Lord Carlile of Berriew
Main Page: Lord Carlile of Berriew (Crossbench - Life peer)Department Debates - View all Lord Carlile of Berriew's debates with the Leader of the House
(1 day, 9 hours ago)
Lords ChamberMy Lords, in supporting my noble friend Lady Deech’s amendment, I of course recognise the very considerable and determined efforts of my noble friend Lord Verdirame, who sought to persuade the Government to accept the amendment made by your Lordships’ House when the Bill was before us previously.
I have some questions for the Minister, but before I ask them, I want to thank him for his very heartfelt and obviously extremely genuine and clear statement of what he sees as the purpose of the learning centre. I totally accept what he said as being his view. My questions relate to the use of the word “inappropriate”. I take it that the use of that word reveals that the words that my noble friend Lady Deech seeks to insert in the Bill—or, indeed, the words originally inserted by your Lordships’ House—are not in any way out of scope of the Bill. It is a matter of choice, of taste even; it is not a matter of law or legislative practice.
Secondly, I invite the Minister to answer the question: does what he has said in any way bind a future Government or even bind the trustees? I suspect that it might be possible to bind the trustees, but not a future Government, but only by expensive litigation, which would be extremely distasteful on this subject, if in the future they chose to change the approach of which the Minister has spoken.
Of course the Bill is about changing planning arrangements for Victoria Tower Gardens—that is necessarily part of it—but it is slightly absurd to suggest that the Bill is just about property, given the basic purpose of having a memorial learning centre in the gardens. The purpose of the Bill is to ensure that there is a memorial and a learning centre, which has the one aim that people will go there—in my view, it is too small and in the wrong place, but I cannot debate that now—to learn about the Holocaust, the Shoah, what happened to Jews in the Second World War, what built up to that Holocaust and to learn the lesson. That is the only purpose of spending many millions on this project.
What is wrong with stating in the Bill the purpose of the project? Those of us who have a personal, a family, background which makes us very close to this proposal, as I have, do not want to see that limited desire for the purpose to be stated in the Bill to be rejected by the use of a vague adjective like “inappropriate”.
I have huge misgivings about why this is being put in Victoria Tower Gardens, what is being put there and whether it will be secure. I absolutely reject the notion that one should be concerned about the current Middle East situation in deciding the words that should be put in the Bill. That, in my view, is unprincipled and should not be allowed to endure.
I earnestly say to the Minister, who is much admired in this House—and I share in that admiration—that he should listen very carefully to this debate before pitching into something that is unacceptable to a very large number of people who have close contact and concerns about this proposal.
Lord Blencathra (Con)
My Lords, I commend the very wise words of the noble Lord, Lord Carlile, and support the noble Baroness, Lady Deech, in this important amendment.
I should say first that I respect 150% the honesty and integrity of the Minister; I trust him 100%, but I do not entirely trust the Government to deliver on this. I thank not just the two Labour Peers who were on the Committee but all those Peers from all sides—the other Labour Members, Cross-Benchers, Lib Dems and Conservatives—who raised many concerns about all aspects of this memorial.
The one thing we were united on was that it had to commemorate the Holocaust—the Shoah—and antisemitism. What concerned us during the Committee was that on many occasions when we pushed the question, “Will this be purely about the Shoah?”, we did not get a categorical answer that it would be. We had many reports from other organisations suggesting that it could include Rwanda, Pol Pot, Darfur and others. Those were horrible genocides, I know that, and we have seen some horrible genocides around the world since the end of the Second World War, but they are not the Shoah, and the memorial should be purely about that.
The noble Lord was right: it would be perfectly in scope of the Bill to insert the words of the noble Baroness, Lady Deech. To reject that on the grounds that it would be inappropriate is rather flimsy. When I was chair of the Delegated Powers Committee and we saw the Government taking extraordinary powers to pass regulations, the Government always said, “Ah yes, but we don’t intend to use them”. The intention is irrelevant; it is what is in statute law that counts. Putting this into statute law would guarantee that it was enforced.
The Minister said, if I remember correctly, “Oh, people could challenge any requirement in a statute”. If people can challenge, with difficulty and judicial review, words in a primary Act of Parliament, then how much easier would it be to challenge a letter from the Government to the administrators or the trustees? That seems ripe for judicial review, whereas a statutory requirement would not be.
That is all I wanted to say. As I say, I entirely trust the Minister and his noble intentions, but I do not trust the Government to be able to deliver on this, either through negligence or a deliberate act on their part. The noble Baroness, Lady Deech, is absolutely right in seeking to put this in the Bill.