Holocaust Memorial Bill

Lord Inglewood Excerpts

Report stage
Wednesday 11th June 2025 Lords Chamber

[The Earl of Dundee (Con)]

My Lords, I support both amendments in this group. If the Holocaust Memorial Learning Centre were to be placed in Victoria Tower Gardens, as the noble Lord, Lord Carlile, correctly warns, there is the risk of terrorism attacks, whether by state-sponsored or self-initiated terrorists. As he has indicated, that is because of its proximity to the Palace of Westminster. Thus, in association with whatever political controversies in general, not least particularly those currently surrounding the situation in Israel and Gaza, these amendments therefore give Parliament the opportunity to make the final decision on whether to put HMLC in Victoria Tower Gardens or elsewhere, based on proper evidence on where it makes best sense to put it without compromising national security.

[Lord Inglewood (CB)]

My Lords, I rise to support the remarks of my noble friend Lord Carlile, whose knowledge and expertise in the field of security and associated matters is way beyond mine. My conclusions are aligned with his.

What was interesting to me was the judgment by Mrs Justice Thornton in the High Court case dealing with the application for the Victoria Tower Gardens proposal. It was quashed, which means of course that legally it never existed, and there is therefore no planning consent for anything of the sort in Victoria Tower Gardens. She said at paragraph 76(5) of the judgment:

“As was common ground by the end of the hearing, the advent of the modern planning system has no bearing on the obligations in the 1900 Act”.


As the noble Lord, Lord Carlile, pointed out, that is absolutely unequivocal. Mrs Justice Thornton ruled that the 1900 Act impacted on the character of the matters relevant to the determination of this planning application, and in parallel with that it is entirely within the discretion of Parliament—us—to take separate decisions on the merits of the matters under consideration, unconstrained by the precise criteria which applied in respect of the determination of any planning application.

It therefore seems to me that we are faced with two slightly separate issues, which are not those faced by a planning authority. First, we are legislators acting in the wider public interest, and secondly, we have been granted by the 1900 Act a right of veto on what goes on on the land immediately adjacent, which is in our curtilage. This is uncommon these days, but it is the kind of control over land that was relatively normal in the era of the 1900 Act. It seems to me that we have to exercise our powers in good faith, but that has nothing to do in itself with the law that relates to planning provisions.

We are faced with a series of woolly assurances from the Government on what will happen going forward and, as the noble Lord, Lord Carlile, pointed out, in terms of security matters they need very substantially tightening up. After all, what is our role in this? Obviously, it is the security and safety of Members, staff and visitors. It is up to us to decide what is appropriate to do for us as employers and hosts to people in this building. I do not believe that we can somehow put this out to commission to somebody else. That is why I strongly support the approach of the noble Lord, Lord Carlile, because it brings to us the information we need properly and responsibly to carry out our duties in respect of our occupation of this building. This is quite separate from our approach to a whole range of other matters that may be discussed later this evening.

Finally, I am a trustee of a number of landed properties, and it seems to me that we cannot simply wish away responsibility for this. In my view, if I as a trustee were to take the approach to security matters here being advocated by the Government, I would be guilty of professional negligence. It is as simple as that. We have to know and be confident ourselves in what is being proposed. Looking at it from a different perspective, if we simply somehow put out to commission the responsibilities we have, we are imposing on the legislation something very much akin to a Henry VIII clause, and that, as we know, is very alien to the way we look at public business.

I do not want to go on any further, but it is up to us to decide what we think is right from the perspective we have on these matters.

[Baroness Walmsley (LD)]

My Lords, I have added my name to this amendment so I would like to speak next, if noble Lords do not mind. As the noble Lord, Lord Carlile, has said, this is no ordinary planning application and I will say why I think that is. The proposer is the Government. The Government are in a special position of being able to remove an important barrier to doing what they want to do, and Clause 2 removes the 100-year-old protections for the park. Most proposers of planning applications cannot do that. But guess what? It is even worse, because whoever decides on the planning application, yes or no, is the very same person as the proposer. It is the Government. It is a junior Government Minister. It was called in by a junior Government Minister when it first came before planning. That makes it a very unusual planning application.

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[Lord Herbert of South Downs (Con)]

I would like to interrogate the argument, which is an important one, that, to use the noble Baroness’s phrase, the location of the learning centre next to our Parliament is essential. That is not the case in relation to other Holocaust learning centres around the world, is it?

The United States Holocaust Memorial Museum, which has been referred to—the most visited in the world—is nearly two miles from the United States Capitol. It is, of course, within the overall area where there are many memorials and government buildings, but it is not proximate to the United States Capitol. The Jewish Museum in Berlin, which I referred to earlier, is the same distance of nearly two miles away from the Reichstag. The Jewish memorial is a little closer, but the Jewish Museum is an outstanding and much visited place, with an amazing experience and building designed by Daniel Libeskind.

The kernel of the argument of those of us who have concerns about the location of the proposed learning centre—not the memorial—is that the consequence of being so determined that it should be right next to our Parliament is that will be a much smaller, less impressive and less suitable learning centre than it would be if an alternative venue was chosen. The other arguments are secondary to that. The security concerns will be concerns wherever the location is.

There will also be an impact on a very small space. We have little of that kind of green space around our Parliament building so I think it is perfectly reasonable to accept the noble Baroness’s amendment and look for alternative sites. This is not just because of the effect on Victoria Tower Gardens, but because we are going to end up with a much less optimal learning centre if we persist in combining it with the memorial in this too-small space.

[Lord Inglewood (CB)]

My Lords, unlike most speakers in this debate—although I think I am with the previous speaker—I come at this from the perspective of being concerned about Victoria Tower Gardens. I do not suppose that that is a surprise, coming from somebody who is the president of Historic Buildings & Places and a fellow of the Society of Antiquaries. It is my considered view that what the Government are proposing is overdevelopment of Victoria Tower Gardens. Earlier this afternoon I did not go to the Cross-Bench group meeting, but skived off and walked round the gardens, and I must say—let us be under no illusions—if this goes ahead, it will wreck the gardens.

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[Lord Lisvane (CB)]

My Lords, this amendment is in my name and those of the noble Baronesses, Lady Walmsley and Lady Fookes, and the noble Lord, Lord Hodgson of Astley Abbotts. Amendment 7, in the name of the noble Lord, Lord Inglewood, is also in this group. Amendments 6 and 7 would do pretty much the same thing, but it is typical of the noble Lord’s gift for crisp expression that his Amendment 7 is about half the length of my Amendment 6.

We are after something which I would have thought would be beyond criticism: the approval of Parliament. It happens that this is first amendment of the evening—indeed, the early morning—that is not directly about the HMLC project. We seek straightforward approval from both Houses for the planning consent, should that be obtained. Ministers would have to table approval Motions in each House within 60 days of any consent being granted, and no work on the centre could begin until both Houses had agreed.

Planning consent is one thing, but the putting of the proposition to Parliament brings in a wider dimension: the achievability of the project and the proper expenditure of public money. Those are issues on which Parliament has a right to be consulted and express a view. There are quite a few former accounting officers in this place and I must admit to being one myself. The Infrastructure and Projects Authority report in January this year is the stuff of which accounting officers’ nightmares are made. The authority said:

“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 authority has rated the project red and unachievable for each of the last three years.

The National Audit Office has been no kinder. In its 2022 report, it described the promoter’s failure to consider any alternative sites, or to quantify or account for risk, as an emerging risk, causing potential cost increases. The latest capital cost estimate, which was kindly given to us by the Minister in a debate on an earlier amendment, is £146 million. This must make the case for the parliamentary approval that Amendment 6 would provide.

One argument which I hope the Minister will not think of deploying against this amendment is the canard that Royal Assent to the Bill will provide the necessary parliamentary authority for the project; of course it will not. What the Bill does is encapsulated in the long title: it allows expenditure but, crucially, does not approve it.

When and if planning consent is given, we will move into the next phase. That should be of a properly costed and funded project with serious management arrangements, which the Infrastructure and Projects Authority and the National Audit Office feel able endorse. It is that which Amendment 6 seeks to submit to parliamentary judgment. I beg to move.

[Lord Inglewood (CB)]

My Lords, I will speak in favour of Amendment 7 and in support of Amendment 6. I strongly reiterate and endorse the wise words from the noble Lord, Lord Lisvane. As he said, we are not a planning authority. We are Parliament, and we are looking at changes in the legislation contained in the Act of 1900. The criteria used to determine whatever decisions may be reached are different in the two separate cases and we must exercise our judgment independently of the rules which relate to the granting or otherwise of planning permission.

The one thing I feel very strongly about here is certainty. In 1900, the legislation incorporated a plan that was deposited with the Clerk of the Parliaments—I understand it is currently somewhere between this building and Kew, so I have not been able to see it—which shows precisely what was going to happen, and it was in law that what was in the plan was to be implemented.

We are now being asked, in repealing that piece of legislation, to rely on a series of the most generalised principles, and we do not know what we are being asked to approve. It is only right and proper, once planning permission has been granted and there is a degree of certainty about the detail of what is going to be proposed, that we then have the last word. That is consistent with the pattern of the way in which this has occurred.

Let us remember: Victoria Tower Gardens is not just any old public park. It was established by an Act of Parliament, and at the time it was established, it was agreed between the committee and the LCC—and, I think, the First Commissioner of Works—that it was a “national improvement”. Given that context, what we are seeing is both entirely reasonable and quite proper.

[Lord Hodgson of Astley Abbotts (Con)]

I added my name to these two amendments. I will add very briefly to the remarks that have already been made by the noble Lord, Lord Lisvane, in moving his amendment.

I referred earlier to the unsatisfactory nature of Committee, when all sorts of issues which could usefully have been dug out and discussed were put to one side. This included the fact that we were told that a large number of issues that we would have liked to have discussed in Committee were to do with planning and were therefore nothing to do with us. We did not have the competence, experience or indeed the legal position to be able to make a useful contribution.

Let me be clear: I absolutely respect the planners’ competence and their experience. However, the provisions and implication of a Bill such as this go far beyond the normal arrangements. This is not like a controversial proposal to build on the green belt; it is about constructing an iconic memorial on a small piece of open space in the lee of the Palace of Westminster, itself a world heritage site.

When these plans come to fruition—as I hope they do, as I have said before—it will be really important that the then Members of the two Houses of Parliament, who are, after all, essentially the trustees of the Palace of Westminster, should take responsibility for all the decisions that are made. They should finally tick it off once we have reached that particular point in the process. That is why I support the noble Lord’s amendment.

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Moved by

[Lord Inglewood]

8: After Clause 2, insert the following new Clause—
“Matters to be taken into account in determining planning applicationAny determination involving consideration of any application to grant planning permission for any Holocaust Memorial and Learning Centre in Victoria Tower Gardens must take into account all relevant matters at the time of the determination.”

[Lord Inglewood (CB)]

I think this will be a very short debate, because the right thing for me to do—bearing in mind that the last round in the planning process led to the application being quashed, and therefore it no longer exists in law at all, which means that it has to be redetermined de novo—is just to say to the Minister that I assume that he agrees with what I have put in the amendment.

My only additional comment is that the previous application was not quashed because of the London County Council Act; it was quashed because administrative mistakes were made.

[Baroness Deech (CB)]

My Lords, I did not add my name to this amendment, but the point of it is that the entire circumstances in which planning permission was first granted, and the project was first mooted, have entirely changed. I will make one small point about that. My research shows that the national Infrastructure and Projects Authority rated the project red, even at a stage when it had planning permission, because it is as flawed as HS2.

If we go back nine or 10 years, what do we find? Everything is different. Today, we know that for the next 30 years or so, Victoria Tower Gardens will be the site of rubble and building materials needed to repair the Palace of Westminster and Victoria Tower and for the replacement of the Parliament Education Centre. The appeal to the emotions of the special nature of Victoria Tower Gardens and its relationship to democracy, peace and quiet has entirely gone.

The Adjaye firm design can no longer be considered to be of exceptional quality, as the inspector put it, because we now know it is a third-hand design. We know that the design of the 23 fins has been condemned by Sir Richard Evans as not representing anything historical at all to do with the 22 countries whose Jewish populations were exterminated. We know from research that abstract memorials are vandalised far more than figurative ones because the former carry no emotional weight. A fresh start would entail having a proper religious or appealing motif to the design.

The need for open space has been shown as more persuasive than ever since lockdown. That space was used for the lying-in-state of the late Queen and for the queues for the Coronation, and may well be needed again. That is a very important space to keep open. There has been criticism by UNESCO and other international bodies. The flood risk has increased, and the environmental regulations call for new consideration; in other words, there needs to be fresh consideration of a situation entirely different from what prevailed nine or 10 years ago. That is what this amendment is trying to achieve.

[Lord Khan of Burnley (Lab)]

My Lords, the amendment moved by the noble Lord, Lord Inglewood, seeks to ensure that a decision on any planning application must take into account all relevant matters. This amendment is unnecessary. Planning decisions must be taken within a framework of statute and regulation, which Parliament has put into place to make sure that all relevant matters are considered and given appropriate weight. These matters are referred to as “material considerations” in the planning framework.

As noble Lords are well aware, the proposed Holocaust memorial and learning centre is the subject of a planning application that was originally submitted in late 2018. After the original decision to grant consent was quashed by the High Court in 2022, the application is now awaiting redetermination by a designated Minister. Special handling arrangements have been put in place to ensure that a proper and fair decision under the relevant planning legislation can be taken.

Noble Lords will understand that I speak as the promoter of the Bill and, in effect, as the applicant for planning consent. Therefore, it is not for me to comment in any detail on how the determination decision will be taken. However, I feel confident in saying that the designated Minister will seek to take that decision in accordance with the law. Whatever process is undertaken, whether seeking written representations or through a new planning inquiry, the decision-maker must take into account all relevant matters. There will of course be opportunities for any decision to be challenged in the courts if interested parties believe that relevant matters have not been taken properly into account.

This amendment adds nothing to the responsibilities which already rest on the Minister designated to take the planning decision. I ask the noble Lord to withdraw it.

[Lord Inglewood (CB)]

My Lords, I assume that the Minister, when he said, “seek to take that decision in accordance with the law”, will actually undertake to take the decisions in accordance with the law. I beg leave to withdraw.

Amendment 8 withdrawn.

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[Lord Evans of Rainow (Con)]

Strategic decisions on R&R have yet to be taken. There is no prospect of serious work on-site before 2030. It is likely the Holocaust memorial and learning centre will be completed by that time if your Lordships’ House will permit it. The Holocaust memorial and learning centre will be at the southern end of the Victoria Tower Gardens, some distance from the land which the R&R programme is expected to use. With good will and practical common sense, it will be perfectly possible to arrange matters to avoid any conflicts.

[Lord Inglewood (CB)]

My Lords, in the event of there being a conflict, which one trumps the other?

[Baroness Scott of Bybrook (Con)]

My Lords, Amendment 9 in the name of the noble Baroness, Lady Deech, seeks to delay the delivery of the Holocaust memorial and learning centre until the authorities of both Houses of Parliament have certified that they are satisfied that the delivery of the project will not impede the delivery of the restoration and renewal of Parliament. Restoration and renewal is indeed a vital project, and the future of our iconic Palace of Westminster is extremely important. This is a symbolic building, a statement of our respect for British parliamentary democracy, and we must press ahead with the restoration and renewal, but these goals do not need to be mutually exclusive.

When I was working in the department and had a responsibility for this part of the work of the department, it was very clear that all these people worked together. The project teams met regularly and they knew what each other was doing, and I hope that the Minister will confirm that that is still going on. These projects are not being done in isolation. They are being done together and planned together, and the delivery will work because they will talk to each other. The pressure on Westminster’s infrastructure of sustaining two projects of this magnitude is something that we should rightly address during the planning process, although we do not accept that this amendment is at all necessary.

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[Baroness Fookes (Con)]

My Lords, given the lateness of the hour and the fact that this amendment, in my name and that of other noble Lords, is rather unfortunately numbered 13—it does not bode well for this amendment, I fear—I will be as brief as I can.

I simply wish to seek the opinion of the Historic Buildings and Monuments Commission for England and the World Heritage Committee that they are satisfied that this unique little park will not suffer detrimentally from the building works that are planned. We have to bear in mind that this is the setting for our magnificent building. As such, it is of considerable importance. In addition, we want to see that the memorials already there are not overlooked or in any way detrimentally affected. I am also particularly keen to ensure that the green space is preserved.

I will not rehearse all the views I expressed in Committee, save to say that I believe there is a very real danger that the two avenues of magnificent planes will be at serious risk. I base this on an independent report made to Westminster City Council, which set out in detail what those risks were. I will not rehearse those now, but I ask that we take full account of the importance of this little park, both for its setting and for the people who currently enjoy the green spaces in an area not very full of them. I beg to move.

[Lord Inglewood (CB)]

My Lords, I am disappointed that, in this wide-ranging and very interesting and relevant debate, we have hardly touched on the conservation significance of Victoria Tower Gardens. We need to be under no illusions that it is a very important site, both on its own account and because it is one of the most significant sites in this country, which is of global, European and national importance.

I will not at this point in the evening enumerate the detail of the characteristics and designations it has achieved, nor the criticisms that have been levelled against what is being proposed. Suffice it to say that, from a national and an international perspective, those criticisms carry the greatest heritage value and perspective. They should not be lightly dismissed as some kind of frippery on the periphery of this debate—on the contrary, they are right at its centre.

I hope, in conclusion, that the way in which this matter will be handled will be one that will enable some of those who are bound to be disappointed to accept that a fair, even-handed decision was reached, balancing all interests involved, and that no particular pressure groups—whether they are Jewish or conservationists or anybody else—has been given priority unjustly over anyone else.

[Baroness Walmsley (LD)]

My Lords, as a botanist, I assure your Lordships that the noble Baroness, Lady Fookes, is absolutely right about the extreme danger to the two rows of plane trees. I just have one question for the Minister, and I hope he can reply. Notwithstanding the text of Clause 2, can he say what measures the Government plan to put in place, if the proposed project is to go ahead unamended, to ensure the continued public benefit of Victoria Tower Gardens as a green space to the local population and to the workers in this building?