flooding as mentioned by the noble Baroness, Lady Walmsley? The idea of children being trapped there is unthinkable. What about the risk of no proper management structure or the convoluted management arrangement with 10 separate bodies but no one in overall charge, as my noble friend Lord Blencathra and others have highlighted?

There is also the risk of non-completion. Let me repeat the quote from the Infrastructure and Projects Authority that my noble friend Lord Blencathra mentioned earlier in this debate:

“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 to be rescoped and/or its overall viability to be reassessed. There are many other areas of risk that I have not mentioned. The whole project is fraught with risk. A proper risk assessment will doubtless raise other problems. I imagine that, after our debate so far, the Minister is probably falling over himself to have a risk assessment that will pull together all the various strands of all the risks that have been debated and others that have not been mentioned.

[Lord Blencathra (Con)]

My Lords, I will speak to Amendments 28 and 36. The noble Lord, Lord Carlile, is not just a House of Lords expert on security and terrorist threats; he is a national expert with many years’ experience. I submit that any person or Government who ignore his wise words are putting at risk fellow parliamentarians and all visitors who will be in the park either to go to the learning centre, to visit the gardens generally or to go through Black Rod’s security entrance to access House of Lords facilities.

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Moved by

[Lord Blencathra]

16: After Clause 2, insert the following new Clause—
“Design of the Holocaust Memorial(1) After the day on which this Act is passed, the Secretary of State must launch a competition to design a figurative Holocaust Memorial appropriate to a location within Victoria Tower Gardens and reflective of the Nazi genocide of the Jews.(2) The final decision on design must include a public consultation, and consultation with Holocaust survivors and relatives of victims of the Holocaust.”

[Lord Blencathra (Con)]

My Lords, Amendment 16 calls for the design of a new and appropriate memorial. As an aside, before I begin, in my 42 years in Parliament I must have heard hundreds, if not thousands of times the expression “The Government have no intention”. Then, as Harold Macmillan said, there are “Events, dear boy, events” and suddenly the Government have an intention. I move on to my amendment.

Let it be repeated again: everyone in this Grand Committee wants a proper and appropriate memorial in Victoria Tower Gardens to the 6 million Jews who were exterminated in the Holocaust. Let no one suggest that those of us who have vigorously opposed the Adjaye monstrosity and his pokey little bunker are opposed to a memorial which fulfils the demands of the Holocaust Commission, which the Government stopped talking about ever since they accepted this flawed design from a discredited architect. There is no surprise there, since the design fails all the tests set by the Holocaust Commission. The commission wanted a large campus; we get a bunker under the ground. The commission recommended the Imperial War Museum, Potters Field or near Millbank Tower, all locations with lots of space which were offered; we get a small garden which does not want it. The commission wanted something uniquely British; we get a second-hand cast-off rejected by Canada. The commission wanted something to commemorate 6 million murdered Jews; we get 23 things which are meaningless to everyone, and for other genocides as well.

I have heard it said by esteemed colleagues in this Room, for whom I have the highest regard, that the Adjaye monstrosity is a modest little measure and appropriate. One of the important needs in politics in these dreadful times is imagination and wishful thinking, such as thinking that Putin wants peace; that Kim Il Sung is not barking mad; that Vice-President Vance might be a decent guy; and that this project is modest and appropriate.

It has been said that the design must be brilliant because it was selected by internationally renowned architects. Of course they would support it. There is nothing so brutalist, Stalinist or big, shiny and ugly that they will not support. We could have had that big glass

“carbuncle on the face of a much-loved friend”

on the National Gallery if His Royal Highness, the then Prince of Wales, had not criticised it then, but his comment that the National Theatre was like “a nuclear power station” was plainly wrong. I can tell noble Lords, as a Cumbrian, that Sellafield looks 10 times nicer than the National Theatre.

Look how the architectural luvvies despise the beautiful village of Poundbury, which the Duchy of Cornwall describes as

“Architecture of place. Creating beauty and reflecting local character and identity”.


This is the characteristic that seems to drive many architects and critics into apoplexy. It prompts them to hurl the architectural equivalent of curse words, such as mock, twee, faux and, perhaps worst of all, Disneyland. However, a growing body of research also shows a disconnect between what most architects design and what most users actually prefer. For the harshest architects and critics, the problem is much more basic. The village of Poundbury simply commits an unforgiveable offence against the most sacred rule of today’s architectural orthodoxy, which is, “We must not copy the past”. That is what has happened here, although one could say that the Adjaye design is copying the past, as it was rejected in Toronto.

I will shortly turn to other monuments around the world which have six points representing the Star of David or six features which could stand for 6 million murdered Jews. So, like all trendy, overrated architects Adjaye selected something of no relevance whatever to 6 million murdered Jews, but he made it big and shiny—at least it will be, until the bronze tarnishes—and the architectural world oohs and aahs and says “Oh, fantastic, darling”.

I challenge anyone here to tell me that they had heard the numbers 23 or 22 in relation to the Holocaust before Adjaye came up with that completely obscure figure. Not a single person who is Jewish or who has Jewish heritage has ever heard the figures 22 and 23 before in relation to the Holocaust. The internet is awash with Holocaust denial. There is not a single vile denier saying that the 22 countries the Jews were taken from to be exterminated is wrong. Not even the vile deniers had heard it earlier either. What they deny all the time is the 6 million massacred: that is the number we need to have front and centre of any memorial, and this monstrosity is not it. That is why we need a new design for Victoria Tower Gardens, and we can get one quickly.

I do not know how visually to represent 6 million murdered Jews. We all saw the brilliant display of 888,246 ceramic poppies at the Tower of London commemorating our First World War dead. It was magnificent but it took a lot of space, and something like that for 6 million dead Jews would require seven times the space, so that would not work. The most moving memorial I have ever seen is in Budapest, and that is not relevant for here either. It is a row of bronze shoes from Jewish men, women and children on the banks of the Danube where Jews had to stand to be shot in the back of the head to topple into the river, which ran red with their blood.

However, other countries have done brilliantly. After Canada rejected the Adjaye abomination—for noble Lords who have not seen it, it is a series of 23 large concrete fins, the same size as he has pawned off on us here, but that time they were grey, concrete and wavy. There is no explanation given for why Ottawa had to get concrete wiggly ones and we get straight bronze ones. However, after Canada rejected it, it then built a proper memorial with sort of Star of David shapes in it. It is too large for our gardens, but it is authentic, relevant and appropriate. The Czech Republic has a suitable sized monument of two triangles intersecting, resulting in a six-pointed star shape. Both these monuments, I suppose, satisfy the architectural requirement that they are not just old-fashioned copies of the Star of David, but a modernised version of it.

Estonia has a large granite or marble slab with a seven-branched menorah on the bottom half and a stylised Star of David on the top. Athens also has something interesting. It has an irregular, six-sided, white, marble stone in the centre, surrounded by six irregular triangle stones. The one that would fit in perfectly here is the six-point Star of David monument in Gorlice, Poland. It has 12 faces with plaques with writing on them and is about the same height as the Buxton memorial, although a bit wider all round. Tirana in Albania has three beautiful, large, dark marble slabs arranged in a semicircle in a prominent place in the centre, right beside Mother Teresa Square. The three slabs say in Hebrew, Albanian and English:

“Albanians, Christians and Muslims endangered their own lives to protect and save the Jews”.


Albania was the only country in Europe with more Jews at the end of the war than at the start, since it did not kill a single one. It gave refuge to all Jews who reached there. It is a superb memorial. How can the poorest country in Europe, with a GDP of $26 billion, get it so right when we, the sixth-largest economy in the world, with a GDP of $3 trillion, cannot get anything remotely Jewish?

What all these memorials have in common is something Jewish or relevant to Jews, such as the Star of David or the menorah. Therefore, we do not need architects and their weird ideas, we need designers, and that is where this project went wrong at the beginning. An architect cannot design an appropriate monument any more than a designer can make architectural drawings for the technical workings of a bunker. They are different skills, and we all know that a new design competition could come up with monument designs within weeks for something that could be built in six months, a design that reminds us of 6 million murdered Jews. The memorial is not for the benefit of Jews, which was once wrongly stated in this Committee, but for all the rest of us who need reminding of that figure of 6 million. Jews do not need reminding of that. That is why the Adjaye abomination is so wrong. When challenged about the brutal ugliness of it, he said on the BBC on 12 February 2019 that

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

behind the memorial. No, no, no, Adjaye. Key to the thinking of the memorial is getting across the message that 6 million Jews were slaughtered.

My real criticism of the Adjaye design is not my subjective opinion, which I give the Committee all the time—that it is an abomination, grotesque and ugly—but that his design is irrelevant. All the others I have indicated have something Jewish about them: the Star of David, the menorah, or writing on plaques stating that 6 million Jews were massacred on the face of the memorial, not buried in video screens in a bunker. That is why we need a new design for this garden—a proper, moving memorial to 6 million slaughtered Jews that bears some symbolism of Jewry and the Holocaust. Anything else fails to deliver what the Holocaust Commission asked for. I beg to move.

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[Lord Khan of Burnley (Lab)]

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 (Con)]

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 (Lab)]

My Lords, before the noble Lord sits down, I clarify that these are allegations.

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[Lord Blencathra (Con)]

Yes, he denies any criminal involvement at all and denies those allegations of sexual assault. I merely quoted his words:

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


He has withdrawn himself from Adjaye Associates. I have not given any credence to the women who have made the sexual allegations, and I am happy to repeat that he denies them. He has nevertheless withdrawn from his involvement with this project, and it is too late to say that it is nothing to do with David Adjaye.

Amendment 16 withdrawn.