Holocaust Memorial Bill

Lord Khan of Burnley Excerpts

2nd reading
Wednesday 4th September 2024 Lords Chamber

Moved by

[Lord Khan of Burnley]

That the Bill be now read a second time.

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

My Lords, many noble Lords will be familiar with the Bill we are debating today and will remember that it was previously introduced in the previous Parliament. We have reintroduced the Bill for the same purpose that it was first brought forward by the previous Government: to help ensure the victims of the Holocaust will never be forgotten.

This horrendous crime—the murder of 6 million Jewish men, women and children—was an attempt by the Nazi state to eliminate an entire people. If we are to honour those families, communities and individuals, we must constantly ask ourselves: how did it come about? What was the context within which such hatred could grow? How did it happen that people could turn with such violence upon their neighbours? What led a Government to plan and execute the murder of millions?

A new national memorial to the Holocaust, with an integrated learning centre, will enable future generations to ask and answer those questions for decades to come. It will be a focal point for remembering the 6 million Jewish men, women and children, and all other victims of Nazi persecution, including Roma, gay and disabled people. That is why we supported the Bill in Opposition and are promoting it today.

I want briefly to explain how we arrived at this moment, and pay credit to all those who supported the project until this point. In particular, I thank those involved in the work of the Holocaust Commission, launched by the noble Lord, Lord Cameron of Chipping Norton, when he was Prime Minister. It was the recommendations of that commission, set out in its 2015 report, which called for a

“striking and prominent new National Memorial”,

which should be

“co-located with a world-class Learning Centre”.

In the years since, the UK Holocaust Memorial Foundation has done extensive work to find a suitable location. Since Victoria Tower Gardens was identified and the design team of Adjaye Associates, Ron Arad Architects and Gustafson Porter + Bowman was appointed, the project has consistently benefited from strong cross-party support. Since 2018, that support has, of course, been led by the noble Lord, Lord Pickles, and the right honourable Ed Balls through the UK Holocaust Memorial Foundation, building on the work of the commission, which itself received almost 2,500 responses to its call for evidence.

The design of the Holocaust memorial and learning centre is itself the product of an international competition, with hundreds attending the exhibitions of the short-listed entries and then the winning design. A detailed planning application was then submitted to Westminster City Council at the end of 2018, with around 4,500 comments submitted online. Then, the 2019 call-in by the Minister led to a planning inquiry, chaired by the inspector, which received almost 70 oral representations. Throughout this process, views have been properly considered, and will continue to be properly considered as future decisions are taken.

In this time, the project has benefited from the support of academics, including Michael Berenbaum and Professor Stuart Foster; teachers and educators such as Ellie Olmer and Martyn Heather, the director of education for the Premier League; religious leaders, including both the Chief Rabbi and the most reverend Primate the Archbishop of Canterbury; and, of course, the voices of many Holocaust survivors.

I also stress that I accept there will never be universal support, and I want to assure the House that, for those who oppose the project, I will always be available to listen to, engage with and respect any concerns about this Bill. Indeed, I note that the noble Baroness, Lady Deech, has tabled a regret amendment that the Bill does not include certain provisions or deal with particular issues. This brings us neatly to an explanation of the Bill’s provisions, following which I will pick up on the points that the noble Baroness raises in her amendment.

The Bill is before the House to provide parliamentary authority for spend on the project and to address the view of the High Court, which said that Section 8 of the London County Council (Improvements) Act 1900—the Act which saw the creation of Victoria Tower Gardens in more or less its current form—is an obstacle to construction. Clause 1 seeks powers to enable the Secretary of State to provide funding for the construction, maintenance and operation of a Holocaust memorial and learning centre. It is a long-standing convention that Ministers should have adequate and specific legal authority to commit funds to significant new activities.

Clause 2 seeks to address the statutory obstacle inherent in the 1900 Act. I would like to spend a few moments explaining precisely what Clause 2 does and does not aim to achieve. The clause, if enacted, would provide that the 1900 Act should not be a barrier to the construction or operation of the Holocaust memorial and learning centre. The clause does not seek to repeal any part of the 1900 Act. I want to make clear that we are not seeking to overturn the guarantee that Parliament gave 124 years ago that Victoria Tower Gardens should remain protected,

“as a garden open to the public”.

The Government remain firmly committed to retaining and, indeed, improving the gardens, ensuring that all users of the gardens can continue to enjoy them. There will, of course, be some loss of space as a consequence of building the memorial, but the remaining area is more than 90% of the current space. Visitors to that 90% of the gardens will, as a result of this project, enjoy improved lawns with better drainage, more varied planting, more accessible seating and new boardwalks alongside the River Thames.

Clause 3 deals with extent, commencement and the Short Title.

In the previous Parliament, the House of Commons made clear that it wished the Bill and the project to proceed. We now have the opportunity in this House to give the same clear message. I am delighted that, as a new Government, we can also make very clear our support for this project. I confirm that the Deputy Prime Minister and Secretary of State will continue to promote the planning application put forward by her predecessor to ensure that it is built.

It is important to note that this Bill does not provide powers to build the Holocaust memorial and learning centre. Planning consent must be obtained through the separate statutory process, which takes full account of the need to assess in detail all aspects of any development and to hear from both supporters and opponents. I have already referred to the consultation carried out as part of the planning process, one of the topics the noble Baroness, Lady Deech, asks in her Motion for the Bill to cover. Similarly, the process for site selection and appraisal and all matters relating to security have been scrutinised through the planning process, including at a public planning inquiry.

On project costs, a statement of expected costs was published by the then Government at Second Reading of the Bill. Forecast costs will continue to be reviewed and agreed with the Treasury in the normal way.

I will endeavour to respond in more detail in my closing speech to these and other points made by noble Lords in the course of the debate.

The proposal for a Holocaust memorial and learning centre at Victoria Tower Gardens will demonstrate the significance of the Holocaust to the decisions we take as a nation. I referenced Holocaust survivors earlier and, as I finish, I want to tell the House about a personal motivation for why I am so keen to see that the memorial is built. Throughout my life and the lives of Members of this House, we have all heard direct, first-hand accounts of the Holocaust from those who were there. They are stories which were often deeply painful to relate but were told by survivors who knew the importance of sharing their testimony. Sadly, the opportunity to hear first-hand testimony will not be available for future generations. Each year, we are losing more and more Holocaust survivors. Last year, Holocaust survivor and staunch supporter of the project Sir Ben Helfgott died, and we know that not seeing the Holocaust memorial and learning centre built in his lifetime was a great sadness to him. Earlier this year we saw the passing of Henry Wuga MBE and Hella Pick CBE, who both escaped Germany on the Kindertransport and made their homes here. For those courageous survivors who fear that attention will fade after their departure, the Holocaust memorial and learning centre provides strong reassurance.

The history of the Holocaust will always be important to Great Britain, and in an age of increased disinformation and misinformation, this memorial and the learning centre will mean that history continues to be told, and respected, long after its witnesses are no longer with us. As the great-grandson of a 100 year-old survivor, Lily Ebert, said

“When we no longer have survivors like Lily among us, this memorial will help to ensure that their experience is never forgotten. We can create the next generation of witnesses”.


I beg to move.

--- Later in debate ---

[Lord Khan of Burnley (Lab)]

My Lords, I am grateful to noble Lords from across the House for their powerful contributions on this important Bill. It is heartening to hear cross-party support from across the House, but I also want to recognise the strong feelings, for and against, and respond to the concerns raised by noble Lords. Given the lengthy consultations and public inquiry that have taken place over the past decade, many of these concerns have been responded to previously, but I want to take time to go over a few of the specific points made.

On a broader point, I first draw attention to the planning inspector’s conclusion that the civic, educational and social public benefits of the proposal “outweigh the identified harms”. I also want to reference the separate process for the designated Minister to consider next steps in retaking the planning decision, which is a completely separate process from the Bill. On that, I can tell the House that arrangements are in place within the department so that the designated Minister remains isolated from the Holocaust memorial project and can make planning decisions in a fair, transparent and unbiased way.

As this is a hybrid Bill, there has also been an opportunity for those who are directly and privately affected to petition against it, and for those petitions to be considered by a Select Committee, both in the House of Lords and in the other place. In the Commons, the Select Committee heard eight petitions and decided not to amend the Bill. Eighteen petitions have been received in the Lords and will be referred to a Select Committee for consideration following this debate. Those opposed to the planned Holocaust memorial and learning centre have had every opportunity to make their comments known.

Moving on to specific concerns that were raised, the noble Baronesses, Lady Noakes and Lady Bottomley, the noble Lord, Lord Carlile, the right reverend Prelate the Bishop of St Albans, the noble Viscount, Lord Craigavon, the noble Lords, Lord Howarth, Lord Sandhurst, Lord Strathcarron and Lord Sassoon all talked about the security risk, as did the Opposition Benches. The Holocaust memorial and learning centre will have security arrangements similar to many other public buildings in Westminster. We are working with security experts, the National Protective Security Authority and the Metropolitan Police to ensure that the site has the necessary level of security measures.

Based on this expert advice, physical security measures will be incorporated into the memorial and landscaping which will meet the assessed threat. Expert advice has also informed our proposed operational procedures, which will be reviewed and updated routinely in response to current threat assessment.

Full security information was submitted as part of the planning process, but in the interest of safety and security it was not included in the public planning information. It would be completely unacceptable to build the Holocaust memorial in a less prominent location simply because of the risk of terrorism, a point made by many noble Lords. That would amount to allowing terrorists to dictate how we commemorate the Holocaust, as many noble Lords said.

Noble Lords will understand that there are good reasons why the details of security arrangements cannot be shared widely. We have relied and continue to rely on advice from the appropriate security experts. Nevertheless, I recognise that the noble Lord, Lord Carlile, has a great deal of expertise in these matters and he is absolutely right to draw attention to the need for proper security arrangements. I will be very happy to arrange a private briefing for the noble Lord with members of the project team to discuss the security arrangements we are proposing. My office will be in touch with him soon.

A number of noble Lords alluded to the content of the learning centre, including the noble Lords, Lord Mann, Lord Goodman, Lord Blencathra, Lord Austin and Lord Verdirame, the noble Viscount, Lord Craigavon, and the noble Baroness, Lady Fox. The exhibition will confront the immense human calamity caused by the destruction of Jewish communities and other groups. The learning centre will also address subsequent genocides in Cambodia, Rwanda, Bosnia and Darfur. The exhibition will examine the Holocaust through British perspectives, looking at what we did and what more we could have done to tackle the murder and persecution of the Jewish people and other groups. The content for the learning centre is being developed by a leading international curator, Yehudit Shendar, formerly of Yad Vashem, supported by an academic advisory group, to ensure that it is robust, credible and reflects the current state of historical investigation into and interpretation of the Holocaust.

Noble Lords across the House—including the noble Baronesses, Lady Noakes and Lady Bottomley, the noble Lords, Lord Kerr, Lord Strathclyde, Lord Balfe, Lord Inglewood and Lord Sassoon, and the noble Viscount, Lord Eccles—asked why Victoria Tower Gardens was chosen. Victoria Tower Gardens was identified as a site uniquely capable of meeting the Government’s aspiration for the national memorial and learning centre. It is close to buildings and memorials that symbolise our nation and its values. It is the most fitting location in terms of its historical, emotional and political significance, and its ability to offer the greatest potential impact and visibility for the project. The view of Parliament from the memorial will serve as a permanent reminder that political decisions have far-reaching consequences. It will encourage all UK citizens, and visitors of all nationalities, to reflect on the lessons of the past.

The noble Baroness, Lady Deech, and the noble Lords, Lord Howard, Lord Howarth and Lord Black, spoke about the adverse impact on the park, trees and playground. The design is sensitive to the heritage and existing uses of Victoria Tower Gardens. It uses approximately 7.5% of the area of Victoria Tower Gardens, while making enhancements to the remainder of the park that will help all visitors, including better pathways and improved access to existing memorials. The memorial will be positioned to minimise the risk of damage to tree roots, and great care will be taken with the trees during construction. The play area will be retained and redesigned to make better use of the space and a more attractive play environment.

Many noble Lords across the House alluded to the issue of size. The figures of 7.5% for open space loss and a 15% reduction in green space were calculated using architects’ scale drawings of the site. A detailed breakdown of these figures was published in April 2023 in response to a Parliamentary Question from the noble Baroness, Lady Deech, and supporting documents were placed in the Library of the House. It was a matter of common ground between parties at the planning inquiry, as noted in the inspector’s report at paragraph 15.79, that the actual loss of open space, principally as a consequence of the entrance pavilion and courtyard, was 7.5%. Extensive information about the Holocaust memorial and learning centre, considered at the planning inquiry, remains publicly available on Westminster City Council’s website.

On the points made about the increase in traffic, the majority of the visitors to the memorial are expected to be visiting the local area and arriving by bus or tube, with just a short additional walk along Millbank to the memorial. We estimate that there will be 11 coaches per day, using a proposed coach bay on a quieter section of Millbank, which will minimise disruption to traffic and pedestrians. Coaches will use these bays only to drop off and pick up passengers, not to park while visitors are in the exhibition.

The noble Baronesses, Lady Pinnock and Lady Noakes, referred to consultation regarding potential sites. The UK Holocaust Memorial Foundation engaged with a wide range of organisations, including the Royal Parks, Holocaust commemorative and educational organisations and London boroughs, as well as directly commissioning the advisers to identify potential sites. The foundation also published a document, National Memorial and Learning Centre: Search for a Central London Site, inviting all interested parties to put forward expressions of interest. General public consultation was not carried out at the stage of recommending a preferred site because at that point, there were no clear proposals for what a memorial would look like and how it would sit within Victoria Tower Gardens.

A number of noble Lords, including the noble Lords, Lord Strathclyde, Lord Howell and Lord Sandhurst, mentioned the possible adverse effect on the Buxton Memorial. The planning inspector concluded that the development will not compromise the outstanding universal value of the world heritage site. The Buxton Memorial will be kept in its current position; the views of it will be preserved, and new landscaping and seating will be added to improve the setting, viewing experience and accessibility. The Holocaust memorial will be no higher than the top of the Buxton Memorial. The memorial’s bronze fins step down progressively to the east, in visual deference to the Buxton Memorial, where they are closest to it.

On cost, an issue raised by the noble Viscount, Lord Eccles, the noble Lords, Lord Lisvane, Lord Goodman and—

[Lord Lee of Trafford (LD)]

During construction, where will the access point be for all the lorries that will take out the soil and the debris and bring in the building materials? The Minister has not answered that question.

[Lord Khan of Burnley (Lab)]

I will address the noble Lord’s individual concern after I talk about the more specific concerns.

Updated costs of £138 million were published in June 2023, so that Parliament and all interested parties could have a complete picture ahead of important debates on the Holocaust Memorial Bill. It is deeply regrettable that delays to the programme have led to increased costs. With construction price inflation at high levels, the delays arising from the High Court’s decision to quash planning consent have inevitably added to the programme costs.

The noble Lord, Lord Russell, talked about the scope of the hybrid Bill and the Select Committee. The Bill does not include powers to construct the memorial and learning centre but deals with a narrow point in the London County Council (Improvements) Act 1900 that was found to be an obstacle; it focuses on that in particular. Had the Select Committee considered matters that fall within the scope of the planning decision-making process, it would have risked important matters being addressed in a partial and potentially unfair manner, in particular risking that the voice of supporters of the Holocaust memorial and learning centre would not be heard.

The noble Baroness, Lady Pinnock, asked how the design was decided. There was a competition, and 10 design teams were shortlisted, with 92 entries, in 2017. It was announced that Adjaye Associates, Ron Arad Associates, and Gustafson Porter + Bowman were the winning team. On the concern of the noble Baroness, Lady Deech, about the allegations against Sir David Adjaye, I note that Adjaye Associates stated that Sir David will not be involved in the UK Holocaust Memorial Foundation project until the matters raised have been addressed.

The noble Baronesses, Lady Pinnock and Lady Deech, and the noble Lord, Lord Lisvane, talked about public consultation not being enough. Ahead of the planning application, public consultations were held to gather feedback from local residents and the wider public. Around 4,500 responses were submitted to the planning application and, at a publicly held planning inquiry, many people spoke for and against the proposals. Planning processes ensure that all affected parties have the chance to make their views known on proposed developments, including this proposal. Consultation on the Holocaust memorial and learning centre has been extensive and thorough.

To the noble Baroness, Lady Scott of Bybrook, I say that the construction phase is expected to last three years, with a further six months for fitting out. Provision has been made to ensure that as much of Victoria Tower Gardens as possible is open to users during construction works. This includes the riverside walk and the northern area of grass around the “Burghers of Calais” and up to the Houses of Parliament perimeter. The team will engage with specialist contractors from an early stage to ensure that works are well planned and disruption minimised.

The noble Baroness, Lady O’Loan, and the noble Lord, Lord Lisvane, referred to the National Audit Office’s July 2022 report on the project. We welcome that the National Audit Office has addressed all its recommendations. It recognised the challenges we face in managing cost pressures in the context of inflation across the construction sector and of disappointing delays arising from opposition to the planning application. It is important to say that the National Audit Office also recognises that governance arrangements are in place. The strategic benefits of the programme have been clearly identified and specialists with the necessary skills have been recruited to the programme.

A flood risk assessment concluded that Victoria Tower Gardens is heavily protected by the Thames river flood defences, significantly reducing the risk of flooding on site. The UK Holocaust memorial and learning centre will include rainwater attenuation measures and improvements to the surface water drainage within Victoria Tower Gardens.

Our aim is for the completion of the memorial to be witnessed by Holocaust survivors—a very important point that a number of noble Lords made and that the noble Baroness, Lady Scott of Bybrook, summarised on behalf of the Opposition. Subject to the Bill passing and planning permission being regained, we aim to begin construction in 2025 and to open in 2029. It is a source of deep regret that delays to the programme will mean that fewer Holocaust survivors will have the experience of seeing the memorial open in their lifetime.

On the impact of visitors, our projections are that, based on the number of people visiting Westminster, the maximum number of visitors to the memorial will be around 500,000 per year.

A number of noble Lords, including the noble Lord, Lord Mann, and the right reverend Prelate the Bishop of St Albans, talked about work in relation to the restoration and renewal programme team. The team met regularly to share information and co-ordinate plans to reduce potential impacts. The memorial site is at the southern end of the gardens and need not prevent the use of the gardens by the restoration and renewal programme. Subject to the Bill being passed and obtaining planning consent, we expect construction in 2025, as mentioned. Parliamentary works to the Victoria Tower are expected to start then, and more comprehensive restoration and renewal works are subject to the approval of Parliament and costed proposals in 2025.

A number of noble Lords asked why we could not build at the Imperial War Museum. Victoria Tower Gardens was identified as a site uniquely capable of meeting the Government’s aspiration for the national memorial. The Imperial War Museum has endorsed our proposal, as has been mentioned. Matthew Westerman, the former chair of the Imperial War Museum’s board, is a member of the UK Holocaust Memorial Foundation. We will continue to talk with the Imperial War Museum about our plans. The learning centre’s exhibition will serve a different though complementary purpose to the Imperial War Museum’s Holocaust gallery. We are confident that the project will add to the excellent existing provision on Holocaust education.

The learning centre will provide essential context to the memorial. The Holocaust Commission recommended that a new world-class learning centre should physically accompany the new national memorial. The learning centre will provide the opportunity to learn about the Holocaust close to the memorial, helping people to better understand how the lessons of the Holocaust apply more widely, including to other genocides.

The Government believe that young people should be taught the history of the Holocaust and the lessons that it teaches today. In recognition of its importance, the Holocaust is the only historic event that is compulsory within the national curriculum for history at key stage 3. Effective teaching about the Holocaust can support pupils to learn about the possible consequences of anti-Semitism and other forms of extremism. It is right that we also build this Holocaust memorial as a focal point for national commemoration and to demonstrate our commitment to ensuring that its lessons are never forgotten.

A number of noble Lords talked about the alarming rates of increasing anti-Semitism since 7 October in particular. Anti-Semitism has absolutely no place in our society, which is why we are taking a strong lead in tackling it in all its forms. Making sure that British Jews not only are safe but feel safe is one of our top priorities. The Government have committed further funding of £54 million to the Community Security Trust to enable it to continue its vital work protecting UK Jewish communities until 2028. That brings total funding for the Jewish community protective security grant to £72 million over the next four years.

Memorials alone cannot prevent anti-Semitism, but this memorial will play a part in reminding everyone where anti-Semitism can lead. It will be a reminder to us all, in Parliament and across the whole nation, of the potential to abuse democratic institutions to murderous consequences, and it will challenge us to stand up and combat racism, hatred and prejudice wherever they are found.

On the point made by the noble Earl, Lord Effingham —I welcome him to his place—the play area will be retained and redesigned to make better use of its space and a more attractive play environment. This will allow only a modest loss because of the project.

The noble Lord, Lord Lee, talked about the views of UNESCO, Historic England and others being considered at the planning inquiry. The planning inspector concluded that the development would not compromise the outstanding universal value of the world heritage site. On the comment by the noble Lord, Lord Howard, who said that the design was off the shelf, the memorial design was created specifically for Victoria Tower Gardens.

I just want to pick up some important points that the noble Lord, Lord Austin, talked about and the questions that he asked. Everything will be done to complete the project as quickly as possible, consistent with safety.

The noble Viscount, Lord Craigavon, talked about the learning centre being only digital. We will work with leading producers and designers to create a very powerful and informative digital exhibition. The noble Baroness, Lady Harding, talked about making full use of digital technology to enable young people across the country to learn more about the Holocaust and take advantage of the impressive new learning centre, showcasing the excellent work of the many other Holocaust education organisations.

I want to finish off with some brief comments. The High Court quashed planning consent on the basis that the London County Council (Improvements) Act presented a statutory obstacle to building in Victoria Tower Gardens. This is what we are debating today. The Bill seeks to remove the obstacle by providing that Section 8 of the 1900 Act should not prevent construction or operation of the memorial and learning centre. The aim is to clarify the position before a new decision can be taken by the designated Minister.

The planning application remains current and a new decision on it will be taken. Arrangements are in place within the department, as I said before, so that the designated Minister remains isolated from the project and can make planning decisions in a fair, transparent and unbiased way.

I close by thanking noble Lords across the House for their contributions in this important debate and for their support to deliver on the Government’s commitment, which is long overdue. As Holocaust survivor Susan Pollack said recently:

“I am 93 years old. My dream is to see this memorial and learning centre finally built and to see the first coachload of school children arrive and ready to learn. That is what it is all about. And, hopefully, those students will learn what happened to me and become beacons of hope in the fight against contemporary antisemitism”.


The Holocaust memorial and learning centre will draw on the history of the Holocaust to stress the importance of tackling intolerance and hatred at all levels. It will be a memorial that delivers this message for all people across the UK and the rest of the world, regardless of faith and background. We must lose no more time in building a Holocaust memorial and learning centre of which we can all be proud. I repeat the words of the noble Baroness, Lady Harding: it is shocking that, in 2024, we do not have a national memorial. Who we memorialise matters and what we memorialise matters. In the words of the noble Lord, Lord Cameron of Chipping Norton, the former Prime Minister, it is the right idea, in the right place, at the right time. I commend the Bill to the House.

Holocaust Memorial Bill

Lord Khan of Burnley Excerpts

Committee stage
Tuesday 4th March 2025 Grand Committee

I regret that I cannot support the Clause 1 stand part notice proposed by the noble Baroness, Lady Blackstone. The Government should deliver the memorial and the learning centre, and they need these powers to deliver it. We worked on this for many years in government, and wish to see it delivered in Victoria gardens, in Westminster, and as soon as possible.

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

My Lords, the Government gratefully acknowledge the Select Committee’s report and conclusions. We thank the noble and learned Lord, Lord Etherton, and the members of the Select Committee, who performed their task conscientiously and thoroughly, dedicating considerable time and effort to ensuring that they tested and understood the evidence presented to them. Their report is proof of the balanced approach they have taken. The Government thank them for their patience and dedication.

I thank the noble Lord, Lord Blencathra, for his amendments. It would be appropriate alongside this amendment move the Question that Clause 1 should stand part of the Bill. This group of amendments deals with matters relating to public expenditure on the proposed Holocaust memorial and learning centre. The purpose of Clause 1 is to authorise expenditure on the construction, use, maintenance, improvement and operation of a new national holocaust memorial and learning centre. We want the centre to be a permanent feature of our national consciousness that ensures that the lessons of the Holocaust and the testimony of those who survived have an enduring legacy.

This clause will enable the Government to deliver the commitment, first made in 2015, with cross-party support, to deliver a fitting national memorial that meets the recommendations of the Prime Minister’s Holocaust Commission. The commission found widespread dissatisfaction with the existing memorial in Hyde Park. That is why the commission recommended that there should be a striking new memorial, prominently located in central London, to make a bold statement about the importance that Britain places on preserving the memory of the Holocaust.

Plans for the Holocaust memorial and learning centre have been endorsed by every living Prime Minister and have widespread support from leading representatives of the Jewish community, other faith and community leaders, survivors, refugees and the wider public. The proposed memorial will honour the 6 million Jewish men, women and children who were murdered in the Holocaust and all other victims of Nazi persecution. The collocated learning centre will examine the Holocaust through British perspectives, looking at what we did and what more we could have done to tackle the murder and persecution of the Jewish people and other groups.

By long-standing convention, based on the Public Accounts Committee concordat of 1932, reflected in the current Treasury guidance Managing Public Money, specific legislation is needed for funding new services that are expected to continue beyond two years. Clause 1 meets that requirement.

Amendment 1, tabled by the noble Lord, Lord Blencathra, would put in the Bill a limit that would apply to both the construction and the operational costs of the Holocaust memorial and learning centre. Although I sympathise with the noble Lord’s concern to manage public expenditure, I think noble Lords will be aware that other mechanisms are used to allocate funding and control costs. The figure of £138.8 million is evidently taken from the Written Ministerial Statement made by the previous Government in June 2023. As a consequence of that Statement, Parliament and all interested parties were fully aware of the expected costs when the Bill completed its passage through the other House and passed its Second Reading in this House.

The amendment would use that published sum, plus an arbitrary 15% contingency, to set a cost limit for both the construction and the ongoing operation of the Holocaust memorial and learning centre programme. Setting a limit in primary legislation in that way would create a great deal of inflexibility in the management of the project. The project to create a national Holocaust memorial and learning centre is being taken forward in line with normal procedures and processes for government projects. As part of the Government’s major projects portfolio, it is subject to regular and transparent reporting.

[Lord Carlile of Berriew (CB)]

I am grateful to the noble Lord for giving way, particularly as he has been so amenable to consultation throughout the process of the Bill. Is he saying that the passage of the Bill would allow the Government to raise the money, whatever the cost of the project would be? Is it not the case that all that the Bill would do is allow the Treasury to be asked, from its vote, to allow a certain sum of money to be granted? My understanding is that the Bill does not give a blank cheque to the Government without further checks and balances in normal Treasury procedures. If that is the case, please would the Minister not leave that impression?

[Lord Khan of Burnley (Lab)]

My Lords, I shall clarify what Clause 1 is about. Clause 1 allows the Secretary of State to spend money to build the Holocaust memorial and learning centre. That is what it is about.

[Lord Carlile of Berriew (CB)]

With respect, the Minister is not answering my question. Of course this Bill, once an Act, would allow the Secretary of State to spend money, but the implication of what he says is “any” money. Is it not a fact, and the law, that it has to be provided from the Treasury vote? Therefore, decisions have to be made as to how much money will be permitted. Can he help us, if that is true, as to how much money it is intended to permit?

[Lord Khan of Burnley (Lab)]

My Lords, that is correct. The appropriation Act allows us to spend the money.

[Lord Inglewood (Non-Afl)]

The Minister said the Government needed flexibility in the case of additional cost. Is that limitless?

[Lord Khan of Burnley (Lab)]

My Lords, it would help if I can come on to more details about contingencies and costs, and then we can come back. If I do not answer anything specific, I can come back to the noble Lord in writing or in a further meeting.

[Lord Blencathra (Con)]

We will deal with this issue more extensively in the third group of amendments, but perhaps it would help to quote from page 11 of the National Audit Office report, which sets out all the organisations in charge of trying to run this project. It says that the Treasury is:

“Responsible for allocating funding for the programme. Treasury approval is required at different stages as per the Integrated Assurance and Approval Plan … As a condition of the funding, the Department must seek further Treasury approval if the programme is forecast to use more than half of the approved contingency”.


Another box also says that the Cabinet Office must give approval as well.

[Lord Carlile of Berriew (CB)]

It is the Baldwin concordat.

[Lord Khan of Burnley (Lab)]

My Lords, I must make progress but, very quickly, we will follow the normal public expenditure rules, as I have illustrated. I remind noble Lords that Clause 1 refers to allowing us to spend the money to build the project. I understand that it does not say how much money, but whatever the Government do will follow the normal Treasury rules, as indicated by the noble Lord, Lord Carlile.

[Lord Robathan (Con)]

The Minister is under a bit of flak here. This is a very unusual Bill, as he will understand. It is not like voting for huge amounts to go to defence, or whatever it might be. We in Parliament surely exist to control what public money—not our money—is spent on. We are talking here about some astronomical amount that we do not know. That is why people are asking these questions.

[Lord Khan of Burnley (Lab)]

I understand the point that the noble Lord is making, but this Bill allows expenditure. Funding will be allocated through the normal public expenditure arrangements. The House of Commons passes annual appropriation Acts.

The project is also subject to review by the National Audit Office. In July 2022, the National Audit Office conducted a review and produced a report noting, among other points:

“The programme has controls to try to safeguard against substantial cost increases”.


Three recommendations made by the National Audit Office have been implemented. On the points that the noble Lord, Lord Blencathra, raised about the management of the project, we welcome the National Audit Office’s July 2022 report on the project and have addressed all its recommendations. The National Audit Office also recognises that governance arrangements are in place. The strategic benefits of the programme have been clearly identified and specialists with the necessary skills have been recruited to the programme.

It is also important to make the point that the Infrastructure and Projects Authority, which the noble Lord referred to, currently rates the project as undeliverable because the Bill needs to be passed and planning consent granted in order for it to proceed. That is why there is a red flag rating on this. The project needs planning consent. That was quashed, and it was given a red rating as this Bill needs to be passed.

The £138 million estimate is based on professional advice from cost consultants and allows for inflation.

[Lord Howard of Rising (Con)]

Are those the same cost consultants who advised on HS2?

[Lord Khan of Burnley (Lab)]

My Lords, I do not want to limit myself by saying “yes” or “no” because I do not know the answer. As you would expect, I do not have that knowledge here.

On contingency, the estimate considers potential inflation being more than expected and the risks of the site. Again, the estimate is based on professional advice.

The noble Baroness, Lady Deech, raised the commitment to raise charitable donations. The commitment to raise £25 million has been given by the Holocaust Memorial Charitable Trust, which is chaired by Sir Gerald Ronson. Specific donations will be agreed once planning consent has been granted.

The noble Viscount, Lord Eccles, raised improving records. The testimony of 120 Holocaust survivors has been recorded and is being made available online for all to see before the memorial opens. We have worked with the Association of Jewish Refugees to create an online portal.

The noble Baroness, Lady Deech, also talked about the operating costs. These have been estimated at £6.5 million to £8 million per annum.

--- Later in debate ---

[Lord Khan of Burnley (Lab)]

My Lords, I was responding to the point made by the noble Baroness, Lady Deech, on the operational costs. Operating costs have been estimated at between £6.5 million to £8.5 million per annum, and the estimates draw on comparisons with other museums and galleries of a similar size. Further detailed costs will be developed as the programme proceeds.

[Lord Howard of Rising (Con)]

If those costs have been estimated in line with other museums, do they include the extra costs that will be needed for potential demonstrations at that particular memorial, especially as it is so close to Parliament?

[Lord Khan of Burnley (Lab)]

Yes; all the costs associated with the operation of the memorial learning centre reflect the estimation I have just detailed, but further details of costs will be developed.

On the point from the noble Lord, Lord Lisvane, on the Explanatory Notes and re-erection, the purpose is to avoid having to come back to Parliament to change legislation in the event of damage and related issues. We have regular discussions with the Palace of Westminster on the issue of other works, including the restoration of Victoria Tower. These will continue to take place and we expect to manage logistics, deliveries, and so on, through sensible planning. The estimated cost of the UK Holocaust memorial and learning centre has been produced in line with the Treasury Green Book guidance. Taking all that into account, the last accounting officer assessment from June 2023 concludes that the project represents value for money. The ordinary mechanisms by which Parliament allocates public funding and holds Ministers to account can apply to this programme, just as with any other programme.

The further Amendment 27, proposed by the noble Lord, Lord Blencathra, would introduce an additional step in the process of seeking planning consent for the proposed Holocaust memorial and learning centre. While the noble Lord is to be commended for his focus on cost control and value for money, the additional step he proposes is not necessary and would simply add still further delay to the decision-making process. Costs are regularly reviewed, and updated figures will be published in due course, in line with the Government’s major projects portfolio reporting process.

A range of options are being considered for operating the memorial and learning centre. As a significant public investment, responsibility for managing the centre will need to rest with a body that is ultimately accountable to Parliament. The Government will continue to be transparent about the costs and future arrangements for the Holocaust memorial and learning centre. This should, however, not delay the separate planning determination process.

The Holocaust memorial and learning centre will be a source of pride and an inspiration to the whole of society across boundaries of religion, class, geography or political party. I have only to quote the words of 94 year-old Holocaust survivor Mala Tribich, MBE, to underline why this is so vital:

“As the Holocaust moves further into history and we survivors become less able to share our testimonies this Memorial and Learning Centre will be a lasting legacy so that future generations will understand why it is important for people to remember the Holocaust, to learn from the past and stand up against injustice”.


I just want to echo—

[Lord Pickles (Con)]

My Lords—

[Lord Khan of Burnley (Lab)]

I was going to echo the noble Lord’s points.

[Lord Pickles (Con)]

I am sorry; I agree very much with the tenor of what the Minister is saying. He may recall that earlier I asked him to address a specific question. During his briefing, has he seen anything to suggest that the memorial centre will be about white- washing our history and praising the British Empire, and not about telling the whole truth, warts and all?

[Lord Khan of Burnley (Lab)]

My Lords, I was literally going to come on to that particular point. There will be nothing at all like that. If I can further add to the comments of the noble Lord, Lord Pickles, the memorial and learning centre will draw on the history of the Holocaust, and particularly the decisions made by the British Parliament, to stress the importance of tackling intolerance and hatred at all levels in our society. It will deliver this message for all the people across the UK and the rest of the world, regardless of faith and background.

I just want to remind noble Lords what we are debating. The Holocaust Memorial Bill includes measures essential for the Government to deliver the long- standing commitment to build the planned Holocaust memorial and learning centre. The Bill authorises expenditure on the construction, maintenance, operation and improvement of the Holocaust memorial and learning centre. Finally, the Bill also disapplies the relevant sections of the London County Council (Improvements) Act 1900, ensuring that this legislation does not block the building of a memorial in Victoria Tower Gardens.

I hope that I have been able to provide further clarity and assurance as to the purpose of this Bill to enable the noble Lord, Lord Blencathra, to withdraw his amendment. I also hope that my explanation of Clause 1 will enable noble Lords, including the noble Viscount, Lord Eccles, to agree that Clause 1 stand part of the Bill.

[Lord King of Bridgwater (Con)]

Can I ask the Minister something before he sits down? Does he have evidence that there are companies that are willing to quote for carrying out this construction? What is the situation over there?

[Lord Khan of Burnley (Lab)]

My Lords, the simple answer is that we will seek tenders for the main construction contracts once planning consent is secured but, to use the noble Lord’s words, we need to get on with it.

[Lord Blencathra (Con)]

My Lords, I do not think I can recall this Committee Room being so packed out with colleagues, on all sides, for such an important and controversial debate. As the Minister would say, some passionate speeches are being made here today; I am grateful to all colleagues who have taken part.

I was particularly struck by the comments from the noble Lord, Lord Lisvane, who gave a powerful criticism of the Explanatory Notes. It is not just this Bill where I have found that the Explanatory Notes did not explain much; as a former chair of the Delegated Powers Committee, I found that in almost every Bill we got. The noble Lord is right to make the points that there could be substantial changes to Parliament’s visitors centre and that that has not been taken into account here.

The noble Lord, Lord Carlile, rightly praised the dedication of my noble friends Lord Pickles and Lord Finkelstein to a memorial. My noble friend Lord Pickles has for many years championed this cause; just because I think that it may be the wrong place and the wrong memorial does not take away from the fact that he has been an absolute hero. However, my noble friend said that this memorial would improve the park, but that is not what Adjaye, the architect, said. When people said that these fins are despicably ugly, he said:

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


on the memorial. I thought that key to the thinking was finding a memorial that commemorated the 6 million exterminated Jews, not putting something ugly in the park. Of course, the Government never mention Adjaye now. In the press release announcing that his bid had been accepted, he was named 12 times as the greatest architect in history. Now, he is wiped out from the memory, and the name is given to the rest of his firm but not to Adjaye.

Moving on, the noble Lord, Lord Carlile, was so right to point out that people will come to a memorial if it is good enough, not because of where it is sited. That is a key point.

I am grateful to my noble friend Lord Sterling. His description of his family circumstances and the Holocaust match, if in a different way, the circumstances of my noble friend Lord Finkelstein. The noble Lord, Lord King is right: let us have a decent learning centre and a fitting memorial.

My noble friend Lord Inglewood said that building in inflation, which is going through the roof at the moment, will be absolutely essential. That tied into the point made by the noble Lord, Lord Griffiths, about the fact that we must have a cost ceiling. It may not be £138 million—indeed, it may be something else—but, unless there is a cost ceiling, the costs will go through the roof.

I am grateful to the noble Baroness, Lady Walmsley, for her comments and her personal statement. I appreciate that she was not speaking as a party spokesperson.

My noble friend Lord Inglewood said that he was not an accountant, but at least what he said added up and made sense to me in any case.

The shadow Minister, my noble friend Lady Scott of Needham Market, said that no one wants to break a solemn promise. I suspect that there is no one anywhere in this Room who wants to break the promise to build a memorial, but what we all want is a proper memorial and a big, proper learning centre, as the Holocaust Commission recommended.

I come to the Minister. I have always liked him, ever since he was a Whip. I used to be a Whip in the Conservative Party. Us Whips have to stick together, in a sort of camaraderie; someone should explain that to Simon Hart. I welcome the Minister to his position—he is a thoroughly decent man and a caring, nice Minister—but he has been under some pressure today and that is not his fault. We have the National Audit Office’s report, which is devastating against his department. We have the Infrastructure and Projects Authority’s report, which is also highly critical. That same department has had to give the Minister a brief. He has had to defend the indefensible today, but I give him credit for trying.

I want to conclude by asking the Minister something. Before Report, when I suspect that noble Lords—perhaps better noble Lords than I—will wish to put down a new amendment on costs, will the Minister produce a full, updated cost for the project? Will he give detailed answers before Report, as well as full answers to the NAO’s criticisms? I should say to him that I do not think the NAO criticised this project because we have not got the Bill through yet. It said that this project was undeliverable based not on that but on the fact that there was no schedule, no budget and no quality control. For a whole range of reasons, it found it grossly inadequate.

I think the Minister said that my ceiling of a 15% contingency was an arbitrary figure. Well, the Government have suddenly bunged in an extra £50 million with no justification, and I suggest that that is also an arbitrary figure.

I am grateful to everyone who has spoken. Obviously, I will not push it today, but we will need to get some detailed answers on the costing and control of this project before Report, or I suspect that we will have to come back to this then. In the meantime, I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Deech (CB)]

I will just elucidate for the noble Baroness that 50 sites were not looked at. The foundation just plumped for Victoria Tower Gardens. The thing about haste is that we are not building for the handful of survivors who are left. They do not need a memorial. If we build, we are building for the future. There is not a hurry. Survivors have said to me that they would rather it was got right; that is more important than hurrying. Even if everything went smoothly now, which I hope that it will not, there is no chance of getting it up in the lifetime of people who are in their late 90s. You have to get it right for the future, not for the handful who are left.

[Lord Khan of Burnley (Lab)]

My Lords, I thank my noble friend Lady Blackstone and the noble Lord, Lord Blencathra, for tabling these amendments. This group concerns the need for a learning centre, what its focus should be and how it should be funded. I believe there is a great deal of common ground on these matters. The need for a learning centre was set out clearly in the 2015 report, Britain’s Promise to Remember, published by the Prime Minister’s Holocaust Commission and accepted by all major political parties.

The commission proposed

“that the National Memorial should be co-located with a world-class Learning Centre. This would be a must-see destination using the latest technology to engage and inspire vast numbers of visitors”.

That remains the Government’s intention. We want to put in place a learning centre that will set the memorial in context and will be a moving and inspiring experience for visitors. Work towards this aim has begun. We are confident that our proposed scheme provides the space needed for an enthralling exhibition; I will come on to the issue of its size later. It is certain that the experience of entering the underground exhibition space through the bronze fins of the memorial will be a powerful introduction for all visitors.

Our proposal for a learning centre integrated with the Holocaust memorial is a tangible demonstration of the importance that we attach to education, which has been at the heart of this programme from the outset. The creation of the memorial and learning centre will be a further development of the significant efforts already taking place to deepen understanding of the Holocaust. Already, the Holocaust is the only historic event that is compulsory in the national curriculum for history at key stage 3, for pupils aged 11 to 14. The Prime Minister has made a strong personal commitment that this Government will seek to give every young person the opportunity to hear a recorded survivor testimony. The Government fund the Holocaust Educational Trust’s “Lessons from Auschwitz” programme and Holocaust Memorial Day. It is right that we should also build this Holocaust memorial with a co-located learning centre as a focal point for national commemoration to demonstrate our commitment to ensuring that the lessons of the Holocaust are never forgotten.

Taken together, my noble friend Lady Blackstone’s amendments—this amendment, Amendment 2, and Amendments 3, 4, 6 and 13—would mean that no learning centre could be constructed at the Victoria Tower Gardens; and, indeed, that the Government could not allocate any funding to the construction and operation of any learning centre in any location. The Holocaust Commission recommended that a new world-class learning centre should physically accompany the new national memorial. The learning centre will provide an opportunity to learn about the Holocaust close to the memorial and will therefore provide necessary context to the memorial. It is essential that the learning centre should be co-located with the memorial.

Having chosen Victoria Tower Gardens as the site uniquely capable of meeting the commission’s vision, the architectural design competition for the memorial tested the feasibility of a below-ground learning centre. The judges panel chose the winning design for a Holocaust memorial with a co-located learning centre because of its sensitivity to the gardens. The potential impact of our proposed learning centre was captured effectively by Professor Stuart Foster, the executive director of Holocaust education at UCL, who told the planning inquiry of his belief that

“the proposed Holocaust Memorial and Learning Centre will make a profound and positive impact on teaching and learning about the Holocaust in this country and, potentially, beyond”.

I ask my noble friend Lady Blackstone to withdraw Amendment 2 and not move Amendments 3, 4, 6 and 13.

Amendment 23 in the name of the right reverend Prelate the Bishop of St Albans, to which the noble Lord, Lord Blencathra, spoke, would similarly interfere with our objectives of establishing a world-class learning centre and strengthening Holocaust education. Taking £50 million away from the construction budget will mean no learning centre and no programme of education. The right approach is to create a powerful Holocaust memorial and learning centre that can then be a foundation for enhanced educational efforts, drawing together the wide range of impressive organisations already working in the field. I ask the noble Lord, Lord Blencathra, on behalf of the right reverend Prelate the Bishop of St Albans, not to move Amendment 23.

Amendments 29 and 30 in the name of the noble Lord, Lord Blencathra, call for new site searches for a Holocaust memorial and learning centre. Adopting these amendments would take us all the way back to 2015. An independent, cross-party foundation appointed by the then Prime Minister, following cross-party commitment to the recommendations of the Holocaust Commission, led an extensive search for the right site. The foundation included experienced and eminent property developers. A firm of professional property consultants was commissioned to provide assistance. Around 50 sites were identified and considered, as the noble Baroness, Lady Scott of Bybrook, mentioned. The outcome is, of course, well known: Victoria Tower Gardens was identified as the most suitable site. The foundation was unanimous in recommending the site, which will give the memorial the prominence that it deserves and will uniquely allow the story of the Holocaust to be told alongside the Houses of Parliament. There is nothing to be gained by further site searches but there is, of course, a great deal to be lost. This Government and their predecessors believe that Victoria Tower Gardens is the right site for the memorial and learning centre.

[Lord Blencathra (Con)]

Can the Minister confirm that the Government looked at 50 sites before deciding on Victoria Tower Gardens? Is it not the case that Victoria Tower Gardens was selected first and a search then went on to look for unsuitable sites?

[Lord Khan of Burnley (Lab)]

My Lords, I strongly reject that assertion. That was not the case. It was a competition; 50 sites were considered and after all those considerations, it was decided.

I must make progress. I will answer the points that have been raised in the debate. There is a lot to get through as this is a big group, but turning the clock back 10 years to conduct further searches in the belief that some greater consensus will be found is simply not realistic. Moreover, one implication of these amendments is that the learning centre might be located separately from the memorial. The clear recommendation of the Prime Minister’s Holocaust Commission in its 2015 report was that

“the National Memorial should be co-located with a world-class learning centre”.

That recommendation was accepted by the then Prime Minister, with cross-party support.

The reasons why co-location matters are clear. We want the Holocaust to be understood. We cannot assume that visitors, however powerfully they may be affected by the memorial, will have even a basic understanding of the facts of the Holocaust. We cannot assume that they will recognise the relevance of the Holocaust to us, here in Great Britain, now and in the years to come. A co-located learning centre provides the opportunity to give facts, setting the memorial in context and prompting visitors to reflect.

I have no doubt that visitors will be motivated to learn more, as I was when I visited the Washington memorial. For many, the learning centre will be a starting point. I am confident that many visitors will want to explore the subject further at the Imperial War Museum in Lambeth, at the Holocaust Centre and Museum in Nottinghamshire, at Holocaust Centre North in Huddersfield and at many other excellent institutions in the UK and abroad. If the memorial were not accompanied by a learning centre, how many opportunities would be missed? Is it realistic to expect that thousands of visitors would see the memorial and decide then to make a journey of some miles across London to search out further information? Perhaps some would; I am certain that a great many would not.

Turning to the point raised by the noble Lord, Lord Robathan, and the noble Baroness, Lady Fleet, making a comparison with the Imperial War Museum Holocaust galleries and the size of this learning centre, the learning centre will have around 1,300 square metres of exhibition space, which is about the same as the Imperial War Museum Holocaust galleries. I want to address the points raised by the noble Lord, Lord Hodgson. To be clear, the great majority of visitors will come via public transport, not by coach. Our plans for vehicle access are included within a construction logistics plan which we previously shared with Westminster City Council and which we expect will need to be agreed with it as a planning condition. Visitors will have access to the gardens using the existing entrances, with the site entrance permanently manned with security and construction banksmen.

The noble Baroness, Lady Deech, said that her offer to meet supporters has been ignored. I must politely disagree. Officials and I have met with her and I will continue to meet her whenever she wants, my diary permitting. I am always happy to meet any noble Lord who strongly wants to raise anything. I can see the passion today. The noble Lord, Lord Carlile, referred to the great expertise of the noble Baroness, Lady Fleet, and my noble friend Lady Blackstone. I am happy to meet at any time in relation to expertise.

[Baroness Deech (CB)]

I have to say to the Minister that I have met him and his predecessors but not once have they entertained any compromise. They listen, sometimes they shout, and that is the end of it. There has never been an offer to compromise or change anything, no matter what we have written or what plans we have shown.

[Lord Khan of Burnley (Lab)]

My Lords, I have to politely disagree, with the greatest respect for the noble Baroness. I have always listened. We have to understand that I have two main goals with the Bill. The first, in Clause 1, is to allow the Secretary of State to have expenditure to build the project. Secondly, my job in bringing the Bill forward and promoting it is to look at the London County Council (Improvements) Act 1900 to disapply the condition for this project to be built. Noble Lords are passionate and the strength of feeling is clear, but there is a planning process. Planning permission is still to be granted, and noble Lords will have plenty of opportunity to raise these important and pertinent points on the planning side.

[Baroness Deech (CB)]

Will the Minister therefore guarantee that a new full planning permission application will go back to Westminster City Council and through all the layers of planning that are normally required, and that it will not be cut short?

[Lord Khan of Burnley (Lab)]

My Lords, I cannot give that guarantee. I want to be clear because noble Lords must understand this: that is in the hands of the designated Minister. It is the role of the designated Minister to see how he takes that forward.

I repeat that the proposals put forward include more than 300 square metres of exhibition space, comparable to the International War Museum’s Holocaust galleries and capable of accommodating a world-class exhibition. I ask the noble Lord not to press Amendments 29 and 30.

Amendment 31 is in the name of the noble Lord, Lord Blencathra, who I thank for his kind words earlier, which I thought were most respectful. The amendment calls for a review of the feasibility of including the Holocaust learning centre within a Jewish museum. I want to affirm straight away that the learning centre must and will set the Holocaust in the context of Jewish history. It is simply impossible to provide an accurate account of the Holocaust without addressing the long history of anti-Semitism. For a British Holocaust memorial, that will include addressing the history of British anti-Semitism, working with an experienced curator with the advice of eminent and respected academics. That is what our learning centre will do. I know that several noble Lords may have had the opportunity to see a short presentation from Martin Winstone.

[Lord Carlile of Berriew (CB)]

I am troubled by the Minister repeatedly using the term “world-class”. Could he give us some comparators that enable him to say that what is offered in this centre is world-class? In what respect is it in the same class as the POLIN centre in Warsaw or Yad Vashem? Those centres set the standard for world-class. How can he make that claim for a small centre that will have only computerised images?

[Lord Khan of Burnley (Lab)]

I will affirm the point. The noble Lord talked about Yad Vashem. The content for the learning centre is being developed by a leading international curator, Yehudit Shendar, formerly of Yad Vashem. The ambition and vision is to have a quality curator with a strong academic advisory board.

[Baroness Deech (CB)]

I am sorry to keep interrupting, but Sir Richard Evans, who is our greatest historian of Germany, and who has been outstanding in combating Holocaust denial, said at the public inquiry that the learning centre will be a national and international embarrassment.

[Lord Khan of Burnley (Lab)]

My Lords, the Committee can understand that I do not agree with that point. That is a matter of opinion for Sir Richard Evans. Everyone is entitled to their opinion, as we have seen in the passionate debate today.

I was making the point that several noble Lords may have had the opportunity to see a short presentation from Martin Winstone, the historical adviser to the programme, in which he provides a small insight to the work under way. For those noble Lords who have not seen it, we can arrange for Martin Winstone to come in and give them that presentation. I had a drop-in session yesterday; unfortunately it was just me and officials, but I enjoyed it.

The overall focus of the learning centre must of course remain clearly on the Holocaust, and it must be wholly integrated with the national memorial to the 6 million Jews murdered in the Holocaust. We want to be sure that visitors are left in no doubt about the nature of the Holocaust. Having seen the memorial, they should clearly understand what it represents. For those reasons, it simply does not make sense to envisage a learning centre located elsewhere and carrying a much broader set of messages.

The history of the Jewish people is rich and deep. Jewish communities have a long history in Britain that needs to be understood, including of course the history of anti-Semitism, extending for many centuries. Telling such a story requires expertise, creativity and space. The Jewish Museum London told this story well, making excellent use of the tens of thousands of artefacts in its collection. I wish the museum well in its search for a new home. I believe also that there will be important opportunities in future for joint work between the learning centre and the Jewish Museum. We aim to work in partnership with institutions across the UK and overseas as we develop education programmes, and as we encourage greater awareness of the Holocaust and its deep roots. But I am sure that we should recognise the differences between the purpose of a Jewish museum in London and the aims of a learning centre located with a Holocaust museum. Each has a distinct and hugely important aim. Placing the Holocaust learning centre wholly within the Jewish Museum could easily mean a loss of focus and would certainly require breaking the essential link between the learning centre and the memorial.

[Viscount Eccles (Con)]

Who is the “we” who will work with these other institutions? Because, as noble Lords will know, as we come on to the next group, if we do, there is no management. Therefore, I do not understand who is going to work with these other institutions.

[Lord Khan of Burnley (Lab)]

My Lords, I mean “we” as in the Government. Can I continue my final point? The noble Baroness, Lady Scott, made the very important point about rising anti-Semitism. Let me be clear. Anti-Semitism is completely abhorrent and has no place in our society, which is why we are taking a strong lead in tackling it in all its forms. The Government are particularly concerned about the sharp rise in anti-Semitism and will not tolerate this. We have allocated £54 million for the Community Security Trust to continue its vital work until 2028, providing security to schools, synagogues and other Jewish community buildings. We have been actively exploring a more integrated and cohesive approach to tackling all forms of racial and religious hatred. We continue to work closely with the noble Lord, Lord Pickles, in his important work of IHRA. Also, the noble Lord, Lord Mann, continues his work as an anti-Semitism adviser to the Government. On that note, I respectfully ask my noble friend Lady Blackstone to withdraw her amendment and not move her other amendments in this group.

[Baroness Blackstone (Lab)]

My Lords, I listened very carefully to what the Minister said in reply to this group of amendments and I have to admit that I am deeply disappointed. I did not hear any spirit of compromise whatever in what he said, and no attempt to reach out on the many points that were made by Members of the Committee.

[Lord Khan of Burnley (Lab)]

I am so sorry to stop my noble friend in her tracks but I said very clearly that I am happy to sit down with anybody, post-Committee, to look at any particular issues. I reminded her that I sat down with noble Lord, Lord Carlile, and the noble Baroness, Lady Deech, and had a drop-in session available for noble Lords to visit and see the presentation. My only focus, if we look at the Bill, are these two clauses, which I am trying to promote and make sure we can work through. However, I understand there are a lot of issues and concerns, which I think are for a planning stage of the Bill.

[Baroness Blackstone (Lab)]

I am grateful for the Minister’s offer to sit down with various Members of the Committee, but that is not compromising today, which is what I was asking for and expecting. I tried to set out as clearly as I could why what is being proposed for this learning centre is inadequate. There is not enough space for it; the proposals for a computerised exhibition are deeply disappointing; and what I hoped the Minister might say is that he would take this away, have a look at it and discuss it with his officials and others who have expertise in the provision of learning centres on this subject. There was none of that.

I can only say that I am disappointed, as other Members of the Committee will be. The Minister said at the beginning that he attached importance to education as far as this project is concerned, and I am grateful for that. But it is not about attaching importance just to education but to high-quality education that we can be proud of and that many people will want to experience. I do not believe that that is what is being proposed here, so I ask again that before we reach the next stage of the Bill, he will come back with something more positive about how to improve it.

My last point is that I was really surprised that my noble friend would be so dismissive about Sir Richard Evans’s comments. He happens to have been the vice-master of Birkbeck throughout my time there, so we were very close colleagues. He is the most eminent historian in this country of German history of this period. I do not want to sound patronising, but the Minister should not be so dismissive of somebody of that kind of commitment and expertise. I hope he will look again at that.

[Lord Khan of Burnley (Lab)]

Just before my noble friend concludes and, I hope, withdraws her amendment, clearly, a lot of these matters are for planning. The Committee will understand that I might not be able to satisfy the very detailed and passionate contributions made by many noble Lords, including the noble Lord, Lord Carlile. I did not address his point about security because we will have a whole group on security arrangements. I was not ignoring it but wanted to make sure that I brought up that point.

On the point about Richard Evans, as we see today, everyone has a different view. I respect everyone’s opinion but we see in this debate that everyone has a different perspective. As I understand it, we are all well intentioned and want to make sure that we put our case across.

[Baroness Blackstone (Lab)]

I thank the Minister. I am delighted to hear that there is to be a proper planning process. He would not give a final commitment to that happening and said it was another Minister’s responsibility. I believe that that Minister said earlier, as a shadow Minister before the election, that there should be a proper planning procedure. Meanwhile, I will withdraw my amendment, but I indicate to the Minister that I will want to come back at the next stage to discuss having a better place for a learning centre than is currently proposed.

Holocaust Memorial Bill

Lord Khan of Burnley Excerpts

Committee stage
Tuesday 11th March 2025 Grand Committee

[Baroness Scott of Bybrook (Con)]

I will make that ask of the Minister in our debate on a subsequent group; if he does not answer now, I will repeat it.

[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. I thank the noble Viscount, Lord Eccles, the right reverend Prelate the Bishop of St Albans and the noble Lord, Lord Blencathra, for their Amendments 5, 22 and 23. With this group of amendments, we are in essence considering the future of Victoria Tower Gardens as a place where all members of the public can enjoy free access to a green space in the very heart of Westminster.

From the beginning of the design process, the importance of maintaining access to Victoria Tower Gardens has been a high priority. The design that we are taking forward was selected from a long list of exciting and high-quality proposals partly because it showed a great deal of respect for the gardens, positioning the memorial at the southern end and leaving the great majority of open space to the public; I will not get into the debate on the size of the project because that will be discussed in our debate on the third group. Our proposals also include a high level of investment in the gardens themselves: we will improve the quality of the paths, the planting and the grass lawn; and we will provide new boardwalks, enabling better views of the Thames, with paths and seating made more easily accessible for all.

Amendment 22 in the name of the right reverend Prelate the Bishop of St Albans would impose a statutory limit on the number of closures of Victoria Tower Gardens for commemoration events related to the Holocaust. As I have said—I will say it again now—it has always been our intention that Victoria Tower Gardens should remain open to the public, with only a small area taken for the Holocaust memorial and learning centre when it is built. We are well aware of the value placed on the green open space by local residents, nearby office workers and visitors to Parliament, not to mention parliamentarians themselves; that is why the Bill ensures that the requirement to maintain Victoria Tower Gardens as a garden open to the public will remain.

Assurances were given to the Lords Select Committee on various points, including commitments relating to the management of Victoria Tower Gardens; these were mentioned by the right reverend Prelate. Ministers will continue to be held accountable for those public assurances by Parliament in the normal way.

Closures were discussed in some depth by the Lords Select Committee. The result was that the committee’s special report directed a recommendation to the Royal Parks—which manages the gardens on behalf of the Department for Digital, Culture, Media and Sport—to consider this matter going forward. A number of noble Lords, in particular the right reverend Prelate the Bishop of St Albans and the noble Baroness, Lady Deech, mentioned the closure of Victoria Tower Gardens for the Yom HaShoah event on Sunday 5 May. This was requested by the then Culture Secretary because the gardens’ location made them more accessible for frail Holocaust survivors than the usual venue in Hyde Park. Contrary to claims by petitioners at the hearing on 20 November, our understanding is that the partial closure was for one day only, with the playground remaining open until midday—not the three days that have been mentioned. No decisions have been taken on future closures of the entirety of Victoria Tower Gardens to facilitate Holocaust-related commemoration events once the Holocaust memorial and learning centre is built.

[Baroness Deech (CB)]

My Lords, why, then, is a commemoration event—I nearly said a closure; it will no doubt involve closure—being advertised right now, for April? People are being invited to buy tickets for it.

[Lord Khan of Burnley (Lab)]

I am not aware of that event, but I am happy to have a conversation with the noble Baroness on this issue. I remind noble Lords that it was because of the frailty of Holocaust survivors that it was deemed appropriate for them to attend here, at Victoria Tower Gardens next to Parliament, rather than Hyde Park.

Given that the Holocaust memorial and learning centre is intended to be the national focal point of Holocaust remembrance, it is expected that it will host annual events to mark Holocaust Memorial Day and Yom HaShoah. The Government would expect the Holocaust memorial and learning centre operating body to work closely with the body responsible for the wider arrangements of the Victoria Tower Gardens to agree arrangements for any other proposed or required closures associated with the Holocaust memorial and learning centre.

The noble Baroness, Lady Deech, asked the important question of who will be responsible for the project: who will be charge? It is quite straightforward: it will be the Secretary of State, the Deputy Prime Minister. It is clear in Clause 1. One of the big reasons we have put the Holocaust memorial in a Bill is for Clause 1 to give permission for the Secretary of State to spend on the project.

[Lord Hodgson of Astley Abbotts (Con)]

On that question, given the number of bodies on the sheet of the National Audit Office, will the Minister write to Members of the Committee to say, “These are the people involved in each of those bodies, and this is what they cost”? As my noble friend Lord Eccles said, there is a huge range of people and possibilities for cost. I do not expect the answer now, but it would be helpful for our future deliberations if we knew what the current structure costs and, therefore, the urgency to move to my noble friend’s proposed change.

[Lord Khan of Burnley (Lab)]

The noble Lord, Lord Hodgson, makes an excellent point. In response to his request, I am absolutely happy to provide all the details on the structure and the associated issues that he raised. We will write not just to him but to the wider Committee.

[Lord Blencathra (Con)]

I think the Minister said that the Secretary of State will be in charge. Do I take it, therefore, that the delivery body will be the Secretary of State and the department? The Secretary of State will draw up the design for the architects, after the planning permission, and she and her officers will let the contract and put in its terms and conditions, the cost overruns and all that sort of thing, so that by the time the NDPB is set up to run it, the Minister’s department will be managing the delivery of this contract. Is that right?

[Lord Khan of Burnley (Lab)]

The Secretary of State is responsible for the delivery of the project.

[Lord Blencathra (Con)]

That is reassuring.

[Lord Khan of Burnley (Lab)]

I want to move on because there are a lot of points to come on to that I am pretty confident noble Lords will ask about, but I assure them that I will come back to the points raised.

In our response to the Select Committee’s report, we have said that we will seek to work with the Royal Parks in taking forward the recommendation. That said, I believe it would be completely wrong to set a formal limit on Holocaust-related events and not on other types of event. The Bill should not pre-empt the discussions we will have with the Royal Parks at the appropriate time by setting an arbitrary statutory limit on closures. We will work proactively with the Royal Parks to find a suitable solution that properly respects the rights and interests of all parties.

Amendment 33, proposed by the noble Lord, Lord Blencathra, seeks to set out the future management responsibilities for different parts of Victoria Tower Gardens.

--- Later in debate ---

[Lord Khan of Burnley (Lab)]

My Lords, although these matters are important and need careful attention, the Bill is not the place to deal with them and it would be premature to attempt to do so. Decisions on the precise form and function of the operating body for the Holocaust memorial and learning centre have yet to be taken. However, I can assure the Committee that we have no plans for the operating body to take on responsibility for the management and maintenance of Victoria Tower Gardens beyond that part of the gardens occupied by the memorial and learning centre. We were pleased to give an assurance to this effect to the Lords Select Committee when it scrutinised the Bill.

Victoria Tower Gardens is Crown land for which the Secretary of State for Culture, Media and Sport is responsible. The Royal Parks charity manages the gardens on behalf of DCMS under its overall contract to maintain London’s Royal Parks and other plots of land, including Victoria Tower Gardens, which do not have royal park status. We fully recognise the importance of close co-operation between the body responsible for operating the Holocaust memorial and learning centre and the body responsible for managing Victoria Tower Gardens.

The Ministry of Housing, Communities and Local Government and the Department for Culture, Media and Sport will seek to ensure, through sponsorship and contracting arrangements, that the two bodies co-operate within a framework which enables each to pursue their distinct objectives. I am sure that both bodies will recognise the importance of consulting local residents—a point mentioned by the noble Baroness, Lady Scott—as well as amenity groups in advance on any changes that will affect their access to the gardens.

On the question from the noble Lord, Lord King, about the cost, the figure of £138.8 million was published in 2023 and is based on the advice of professional cost consultants. At no point will we seek tenders for construction until we have planning consent.

--- Later in debate ---

[Lord Blencathra (Con)]

I am sorry to interrupt the Minister, but the infrastructure authority did not say that the only reason this project is undeliverable is that we did not have a Bill. It listed a whole host of reasons why it was undeliverable: no plan, no proper costing and no one really in charge. I do not want to go on at length about it, but I can certainly look out the exact quote for the Minister.

[Lord Khan of Burnley (Lab)]

My Lords, finally, I turn to Amendment 5 from the noble Viscount, Lord Eccles, which would require the Holocaust memorial and learning centre to be managed by a non-departmental public body. The Prime Minister’s Holocaust Commission report included a specific recommendation for the

“creation of a permanent independent body”

with responsibility for implementing the commission’s

“recommendations to commemorate the Holocaust and ensure a world-leading educational initiative”

in the long term.

The noble Viscount talked about the learning centre. We envisage an ambitious programme of educational activities. Some will be delivered on site and many will be delivered by working in partnership with other organisations, such as the Holocaust Educational Trust. The commission’s vision, which the Government accepted, was that such a body would guide, sponsor and facilitate ongoing commemoration and educational initiatives to ensure that the memory of the Holocaust and its lessons remain vibrant and current for all future generations.

A range of options are being considered for operating the memorial and learning centre. As a significant public investment, responsibility for managing the centre will need to rest with a body ultimately accountable to Parliament. The cost of running the memorial and learning centre will be met through a mixture of fundraising and grant funding, as with many other government-sponsored organisations.

As no decisions have yet been taken by the Government on the right model for operating the Holocaust memorial and learning centre, it would not be right to tie our hands by including a statutory requirement that it be a non-departmental public body. Indeed, it would be premature to do so, given that we do not yet have planning permission for the centre to be built.

The noble Baroness, Lady Deech, asked about future planning permission. It is for the designated Planning Minister to decide what he will do and what approach to take to planning.

Finally, the noble Lord, Lord Pickles, raised numerous examples of the creation of Holocaust memorials and museums across the world. I want to talk about the one in the United States, which I visited in 2018. The proposal to create a Holocaust memorial museum in Washington was announced in 1979, yet the memorial did not open until 1993. It was announced by the Administration of President Carter and opened by President Clinton. The site chosen, next to the National Mall in Washington, DC, generated considerable opposition, including on the grounds that it would lead to anti-Semitism because Jews would be seen as having privileged status, that injustices in American history were more deserving of memorials, that it would be used to whitewash America’s responses to the Holocaust or not do enough to celebrate its responses, or that the Holocaust was not relevant to American history.

All these reasons for opposition were given; another was that it was the right idea but in the wrong place. By 1987, the final architectural design was agreed but criticism and demands for changes to the design continued. The United States Holocaust Memorial Museum was opened by President Clinton in 1993.

I understand that there is opposition and that there has been delay, but time is of the essence. I want to echo the point made by the noble Baroness, Lady Scott. We want to ensure that Holocaust survivors are, we hope, present and alive to witness this being built and completed. I hope my explanations will enable noble Lords to understand why I am unable to accept their amendments. I request that the noble Viscount withdraws his amendment.

[Lord Blencathra (Con)]

May I just make sure that the record reflects accurately what the Infrastructure and Projects Authority actually said? On 16 January this year, it 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 project may need re-scoping and/or its overall viability reassessed”.


Never once did it mention that it was undeliverable because we had not got a Bill yet and I would like the record to reflect that accurately. I am afraid that the Minister may have been fed a line.

[Lord Khan of Burnley (Lab)]

Before we round up the debate, these generic arguments are not relevant to the Bill. Let me remind the Committee, in the kindest way, that the Bill has two main functions. One is in Clause 1, which allows the Secretary of State to spend on the project; the other is in Clause 2, to disapply the 1900 London Act for the project to be built. I appreciate the noble Lord’s reflections but we are speaking to amendments here. However, there is an opportunity for discussion during the planning process.

[Viscount Eccles (Con)]

My Lords, that was a very interesting but not particularly easy debate to sum up and comment on. If I may, I will stay rather tightly focused on the management of the project and I need to ask the Minister some questions. I think he is saying that there will be a public body to manage the project, but now is not the time to set it up. I disagree with that, of course, because it seems that there is a whole raft of things on which it would be better to give the new management body the time to work it out and to do some important things.

The Minister has also said that if anything needs to be done and it is not at all clear who is to do it, the Secretary of State would be responsible for doing it. My experience, which is considerable, is that that is completely impractical. It amounts to a non-answer, because the Secretary of State is so far away from the front line of the battle that it is just impractical to maintain that she can sort it out. I insist that it would be better, and much more workmanlike, to have a body properly authorised by Parliament, accountable and up for being asked all the detailed questions.

Let me give a few examples. When the construction starts, is the Minister saying that only 7.5% of the park will be involved? It would be very interesting to have, in the middle of the letting of a contract for the basement box, an answer to the question about what percentage of the park will be involved and what rules will be needed.

As my noble friend Lord Blencathra says, at the moment there does not seem to be a decision-making process that can deal with, for example, the relationship between the project and its promoter and the park. If we had a non-departmental public body, what its chairman would say, if he took my advice, is that we need the best possible relationship we can foster with the park. We need an agreement. We need a pretty detailed memorandum of understanding. We cannot work without having some rules, whereby we know what you are doing and what I am doing, because we are being made jointly responsible for the future of this great park.

When it comes to improvements, on what authority is the Minister saying that his department will be responsible for improvements? Has he got an agreement with the DCMS, which is responsible for the park, or are we going to have a parliamentary turf war about it?

Quite honestly, all the comments that have been made relate to the need for clarity and certainty, and the need for us to be able to see who is in charge, who is accountable and, if something happens, to whom we go with a prospect of getting an enforceable answer. We have not been comforted—and I have not been comforted in the least.

I am grateful to everyone who has spoken. Given the time and the importance that I attach to the need to have a clear management structure, I will leave it there, but we will come back to this matter on Report. I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

My Lords, I thank my noble friend for explaining so well the reasoning behind why we should wait for the planning system. I was going to say something very similar, but now I do not need to because of the timing. However, it would be helpful if the Minister could take the opportunity to give this Committee more detail about the process and the legalities, and about the reasons why we are doing what we are in this Bill, and where it should not then have anything to do with the planning system. That is an important thing to do and I ask that we have it in writing, to clarify this well in time for Report.

I was going to say something about all the other amendments in this group, but I feel that they would be much better discussed within the planning system and not within this Bill.

I will mention something about tea rooms. Interestingly, when I came in today, I was very much in support of not having them, but, having listened to the evidence and thought about it, it is actually not a bad thing to have that in a park that is used by all sorts of people for all sorts of different reasons. I certainly will not be supporting that proposal any longer. As far as I am concerned, all the other amendments should be dealt with in the planning system, so it is not worth my taking up any more of the Committee’s time.

[Lord Khan of Burnley (Lab)]

My Lords, I thank the noble Lords, Lord Strathcarron and Lord Blencathra, the noble Baronesses, Lady Walmsley and Lady Finlay, and the right reverend Prelate the Bishop of St Albans for bringing these amendments. This group covers a set of topics relating to the potential impact of the proposed development. As we consider these topics, it is necessary to keep in mind the relationship between this Bill and the process for seeking planning consent.

The Bill does not include provisions to grant planning consent. I am quite sure that noble Lords would have criticised the Government forcefully if we had tried to bypass the normal route for seeking planning consent by including any such provisions in our Bill, a point alluded to by the noble Lord, Lord Pickles. The planning process, put in place by Parliament and regulated through the courts, is the proper process for considering a development such as the national Holocaust memorial and learning centre.

Let me be clear in addressing the points of the noble Lord, Lord Sassoon, in relation to the planning process, which a number of noble Lords, including the noble Baroness, Lady Scott of Bybrook, alluded to. We, as the applicant, stand by the current planning application. We do not intend to withdraw it. It is for the designated Minister to decide how to deal with the current application. We understand that he has three broad options: to invite written representations and then decide; to hold a further planning inquiry; or to hold a round-table discussion. All options would mean opportunities for opposing views to be considered. It is for the designated Minister to decide the approach.

The arrangements are perfectly proper. When they were challenged in the court in 2020, that challenge did not succeed. In all called-in applications, it is for the designated Minister to decide the mode of considering the application. We have given an assurance to the Lords Select Committee that we will make sure that Peers and MPs are notified when the process of retaking the planning decision starts. There will therefore be opportunities for people to make their views known. It will be up to the designated Minister to decide how to deal with those views, including whether to have a new inquiry.

The planning process requires extensive consultation, detailed scrutiny by technical experts and consideration of an extensive range of statutory provisions, regulations and planning policies. The process enables a balancing exercise to be conducted, in which the benefits and impacts of any proposal can be properly assessed. With the greatest respect to noble Lords, and acknowledging the deep expertise that can be found across the Committee, I submit that we should be extremely wary of interfering in these processes. We are not sitting here as a planning committee. I suspect that few of us here will have read all 6,000-plus pages of evidence submitted with the planning application, or the many detailed responses from experts, supporters and opponents of the programme. I hope that noble Lords will forgive me for setting this point out in detail. I will now turn to the amendments in question.

Amendment 7, from the noble Lord, Lord Strathcarron, relating to other memorials in Victoria Tower Gardens, would have the effect of tying the hands of the planning decision-maker and stopping the current proposal. The amendment would give protection to those memorials above and beyond the protections they already enjoy as listed buildings. We all want to ensure that the memorials and monuments in Victoria Tower Gardens, and their setting, are respected. Our design is sensitive to the heritage and existing uses of Victoria Tower Gardens. It includes enhancements to the gardens that will help all visitors, including better pathways and improved access to existing memorials.

The planning inspector considered a great deal of evidence from all sides and looked in great detail at the impact on the gardens and on existing memorials before concluding that any harms to heritage assets were outweighed by the public benefits of the scheme. As drafted, the proposed change to Clause 2 is not necessary to ensure that memorials are given proper weight in the planning process. It would, however, act as a barrier to proceeding with the proposed Holocaust memorial and learning centre. I therefore respectfully ask the noble Lord to withdraw Amendment 7.

[Lord Inglewood (CB)]

It is of course open to the person determining the planning application and/or the appeal—depending on the circumstances—to impose conditions that fundamentally change the scheme from the thing that is currently under discussion by us. Is that not right?

[Lord Khan of Burnley (Lab)]

My Lords, unfortunately I did not get the gist of what the noble Lord said, but I assume he was talking about the future planning process.

[Lord Inglewood (CB)]

My point is quite simply that the outcome of the planning process, if planning permission were to be granted, could be that the scheme would be permitted, but subject to conditions such that it would be completely different from what we are currently considering.

[Lord Khan of Burnley (Lab)]

Yes, that could be the case. Again, it is for the designated Minister to set out the process; it is a decision for them.

Amendments 11 and 12 from the noble Lord, Lord Blencathra, concern the Buxton memorial. The Buxton memorial provides a striking and important reminder of the role that British parliamentarians played in the eventual ending of slavery across the British Empire, a point that many noble Lords made eloquently. It is perhaps fair to point out that its design is not to everyone’s taste. I noted that in a debate in the other place in 1949 considering plans for the remodelling of Parliament Square, the then Member of Parliament for Twickenham expressed the view that the Buxton memorial had “no artistic merit whatever”. That is not this Government’s view.

--- Later in debate ---

[Lord Sassoon (Con)]

The noble Lord did not address my point about UNESCO. This has nothing to do with planning processes. Under the World Heritage Convention, state parties—in this case, the UK Government—

“are also expected to protect the World Heritage values of the properties inscribed”.

Will the Minister confirm that the undertakings to UNESCO are not part of any planning process and answer my question about how the Government regard their obligations in this case to UNESCO? Do they know better what is not appropriate in a world heritage site?

[Lord Khan of Burnley (Lab)]

We will discuss UNESCO on a later amendment. It will need a bit of explanation, and I would like to discuss it in depth. If he could wait for that group, I will discuss that point.

--- Later in debate ---

[Lord Khan of Burnley (Lab)]

My Lords, I thought I was quite clear in saying that an existing planning application has gone in. This Bill is to disapply the 1900 Act to allow the project to proceed. The designated Minister will have a number of options, from which he must decide which is the best way forward for the planning process, but every option will include an opportunity for representations to be made.

[Baroness Walmsley (LD)]

My Lords, there are three options and we do not know which the Minister is going to choose. Is that right?

[Lord Khan of Burnley (Lab)]

My Lords, that is the norm and to be expected. It is totally independent from the whole process. It is for him to decide how we will proceed with planning on this particular point; that is the normal process when Ministers are calling decisions. That is how these options work.

[Lord Blencathra (Con)]

This will be my last comment of the evening. Is there anyone in this Room who seriously believes that the Minister will pick the option of a fresh planning application to Westminster City Council? Of course he will not.

[Baroness Deech (CB)]

Can the Minister explain what would happen to his three options in this scenario? On the day this Bill receives Royal Assent—if it does—what is there to stop the Minister saying within 24 hours, “The only obstacle that existed against giving planning permission last time has been removed, and I am giving it here and now”?

[Lord Khan of Burnley (Lab)]

My Lords, let me be absolutely clear. I understand that noble Lords have lots of concerns, strong views and opinions on this matter, but there is a process in place in which the designated Minister is totally independent from the whole planning process. I cannot stand here and speak on behalf of an independent decision made by a Minister who is detached from this process. It is up to the Minister to decide how to take this forward and how to look at the application. My job here, in promoting this Bill in the Lords, is to look at these clauses and to ensure that we discuss and debate the clauses in front of us. I understand that there are lots of various concerns around the statutory planning process, but it is not for me to move forward with those. I have to look at the remit of the clauses ahead of us. The Minister will make his own decision—that is as it should be.

[Lord Strathcarron (Con)]

My Lords, I thank everybody who has contributed. This has been a really interesting and, as always, passionate debate, with lots of great opinions on all sides.

I am aware that it has taken us four hours to discuss two groups, and we have not yet got on to the juicy subjects of security, how this project relates to restoration and renewal, and indeed the whole design. To save time, I would like to thank the noble Baroness, Lady Deech, for summing up the amendments that we heard about on flooding, security and the kiosk. Afterwards, there were some very useful contributions on planning from the noble Lords, Lord Sassoon and Lord Inglewood, and the noble Baroness, Lady Laing.

I find myself in agreement with the attempt of the noble Lord, Lord Sassoon, to reach out. It seems to me, from what I have heard over the past two days, as we are nearly at the end of the second day in Committee—this is just my opinion; I am not speaking for anyone else—that there is an acceptance that there should be a Holocaust memorial in Victoria Tower Gardens. What is in dispute is its size, scale, ugliness and whatever else—those are subjective things—but my hearing suggests that the fact that there will be a memorial in the gardens has acceptance. The problems all relate to the learning centre: I cannot find anybody, except for the proposers, who are for it.

Last week, I was talking about this outside the Committee with one of the proposers, who said that there is no practical alternative. I was quite flabbergasted; this learning centre may or may not be many things but one thing it certainly is not is practical. We have yet to hear—I am sure that we will at some length—about the problems around traffic, security, restoration and renewal, and about the fact that this proposal is totally inadequate. It is far from practical.

As for there being no alternatives, there are loads of alternatives, and all of them close by. The noble Baroness, Lady Deech, suggested one that I personally found very acceptable: Richmond House, next to the Cenotaph —crane a slight neck there and you can see the Houses of Parliament. This would seem to satisfy every consideration, including the cost aspect, which we debated slightly on day one. I will not come back to it but I remind the Committee that we signed off the Elizabeth Tower at £29 million and it ended up costing £81 million. Let us face it, no one has the faintest idea what this memorial and learning centre—in particular the learning centre, which is where the construction costs will be—is going to cost.

I hope that, as we do not have much more time today—at this rate, we are going to be here for another 10 days or two weeks—the Government will show some flexibility and acknowledge the feeling that, yes, there should be a memorial in Victoria Tower Gardens, and we can then discuss the scale and all those other things. Can we please consider seriously moving the learning centre to somewhere more appropriate, where it can do real justice to the purpose it is meant to have? With that, I would like to withdraw my amendment.

Holocaust Memorial Bill

Lord Khan of Burnley Excerpts

Committee stage
Thursday 20th March 2025 Grand Committee

[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.

--- Later in debate ---

[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.

[Baroness Fookes (Con)]

My Lords, as my amendment was an amendment to an amendment, I am having the final bite of the cherry, so to speak. My noble friend Lord Blencathra asked me a very technical question. As I have relied very heavily on a report that was done by an extremely well-qualified person and I do not have the immediate answer, I think I might take refuge in something that is sometimes done by Ministers answering questions: I will write to my noble friend having found out the precise answer.

In general terms, I am sorry to say that, despite the kindness of the Minister in seeking to answer my queries, I am not in the least satisfied with the points that he has made—not only because he rather underplayed the importance of severing tree roots but because he did not deal at all with the severe matter of compaction, which is another major issue. I will not worry the Committee with anything much longer, save to say that I seek leave to withdraw only because I really have no other choice—but I am not in the least satisfied with the result.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the noble Lord, Lord Carlile of Berriew, for introducing this group and giving the Committee the benefit of his extensive expertise as a former Independent Reviewer of Terrorism Legislation. I hope that the Minister will take his amendments very seriously and consider allowing a further report on security as part of the process as we work towards the delivery of the memorial. However, I do not think it is correct to put it in the Bill.

Amendments 28 and 35 in the names of my noble friends Lord Blencathra and Lord Howard of Rising are important amendments seeking to ensure that security and other risks are taken into account before the memorial is built. Security in Westminster is vital. We welcome millions of visitors every year, and endless high-profile people come to Westminster on a daily basis. We on these Benches support all efforts to ensure that the Government properly review and monitor the security measures in place in Westminster. Perhaps the Minister could look favourably on Amendment 28 in this group, which would ensure that security is properly considered through the planning process, as my noble friends Lord Blencathra and Lord Howard of Rising suggest.

The argument has been made that Westminster is a highly protected and very secure part of our capital city, and I have some sympathy with that view. Can the Minister give us more detail on the additional security measures, if any, that the Government intend to put in place to protect the Holocaust memorial and learning centre?

Finally, I support my noble friend Lord Blencathra in his Amendment 36. He is seeking to ensure that people can continue to visit Victoria Tower Gardens without restrictions. This is a reasonable amendment, and I hope that the Minister will be able to explain how he intends to ensure that people will continue to have free access to Victoria Tower Gardens.

[Lord Khan of Burnley (Lab)]

My Lords, I thank the noble Lords, Lord Carlile, Lord Blencathra and Lord Howard of Rising, for tabling these amendments. The noble Lord, Lord Carlile, and I have a very strong commonality: Burnley has shaped both our lives. He has tabled Amendments 15 and 39, which require a review of security to be carried out and approved by Parliament before other sections of the Act can commence. I recognise that he has a great deal of expertise and experience in these matters, and he is absolutely right to draw attention to the need for proper security arrangements.

Security has been a central consideration throughout the development of the Holocaust memorial and learning centre. We have to recognise and plan for the risk that people with evil intent will see the memorial and learning centre as a target. At the same time, we reject completely the idea that the threat of terrorism should cause us to place the memorial and learning centre in a less prominent location, a point that the noble Lord, Lord Austin, made very eloquently.

In developing the design for the Holocaust memorial and learning centre, we have sought advice on security measures from the National Protective Security Authority, including MI5, the Metropolitan Police and the Community Security Trust. Based on their advice, physical security measures will be incorporated into the memorial and learning centre and landscaping which will meet the assessed threat. Their advice has also informed our proposed operational procedures, which, to reassure the noble Baroness, Lady Finlay, will be reviewed and updated routinely in response to the current threat assessment.

These matters are an essential part of the planning process and were given careful attention by the planning inspector. He noted that security information had been shared with Westminster City Council’s counterterrorism and crime reduction teams, who raised no objections to the security aspect of the application. The inspector sensibly noted that much of the detail of the security arrangements could not be released without compromising security. That, of course, remains true.

This amendment is unnecessary, because security matters are and will continue to be fully addressed as part of the planning process within the statutory planning framework, which is the proper forum for considering them. Security matters were considered in some detail by the Lords Select Committee, which accepted a detailed assurance from the Government on publicising the reopening of the planning process so that parliamentarians and interested parties are aware of the timing and nature of the process. The committee also accepted a detailed undertaking in relation to the evidence on security, including that we would review our security plans, consult widely and make updated information on security matters available to Members of both Houses. Through representations to the Minister taking the planning decision, we aim to ensure that security considerations continue to be regarded as a main issue in the determination of the application.

The Select Committee, after careful consideration, accepted the assurance and undertaking which, taken together, will enable parliamentarians to examine the information provided as part of the redetermination of the planning application, with the exception of any information that is confidential or should not be placed in the public domain for security reasons. It recommended that we give careful consideration to amending the Bill as requested by the noble Lord, Lord Carlile. We have given this recommendation very careful thought and have concluded that the proposed amendment would not lead to any greater expert scrutiny of security evidence. It would, however, lead to considerable delay and uncertainty for the programme. We have therefore concluded that no amendment is necessary or desirable. I therefore ask the noble Lord not to press these two amendments.

Amendment 28 in the name of the noble Lord, Lord Blencathra, seeks to place in the Bill the terms of an undertaking given by the Government to the House of Lords Select Committee. It is therefore perfectly clear that the Government have no difficulty with the substance of the proposed amendment. The effect of the assurance and undertaking given to the Select Committee will be to enable parliamentarians to examine the information provided as part of the redetermination of the planning application, with the exception of any information that is confidential or should not, as I have said before, be placed in the public domain for security reasons. Ministers will also be accountable to Parliament for actions that they take in meeting the assurance and undertaking. Nothing is to be gained by including these measures in the Bill.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

My Lords, I thank my noble friend Lord Strathcarron for his Amendment 16, which seeks to establish a competition for the design of the Holocaust memorial and learning centre. As I have said in our debates on previous groups, concerns about the design of the centre and memorial should be addressed in the full planning process; the Minister has given us this afternoon an assurance that that will be the case for both this and other matters.

That said, we are now a very long way along this process, and a design has already been chosen and discussed fully in the past. I have listened carefully to the concerns of my noble friend. There would have to be serious practical problems with the chosen design for it to be sensible to reopen the design question. We need to make progress on the delivery of this memorial and learning centre. I remind the Committee that it has now been over a decade since my noble friend Lord Cameron announced his plans for a Holocaust memorial. If we were to reopen the question of design for the Holocaust memorial and learning centre, that could risk a further delay; we must ask ourselves whether that is appropriate given the amount of work that successive Governments have put into delivering the memorial.

I look forward to the Minister’s response and hope that he is able to address noble Lords’ concerns fully.

[Lord Khan of Burnley (Lab)]

My Lords, I thank the noble Lord, Lord Strathcarron, for bringing this amendment, which was eloquently put forward by the noble Lord, Lord Blencathra. It seeks to require a rerun of the process that took place in 2016 to identify the proposed design for the Holocaust memorial and learning centre, with the additional restriction that the outcome would be a figurative memorial and, perhaps, the implication that there would be no learning centre.

It may be helpful if I remind the Grand Committee that the design of the Holocaust memorial and learning centre was chosen by a broad-based panel after an international competition that attracted 92 entrants. The shortlist of 10 design teams was described by Sir Peter Bazalgette, the then chair of the UK Holocaust Memorial Foundation, as

“some of the best teams in architecture, art and design today”.

Anish Kapoor, who was rightfully praised by the noble Lord, Lord Carlile, in our debate last week, was part of a design team alongside Zaha Hadid Architects, which submitted a powerful and striking design. Other well-known architects and designers who were shortlisted included Foster and Partners, Studio Libeskind and Rachel Whiteread. This was a competition that attracted designers of the very highest quality from across the world.

After detailed consultation, in which shortlisted schemes toured the UK and a major consultation event for Holocaust survivors was held, a judging panel had the difficult task of choosing a winning team. The judging panel, chaired by Sir Peter Bazalgette, included the then Secretary of State, Sajid Javid; the Mayor of London; the Chief Rabbi; the chief executive of the Design Council; the director of the Serpentine Gallery; broadcaster Natasha Kaplinsky; and Holocaust survivor Ben Helfgott. Clearly, this was a serious panel of well-informed people with deep experience on matters of design, as well as on the significance of a Holocaust memorial. The panel unanimously chose the team consisting of Adjaye Associates, Ron Arad Architects and Gustafson Porter + Bowman as the winners.

In announcing its decision, the panel referred to the sensitivity of the design both to the subject matter and to the surrounding landscape. Public exhibitions were then held to gather feedback on the winning design ahead of a planning application. As the law requires, further consultation took place on the planning application. More than 4,000 written representations were submitted. A six-week planning inquiry was held, in public, at which more than 50 interested parties spoke. All the details of the planning application, over 6,000 pages of information, all of which remains publicly accessible online, were closely scrutinised. Members of the design team, including the very talented young architect Asa Bruno, director at memorial designer Ron Arad Architects, who tragically died the following year, were cross-examined by learned counsel.

There was, of course, a great deal of discussion at the planning inquiry about the proposed design of the Holocaust memorial, the learning centre and the associated changes to Victoria Tower Gardens. Many opponents of the scheme, including the noble Baroness, Lady Deech, took the opportunity to inform the inspector of their opinions on the proposed design. In his detailed report, the inspector sets out the spectrum of views on the design presented to him. Having heard the evidence of a very wide range of supporters and opponents, the inspector was then able to reach a balanced judgment. He recorded in his report his view that

“the proposals comprise a design of exceptional quality and assurance”.

[Baroness Deech (CB)]

Can I ask the Minister whether all these people knew that the design had already been put forward in Ottawa? I do not think that even I knew that then.

[Lord Khan of Burnley (Lab)]

I will come back to the noble Baroness’s point towards the end of my wind-up.

Following the planning inquiry, the independent inspector submitted his detailed and lengthy report to the Minister, with a recommendation that consent should be granted. The Minister agreed with that recommendation.

Amendment 16, in the name of the noble Lord, Lord Strathcarron, would simply take us back around nine years and require the design competition to be run again. There is no good reason for such a step. The Government remain fully committed to the current design, which has been the subject of detailed attention and wide consultation. Suggestions that the memorial was not designed by Ron Arad or not envisaged specifically for Victoria Tower Gardens are wide of the mark. Ron Arad’s drawings showing the evolution of the design have been displayed at the Royal Academy for all to see the originality and brilliance of his design.

[Lord Howard of Rising (Con)]

Does the noble Lord agree that a camel is a horse designed by a committee? What he has just said proves that.

[Lord Khan of Burnley (Lab)]

My Lords, swiftly moving on, it is not realistic to suppose that a new design competition would produce a design that pleases everyone. Let me be absolutely clear: I have featured in a BBC housebuilding documentary programme and I was most suspicious of design but, by the end of the 14 months when I was running for the European Parliament, I realised the impact and the power of design. Everyone has different tastes and different suspicions of design; everyone has different views. Differences of view about the artistic merits of designs are nothing new. It is quite proper that there should be an open debate about the design of new memorials, indeed of all new public buildings.

The design that is proposed for the UK national Holocaust memorial and learning centre is the product of extensive consultation, a design competition that attracted many of the best architects in the world and a judging process that relied on the deep expertise of a talented and experienced panel. Are we simply to set all that aside and require the process to be repeated? It is right, of course, that a decision to proceed with construction of the memorial and learning centre should be taken only after all relevant voices have been heard.

A number of noble Lords, including the noble Baroness, Lady Deech, referred to the press reports in 2023 concerning Sir David Adjaye. Following allegations made in those reports, Adjaye Associates has said that Sir David will not be involved in the UK Holocaust memorial project until the matters raised have been addressed.

I am not sure whether the noble Baroness, Lady Fleet, was in her place when I made the following point. The learning centre will look at subsequent genocides through the lens of the Holocaust. The content of the learning centre is being developed by the leading international curator, Yehudit Shendar, formerly of Yad Vashem. The focus is to ensure that the content is robust and credible and reflects the current state of historical investigation into, and interpretation of, the Holocaust. The exhibition will confront the immense human calamity caused by the destruction of Jewish communities and other groups, and the exhibition will also examine the Holocaust through British perspectives.

The noble Lord, Lord Sassoon, said that he knows nothing wiser. I was very clear in an earlier group about the next steps of the process around planning options, subject to the passage of the Bill. I made it very clear last week—and I will say it again after the confirmation of the previous group—that the designated planning Minister, Minister McMahon, will take an approach of his choosing, whether that will be a consensus round- table meeting, written responses or a public inquiry. It is for the designated Minister to decide which approach to the planning process he will take. On his very important focus on world heritage sites, I would not do justice to the noble Lord’s passion in this area if I swiftly gave the answer now, but I will come back to him, and go through this in detail, in the next group.

[Lord Sassoon (Con)]

I appreciate that the Minister does not want to repeat multiple times his definitive words on the world heritage site, and I fully accept that. On the planning, what he has just said—which I have heard him say before—seems to give absolutely no comfort about the future planning, because he says that it is entirely for the Minister. Does he accept that it would be technically possible for the Government to put amendments to the Bill that would guide the future planning process? At the moment, the Government are washing their hands of it. Would it be possible for the Government, or anybody else, to come forward with amendments to the Bill to direct in some way the shape of the future planning process, to give the Committee more comfort about what will happen, rather than just being told that it might be something or nothing?

[Lord Khan of Burnley (Lab)]

My Lords, let me make it clear: it is for the designated Minister to decide the process and make the decision. If it means that, as normal planning decisions are made, there might be some conditions as part of the planning process, as is normal—for example, you cannot start building without consultation and cannot open the building without letting Westminster City Council know about security—then that is up to the Minister. I know other examples; I have just given one there. The process is totally detached from here and from me bringing the Bill forward as a supporter of it.

Moving towards concluding remarks, the noble Baroness, Lady Deech, suggested that the memorial proposed for Victoria Tower Gardens is in some way a copy of a proposal that the architect submitted for a Holocaust memorial in Ottawa in 2014. I find this a rather strange criticism. When we consider the Buxton memorial, for example, are we to think less of its design because the architect used a similar Gothic revival style somewhere else? Should we be disappointed with “The Burghers of Calais” simply because it is one of 12 casts of the same sculpture? The topic was, of course, addressed at the planning inquiry, where the late Asa Bruno was able to point out that, while sharing a basic common architectural motif, the two proposals differ greatly in scale, material, form and proposed visitor experience, so that was clear from the public inquiry.

[Baroness Deech (CB)]

Can I ask the Minister why Sir David Adjaye would say that the memorial was something disruptive of the park, and specifically about this situation, if he used the same thing abroad? Is his conscience not troubled at all that, for purely administrative reasons, the Jewish community is going to be lumbered with a design by someone who has admitted sexually inappropriate behaviour? Unfortunately, one cannot include photographs in Hansard, but I have in my hand the report,

“David Adjaye steps back from Holocaust memorial after misconduct claims”.


He steps back, but we are left with the design, which is featured on Adjaye Associates’ website. Do the Government still have a contract with Sir David Adjaye, and what is the future of the association with him? Because, going ahead with this, I cannot stress too strongly how appalling it is.

[Lord Khan of Burnley (Lab)]

My Lords, if I heard her correctly, I think the noble Baroness was asking about my conscience. This is in the national consciousness, and that is why we want to build this Holocaust memorial learning centre to reflect and learn the lessons of the past but also to be an education for future generations to ensure, as the noble Lord, Lord Pickles, said, that this can never happen again.

Regarding Sir David, I do not want to say anything further about the allegation; I have said what I have said. I repeat that Adjaye Associates said that Sir David will not be involved in the UK Holocaust memorial project until the matters raised have been addressed. There is nothing that more I can add.

Let me make an important point to noble Lords across the Committee. Yesterday, I had the opportunity to visit Ron Arad Studio. As I have said previously, when it comes to design, I am not the easiest to please person. Everyone has different views, as we see in the debates here, and I respect that. In addition to these proceedings, it would be very helpful to all noble Lords if I gave them the opportunity to see the proposed project in 3D form and to look at it from a design point of view. However, I repeat that it is not for this Committee to consider that; it is for planning. We are here to do two things: first, as per Clause 1, to allow the Secretary of State to spend on the project; and secondly, as per Clause 2, to disapply the 1900 Act so that we can build the project.

The planning system provides exactly the forum for a debate on this topic. That forum allows views to be heard and balanced judgments to be formed. There is no good reason for Parliament to seek to put aside the planning system in the single case of the Holocaust memorial and learning centre. Noble Lords will have plenty of opportunities, subject to the passage of the Bill, to be part of the planning process. I ask the noble Lord to withdraw his amendment.

[Viscount Eccles (Con)]

There is a point that has not been dealt with. In January 2015, there was cross-party support for the conclusions and recommendations of the Holocaust Commission. I do not think that the Minister has addressed the argument that the Adjaye design does not conform to those recommendations. I feel that he has avoided any discussion of the differences between the design and what was recommended at that time and won cross-party acceptance, which I think is still in existence. That point needs dealing with in these deliberations.

[Lord Khan of Burnley (Lab)]

My Lords, I have the utmost respect for the noble Viscount, Lord Eccles, and I appreciate his strong concerns and the very interesting points he has raised throughout the passage of this Bill. Let me clear: there were 92 entrants in what was an international competition, and the design of the Holocaust memorial and learning centre was chosen by a broad-based panel. The chair of the UK Holocaust Memorial Foundation said that the 10 teams shortlisted were,

“some of the best teams in architecture, art and design today”.

The competition attracted the highest quality designers from across the world. The decision was made through a process in which the panel chose a team consisting of Adjaye Associates, Ron Arad Architects and Gustafson Porter + Bowman as the winner.

I just say to the noble Lord that numerous Prime Ministers, with elected mandates, have supported the Holocaust memorial and learning centre—the whole project. We too will continue to support it wholeheartedly. I invite the noble Lord and others to look at the model when we bring it to the House. I found it very impressive, but that is my view.

[Viscount Eccles (Con)]

I will have one more try. It seems to me that, whatever the Minister has said, it does not deal with the problem the Government have: that there was and still is cross-party support for the conclusions and recommendations of Britain’s Promise to Remember. The Adjaye design does not meet them. If the noble Lord thinks that it does, then we need a proper explanation of the way in which it does. There never was a single reference to what is now being proposed, with both the memorial and the learning centre in a single building—you cannot rely on the word “co-locate”.

[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.

Holocaust Memorial Bill

Lord Khan of Burnley Excerpts

Committee stage
Thursday 27th March 2025 Grand Committee

[Lord Robathan (Con)]

My Lords, to follow on a little from the noble Lord, Lord Carlile, I want to say that I think most of us would be delighted to see a decent memorial and learning centre to the victims of the ghastly Holocaust, but not here. I am afraid it is a completely bonkers idea—and I want to put that clearly, because it is a bonkers idea. I would love to see Yad Vashem in London—and those who have not been there should go. It is one of the most moving places I have been to, and I have been three times altogether. It is absolutely extraordinary, but it could not possibly be in the space we are talking about. Perhaps it could be in the grounds of the Imperial War Museum, which wanted this learning centre in the first place.

I am not going to dwell on everything that has been said before. I just mention something that my noble friend Lady Fookes talked about—namely, green spaces. Every Government say that we have to have green spaces. I remember Rishi Sunak saying it, and I am sure that Keir Starmer would have said it—the Minister can bear me out if he has. We need green spaces for people, and I think I am right in saying that this is the only green space between Fulham Palace gardens and the other side of the City of London that runs along the north side of the river. That is pretty extraordinary—it is the only green space where you can walk beside the river without a road in the way and see it from a green area. It is extraordinary to want to destroy it when there are no others.

On security, to back up what the noble Lord, Lord Carlile, said, a lot has been said, although I am afraid I missed the part on security. I do not know whether it was discussed last week—

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

It was.

[Lord Robathan (Con)]

I know it was discussed last week. But what do you do with all the people visiting if, for instance, the King were to die, God forbid? Did we discuss what would have happened with all those people visiting the late Queen Elizabeth? Thousands of people were in that park. Where would they go now? That is a very reasonable point. Also, I know it has been discussed at length but if we have renovation and renewal, or whatever it is called, there will have to be a slight discussion.

What I particularly want to talk about on my noble friend Lady Fookes’s amendment is the council and planning permission. I should declare as an interest that I am a resident of Westminster and, indeed, that my wife is on Westminster City Council. When it came before the council in, I think, 2019, it was turned down completely—I think, although the Minister might be able to tell me, not just by the Conservatives who were then in power but by the Labour Party as well. He can correct me if I am wrong, but I do not think I am. It is very important that people understand that those are the views of local people. Again, I thought that not just Conservatives but the Labour Party wanted the views of local people taken into account, but they are not going to be on this.

I do not want to repeat everything that has been said. I will say just two things, to be answered by the Minister. Does the Minister believe that the views of the local people of Westminster count, or are we not going to have another planning application? Does the Minister believe in the importance of environmental and open spaces beside the river and elsewhere in London, or is everything just to be bulldozed and trampled over? If that is the case, we might as well all just give up anyway.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

I have nothing further to say, my Lords.

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

[Lord Khan of Burnley (Lab)]

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

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

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

[Lord Robathan (Con)]

Is it not true that the original commission put forward three positions, and none of them was Victoria Tower Gardens?

[Lord Khan of Burnley (Lab)]

Yes, that is right.

After detailed consultation in which shortlisted schemes toured the UK and a major consultation event for Holocaust survivors was held, the judging panel chose the winning design for a Holocaust memorial with a collocated learning centre because of its sensitivity to Victoria Tower Gardens. Public exhibitions were held to gather feedback on the winning design ahead of a planning application. As the law requires, further consultation took place around the planning application. More than 4,000—

[Viscount Eccles (Con)]

My Lords, does the Minister believe that the description “collocated” includes being in the same building? What the commission actually said was that the learning centre should be located in close proximity, not in the same building. If one organisation tries to tell you that in this instance “collocated” includes being in the same building, I am afraid that that is a definitional mistake and quite misleading.

[Lord Khan of Burnley (Lab)]

My Lords, I can only refer back to the word “collocated” which was used about the Holocaust memorial alongside the learning centre.

I would like to make some progress and I know that I have a number of questions to answer. Please can I get through some of the background of where we are? I hope we can address the amendments, and I will take interventions, as required.

As I have said, as the law requires, further consultation took place around the planning application. More than 4,000 written representations were submitted. A six-week planning inquiry was held, in public, at which more than 50 interested parties spoke; I believe some noble Lords were there. All the details of the planning application—over 6,000 pages of information, all of which remains publicly accessible online—were closely scrutinised. The design team, and indeed the co-chairs of the UK Holocaust Memorial Foundation, were cross-examined by learned counsel.

Following the planning inquiry, the independent inspector then submitted his detailed and lengthy report to the Minister with a recommendation that consent should be granted. The Minister agreed with that recommendation. The planning decision was, of course, subsequently quashed by the High Court, on the basis that certain parts of the London County Council (Improvements) Act 1900 prevented development in Victoria Tower Gardens. That is why we are promoting this Bill: to seek Parliament’s agreement that the statutory impediment should be lifted for the purposes of a Holocaust memorial and learning centre. However, the planning decision still needs to be retaken by the designated Minister—for the sake of the noble Lord, Lord Blencathra, and other noble Lords in the Committee, that would be Jim McMahon—in accordance with proper procedures and in line with all relevant statutory requirements.

I turn now to Amendment 21 in the name of the noble Baroness, Lady Fookes. This would require a new planning application, which would take us back to 2018. I see no possible justification for such a step. The planning application submitted in 2018 remains current. The planning process which is under way has provided, and will provide, all the proper opportunities for consultation and scrutiny. I therefore ask the noble Baroness to withdraw Amendment 21.

Amendment 34 in the name of the noble Lord, Lord Howard, calls for a new impact assessment. I have pointed out already that the impacts of the proposal have been studied in depth and a great deal of material has been published on the Westminster City Council planning portal. Noble Lords who wish to consider further the educational impact of the proposal could review the evidence provided by Professor Stuart Foster of the UCL Centre for Holocaust Education, who told the inquiry that the learning centre

“will offer visitors an engaging, interactive and dynamic experience … underpinned by rigorous scholarship and the advice and expertise of some of the leading academics and specialists in the field”.

It will

“offer different insights and critical interpretations of what Britain did and did not do in response to events”,

and

“will serve as a catalyst for deeper engagement and interest in Holocaust education across the country”.

For an assessment of the impacts on air quality, archaeology, soils, flood risk, traffic and water quality—and a great deal more—noble Lords could review the environmental assessment which remains available online. The expected costs of the proposal have been presented to Parliament and will be updated in line with the normal arrangements for major projects. This clause simply requires work to be duplicated, causing further unnecessary delay, so I ask the noble Lord not to move Amendment 34.

Amendment 38 from the noble Lord, Lord Inglewood, seeks to insert an additional step into the process for obtaining all the required permissions and consents for construction of the proposed Holocaust memorial and learning centre at Victoria Tower Gardens. Such a clause can hardly be justified. Both Houses of Parliament have had the opportunity to consider very carefully the case for a Holocaust memorial and learning centre at VTG; I need hardly remind noble Lords that this Bill has already received its Second Reading in this House, having been agreed by the other House last summer. It has certainly been no secret that the Government are promoting this Bill with the express purpose of enabling construction of the scheme for which planning permission was sought in December 2018.

Members of Parliament and Members of the House of Lords have the same opportunities as all other citizens and residents to express their opinions about any proposed development. In the case of this particular planning application, Members of this House made their views clear and spoke very forcefully at the planning inquiry. The Palace of Westminster of course has an interest as a neighbour to the proposed Holocaust memorial and learning centre. Like any other neighbour, Parliament can make its views known through the planning system and be confident that those views will be given due weight.

[Baroness Deech (CB)]

Does the Minister see any internal contradiction in what he says? He says repeatedly that these issues can be considered in a planning application, but at the same time he also says that the Minister can decide what to do about a planning application. As we have said repeatedly, there is absolutely no guarantee that there will be any space of any sort for these issues to be considered. Is it not important to the Minister that the original planning application was made six or seven years ago? Any politician will tell you that the world has changed—Westminster has changed, the atmosphere has changed and the climate has changed in the last seven years. How can it be right to ignore all of that, not answering the questions that have been put this afternoon, and ignoring the elephant in the room—that the project now proposed is a very far cry from that which was recommended in 2015 and accepted by David Cameron, then the Prime Minister? This is a million miles away from what was proposed and accepted then.

[Lord Khan of Burnley (Lab)]

I politely disagree with the noble Baroness—there is no inconsistency. My job in promoting the Bill is to look at the two main clauses along with the third one, which says that the Bill applies to England and Wales. Planning permission is absolutely for the designated Minister. As a proposal of national significance, it is perfectly proper for a planning decision to be taken by a Minister rather than by a local planning authority. When these arrangements were challenged in a judicial review in 2020, that challenge did not succeed.

Perhaps I can just make some more progress. Like any other neighbour, Parliament can make its views known through the planning system.

[Lord Howard of Rising (Con)]

With the greatest respect to the Minister, if the Planning Minister is somebody different, why is he not here answering these questions today?

[Lord Khan of Burnley (Lab)]

My Lords, that is not the way planning works. I will leave my remarks there, in the sense that it is up to the designated planning Minister how he takes this process forward, but there will be a planning process, which is right. It is not ideal for this House, through this Bill in particular, to be discussing planning applications. That is not the role of this Committee on this Bill in particular.

As I said before, Parliament can make its views known through the planning system and can be confident that those views will be given due weight. We have well-established provisions in place to allow a decision to be challenged if proper weight is not given. The Lords Select Committee considered this matter, and the Government were pleased to give an assurance that they would notify the relevant authorities in both Houses as soon as practicable following the reactivation of the planning process in respect of the current application.

[Lord Robathan (Con)]

Before the Minister sits down—I am sorry to harass him—

[Lord Khan of Burnley (Lab)]

Can I just make a point to the noble Lord?

[Lord Robathan (Con)]

Of course.

[Lord Khan of Burnley (Lab)]

I am not anywhere near sitting down for a while yet, because I have a number of points to make—but I will take the noble Lord’s intervention then.

The noble Lord, Lord Inglewood, raised this point in his amendment. The Government were pleased to give an assurance that they would notify the relevant authorities in both Houses as soon as practicable, following the reactivation of the planning process in respect of the current application. The planning process, put in place by Parliament and regulated through the courts, is the proper place for considering developments such as the proposed national Holocaust memorial and learning centre. There is no justification for seeking to add further steps into the approval process, which can only cause unnecessary delay and uncertainty. I therefore ask the noble Lord not to press Amendment 38.

Finally in this group, Amendment 42 from the noble Baroness, Lady Deech, proposes that an additional approval should be required before the Bill could come into effect. This is a convenient place for me to respond to the questions put to me earlier by my noble friend Lady Blackstone, the noble Baroness, Lady Deech, as well as the noble Lord, Lord Sassoon, who I regret to say is not in his place today but who talked passionately about UNESCO—so it is ideal that I now talk to the points made by the noble Lord previously.

The Government’s obligations with regard to UNESCO were asked about. In brief, those obligations rest on Articles 4 and 5 of the world heritage convention. That convention initiated the world heritage list, which identifies the cultural and natural heritage across the globe considered to be of common importance for present and future generations of all humanity. I need hardly say that the Government take those obligations extremely seriously.

The Government’s statutory adviser on the historic environment, including on world heritage sites, is Historic England, as the noble Lord, Lord Pickles, said. There is a great deal of helpful information on Historic England’s website relating to the world heritage convention and its significance for the 35 UK sites currently on the world heritage list. In practical terms, as Historic England explains on its website:

“Protection for World Heritage in England is provided by a combination of the spatial planning system and national designations (for example, listed buildings, scheduled monuments, sites of special scientific interest … that cover elements, if not the whole, of the site. The heritage significance of a World Heritage Site (its ‘outstanding universal value’)”—


which the noble Baroness referred to—

“may be reflected, at least in part, in the significance of any listed building, scheduled monument … or other heritage asset that forms part of it where this relates to its”

outstanding universal value. It continues:

“The provisions and protections under the planning system that apply to any such elements within a World Heritage Site are an important element, ensuring that the outstanding universal value of the World Heritage Site is recognised and taken into account”.


Having addressed the point made by the noble Lord, Lord Sassoon, and the noble Baroness, Lady Deech, on the general context, I turn to the specific example of the Holocaust memorial and learning centre and its potential impact on the Palace of Westminster and Westminster Abbey, including St Margaret’s Church, a world heritage site. In line with the provisions and protections of the planning system that I referred to a moment ago, the potential impact of the memorial and learning centre on the world heritage site and its settings has been properly considered and fully taken into account.

Historic England, in its role as statutory adviser, provided pre-application advice on the proposed Holocaust memorial and learning centre. Its written advice was in front of the independent planning inspector, who considered the planning application—as indeed a further statement from a highly qualified representative of Historic England was considered. That statement reminded the inspector of Historic England’s role

“in advising Government in relation to World Heritage Sites and compliance with the 1972 Convention Concerning the Protection of the World Cultural and National Heritage. It is the lead body for the heritage sector and the Government’s principal adviser on the historic environment”.

On the specific question on the impact of the proposal, the statement confirmed the view that Historic England has set out in its pre-planning advice, following a detailed consideration of the proposal. The view was that

“the proposals would not significantly harm the Outstanding Universal Value of the Palace of Westminster and Westminster Abbey including Saint Margaret’s Church World Heritage Site”.

The planning inspector did, of course, have the benefit of hearing other opinions on this matter, including opponents of the scheme who took a different view from Historic England. The inspector, having heard all the evidence, was able to come to a fully informed view about the potential impact of the application on the World Heritage site. His assessment was that the proposed UK Holocaust memorial and learning centre

“would not result in compromise to the”—

outstanding universal value of the world heritage site—

“because it does not harm it or its setting, thus conserving it”.

[Baroness Deech (CB)]

Why, therefore, has UNESCO continued to reiterate its

“serious concerns that the proposed location of the Holocaust Memorial and Learning Centre … would have a significant adverse impact on the OUV of the property, and therefore requests the State Party to refrain from any action which would allow the current proposal to proceed, and to seek alternative locations and/or designs”?

UNESCO has said that, I think, four times now.

[Lord Khan of Burnley (Lab)]

My Lords, I can talk only about how the inspector, in his decision, has taken different views—opposing and supporting views—and has taken evidence from Historic England.

[Baroness Blackstone (Lab)]

I apologise for interrupting the Minister—I know he wants to get on—but perhaps he could respond to my questions. What discussions have taken place between those who propose this project and the World Heritage Committee of UNESCO? It has a committee that has pronounced, as the noble Baroness, Lady Deech, said. Why have the Government not taken into account its views—or, if they have, when did they, and did they persuade the committee to change its mind?

[Lord Khan of Burnley (Lab)]

My Lords, I will have to come back in particular detail on the noble Baroness’s specific question. If she is asking whether the Government are talking to the DCMS, I say that of course our officials are speaking to colleagues in DCMS. That is an earlier question that the noble Baroness asked.

I remind my noble friend that this is not a planning committee. We are here discussing the particular provision of the clauses of this Bill. I apologise to noble Lords that I have to go into some detail on these matters. I hope the answer that I have given responds to the earlier questions from the noble Lord, Lord Sassoon, about the Government’s general approach as well as the question from the noble Baroness, Lady Deech, about UNESCO designations. I hope it reassures the House that the potential impact of the proposed Holocaust memorial and learning centre on the Westminster world heritage site has been fully and properly considered.

The amendment in the name of the noble Baroness, Lady Deech, would have the effect of elevating the views of two eminent bodies, one British and one an international committee, above the views of the Minister designated to take a decision on the planning application. In effect, it would mean that the balancing exercise intrinsic to planning decisions could not be carried out. There is no good reason to make such a radical intervention in the normal planning procedures for this particular proposal. I therefore ask the noble Baroness to withdraw Amendment 42.

[Lord Robathan (Con)]

I am sorry to harass the Minister. He is doing extremely well. My brief question is one that I asked beforehand, and it is encapsulated thus: does the proposal to build this memorial centre—not the memorial itself but the centre—override the Government’s proposal to keep open spaces, particularly green space, for families and particularly for children in Westminster?

[Lord Khan of Burnley (Lab)]

My answer to that is that there will be green spaces. Some 90% of the park will still be green spaces. The whole project is 7.5% of the park. This has been discussed extensively in previous groups. There has been no lack of analysis, consultation and scrutiny in the process that has led us to this point. I accept, of course, that the process has not brought a complete consensus, but are we really expected to believe that, by repeating the process that began all those years ago, we would find a solution that would somehow meet everyone’s expectations? That is simply not realistic.

Our objective is widely shared, including by a succession of Prime Ministers and party leaders. Earlier this afternoon I was watching numerous Prime Ministers, from John Major to Gordon Brown, Theresa May, David Cameron and Tony Blair, all with democratic mandates and all giving strong support to this project. Numerous Prime Ministers and party leaders have shared widely their support to create a national memorial to the Holocaust, with an integrated learning centre, in a prominent location. An excellent design meeting our objectives has been put forward and awaits a decision on the planning application.

[Lord Blencathra (Con)]

I detect that the Minister is in his peroration so I am grateful for him allowing me to intervene. He answered straightforwardly one of the questions that I posed—whom the designated Minister would be—but there are two others that he has not. He has made it clear that the designated Minister would have three options. He has been briefed by his civil servants that there are three options you can do. One is a full-scale planning application to Westminster City Council, which I believe will never happen. The second option was described by the Minister as a round table and the third was written representations to be received by the Minister. Clearly, the able civil servants in his department have invented those two other options. There must be a brief somewhere on what the round table and the written representations would do, and I would like to hear from the Minister, either today or at some time in the future, exactly what those other two options would involve.

[Lord Khan of Burnley (Lab)]

My Lords, I am not going to get involved in that. The reason why is that I am in no position to pre-empt what the designated planning Minister will do or the nature of his decision. That might require that the planning process is totally to be determined, and, within the options, he may have a particular focus on how he would like that exercised.

[Lord Blencathra (Con)]

I am sorry but the Minister may have misunderstood me. I am not asking for a decision on which option he will go for; I am asking for the details of the possible options that he could decide on. It is perfectly legitimate to ask, if the Government are saying that one thing will be a planning application, another thing will be a round table and the third one will be written representations, what details would be required in the round table. We are perfectly entitled to know that. The Minister must have had a brief on what it would be about; the department cannot pluck those three options from thin air without giving Ministers details of how they would operate in reality. I do not want to know which one he will go for, of course, but I want to know how they might work.

[Lord Khan of Burnley (Lab)]

My Lords, it is perfectly reasonable of the noble Lord, Lord Blencathra, to ask that question, but information is available on the website of the planning casework unit; the noble Baroness, Lady Deech, has previously referred to it in this Committee. If it would help, we could send some more detail, in terms of where the website is and the address—as well as more details about the options that the designated Minister could pursue—to give the noble Lord more assurance around and confidence in the procedure. That would be no problem.

There is nothing to be gained by turning the clock back to 2015. All that this would achieve is to delay the creation of a memorial by many years. Few Holocaust survivors, perhaps none at all, would live to see the project completed—

[Baroness Deech (CB)]

I must remind the Minister again that we are building not for the survivors, who already have something like six memorials and 21 learning centres in this country, but for the future. The survivors themselves would say that it is a mistake to hurry just because there is a possibility that it will be built in their lifetimes. That is not the issue.

[Lord Khan of Burnley (Lab)]

My Lords, I can give noble Lords absolute confidence that the many Holocaust survivors I have spoken to are looking forward to seeing this Holocaust memorial built. It might not be so for everybody, but I speak in the context of my numerous heartfelt conversations with Holocaust survivors.

My point stands: few Holocaust survivors, perhaps none at all, would live to see the project completed. In those lost years, how many more opportunities to spread and deepen understanding of the Holocaust will be missed? How many millions of visitors will pass through Westminster who might otherwise have been prompted to reflect on the murder of 6 million Jews? How many visitors, young and old, will be denied the opportunity to learn objective facts on a topic of such profound importance? We should not be creating new hurdles, setting new tests or extending legitimate processes. Our aim should be to build a Holocaust memorial and learning centre of which the nation can be proud, and to do it soon. I ask the noble Baroness, Lady Fookes, to withdraw her amendment.

[Baroness Fookes (Con)]

My Lords, I am not surprised by the line that the Minister has taken. I may be allowed to express disappointment, but certainly not surprise, because it seems to me that, despite previous discussions in this Committee—particularly this afternoon—we have heard many and varied reasons as to why the situation has changed markedly from what it was six years ago or more, and that these should have been taken into account.

I am particularly concerned that we are overriding an Act of Parliament set up by somebody—originally as a gesture of good will and philanthropy, which was then endorsed by the 1900 Act—whose objectives, far from being over, are if anything more important now than they were before because it is a valuable green space in an area served by many people, often those without great assets or gardens of their own. We are now far more aware of the importance of the environment than we probably were in 1900. So, far from being old hat, this remains extremely important. That is where I start from.

However, I also look to the fact that the commission set up—it gave its verdict in 2015, I think—outlined the kind of memorial and learning centre that it wished to see. Clearly, that cannot be carried out fully in this very small space, so there is a great gap between what the commission said it wanted and what is now possible on a very restricted site. That is where I take my stand.

Sadly, I feel that the Minister has not been listening to the many and varied arguments put with considerable force, knowledge and eloquence by people serving on this Committee. I am sorry indeed about that, and I am particularly sorry that we seem to be getting nowhere fast. In those circumstances, I cannot see that any lengthy speech by me— or anybody else come to that—will change the Minister’s mind and, because we cannot have votes in this Committee by reason of the way it is set up, I can do nothing but seek leave to withdraw my amendment, but I do so believing that I am right about this. I am disappointed that we are not getting anywhere, so I seek leave to withdraw my amendment, but with a very heavy heart.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

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

[Lord Khan of Burnley (Lab)]

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

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

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

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

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

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

[Lord Hope of Craighead (CB)]

We were presented, in the committee, with a plan that showed that, during construction, the whole of the garden area would have to be regarded as subject to works—in other words, the whole of the grass area, up to quite close to the memorials at the north end. Has the Minister taken into account the fact that the underground works may have to be dealt with by opening up the surface of the ground to construct the works underneath? It is not quite right to say that the effect of the Holocaust memorial is simply at the southern end of the grassy area; that is not what the plan showed. I simply ask the noble Lord to take account of that from now on in considering the interaction between the two, because the promoter’s plan showed that it would have to occupy the whole of the grass area, right up to the public path at the north end. That is a very important point, because it is one thing to say that it is at the southern end and the grassy area as a whole will not be touched, but that is not what the promoter’s plan showed. That is why there is more to the point of the noble Lord, Lord Vaux, than perhaps the noble Lord suggested.

[Lord Khan of Burnley (Lab)]

The noble and learned Lord makes an interesting point, which I hear strongly. I have been studying this plan for a big part of today and I want to reassure noble Lords on it. By the way, I am happy to sit down as part of the discussion with the noble Lord, Lord Vaux, that my team will arrange, because the noble Lords’ points are important, and we want to give them extra due consideration post Committee.

Rest assured that the Select Committee made clear in the report that the evidence presented to it was that the main restoration and renewal work would not begin before 2029 at the earliest. By then, we hope that we will be well on the way to completing the Holocaust memorial.

[Lord Inglewood (CB)]

Following up on what the noble and learned Lord said, I will paraphrase what the Minister has said: “You can rely on us. It’ll be all right on the night”. I do not think that is quite good enough in the context of the debate we are having, because the whole thing is a straight-up construct of generalities.

[Lord Khan of Burnley (Lab)]

I am sure I did not say, “Rely on us on the night”, but I did say that the Select Committee itself acknowledged that the work on the restoration and renewal programme will not start until 2029 at the earliest—that is my point. However, I said to the noble and learned Lord, Lord Hope, and the noble Lord, Lord Vaux, that, because of the specific interest, I am happy to sit down and understand more of their concerns.

[Baroness Deech (CB)]

I had hoped for an answer from the Minister about the atmosphere to surround a memorial. Can one imagine, for example, the Cenotaph or any other dignified war memorial in this country being right in the middle of a building site with, as I said, concrete mixers, builders drinking their cups of tea, and the dirt, dust and noise? Why is that okay for a Holocaust memorial when, I submit, it would not be contemplated for a moment in relation to any other holy commemorative or significant religious site anywhere else in the world, let alone in this country?

[Baroness Blackstone (Lab)]

My Lords, I will add to what the noble Baroness has just said. The Minister made clear that he wants the experience of visiting this Holocaust memorial and learning centre to be valuable from an educational point of view. I do not think that any teacher would be particularly happy about bringing their older primary school pupils or younger secondary school pupils to an environment like this. It is not a good learning environment. There are obviously so many other much better places for this to happen than a small park that will be used—not for ever but for quite a long period—as a base for building a renewed Palace of Westminster. It just does not make any sense. Will the Minister take this issue back and discuss it again with his colleagues to see whether some change of mind can result from it?

[Lord Khan of Burnley (Lab)]

My Lords, I have finished my contribution and just want to ask the noble Baroness to withdraw her amendment.

[Baroness Deech (CB)]

I have no option.

--- Later in debate ---

[Baroness Scott of Bybrook (Con)]

My Lords, I thank all noble Lords on all sides for their many powerful and often moving speeches throughout the whole of this Committee.

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

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

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

[Lord Khan of Burnley (Lab)]

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

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

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

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

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

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

[Baroness Deech (CB)]

I really do not understand; there are too many contradictions here. The noble Baroness, Lady Scott—presumably speaking for the Tories when they were in government—said quite plainly that it will include Cambodia, Rwanda, Bosnia and Darfur. I just do not understand what is meant by projecting the Holocaust on to other catastrophes. There are legal aspects but, as far as I know, this will not be an exhibition devoted to the legal meaning and development of the concept of genocide—although one could have a huge exhibition on that. I simply do not understand.

[Lord Khan of Burnley (Lab)]

My Lords, I do not want to repeat the arguments; I have laid them out very clearly.

Yad Vashem has been mentioned numerous times across the Committee for its excellent content. Having Yehudit Shendar, formerly of Yad Vashem—to be supported by an academic advisory group—will ensure that the content is robust and credible and reflects the current state of historical investigation into, and interpretation of, the Holocaust. I respectfully ask the noble Lord, Lord Blencathra, to withdraw Amendment 32.

I thank the noble Viscount, Lord Eccles, for his Amendment 38A. I welcome the opportunity that it presents to draw attention to the report he mentioned, Britain’s Promise to Remember, which was published in January 2015 by the Prime Minister’s Holocaust Commission. The commission, set up with the active participation of all the main political parties, conducted an extensive investigation into the state of Holocaust commemoration and education.

Rereading the report and its conclusion is a valuable exercise that can help remind us all of the context of our debates on this Bill. In his foreword, the chair of the commission, Mick Davis, recorded the statement of his fellow commissioner, Chief Rabbi Ephraim Mirvis, who saw the commission’s work as

“a sacred duty to the memory of both victims and survivors of the Holocaust”.

The report reminded us that:

“The Holocaust was … a catastrophe for human civilisation”.


It is very clear that the commission conducted its work with a full and clear knowledge of the depth of its responsibility.

At the heart of the commission’s report was the recommendation that

“there should be a striking new memorial to serve as the focal point of national commemoration of the Holocaust. It should be prominently located in Central London to make a bold statement about the importance Britain places on preserving the memory of the Holocaust. This will stand as a permanent affirmation of the values of our society”.

This recommendation was accepted by the then Prime Minister in 2015, with cross-party support. Each subsequent Prime Minister has given the same commitment. The current Prime Minister, the right honourable Sir Keir Starmer MP, has unequivocally committed his Government to fulfilling that promise.