Holocaust Memorial Bill

Debate between Baroness Walmsley and Lord Khan of Burnley
Lord Khan of Burnley Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Lord Khan of Burnley) (Lab)
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My Lords, it has been my great privilege to steer this Bill through the Lords. I thank all noble Lords who have dedicated so much of their time to scrutinising the Bill. I hope I have demonstrated my personal commitment to seeing it passed through my engagement with noble Lords from all sides of the House. Through this Bill, the Government are moving a step closer to delivering on the long-standing commitment to build a national Holocaust memorial and learning centre next to Parliament, where it rightly belongs.

As has often been repeated throughout the Bill’s passage, this commitment has cross-party support and the endorsement of every living Prime Minister, as well as the support of leading representatives of the Jewish community, other faith and community leaders, survivors and the wider public. The most important group of supporters is, without doubt, the Holocaust survivors, who have dedicated their lives to sharing their testimony so that the truth of what happened in the darkest, most appalling period of history is understood and remembered. I was delighted to see the Holocaust survivor Manfred Goldberg, whom I met in February and who is a firm supporter of the memorial, receive a well-deserved MBE in the King’s Birthday Honours List. We owe it to survivors to ensure that there is a permanent memorial to honour the 6 million men, women and children who were murdered in the Holocaust, together with a learning centre, so that they can be confident their testimony will live on for decades and centuries to come.

The Bill has been amended to include a new clause on the purpose of the learning centre. As I said on Report, I am sympathetic to the intentions of this amendment, but it will now be for the other place to consider the amendment and respond. I thank the noble Baroness, Lady Scott of Bybrook, for her unstinting support for the Bill, and the many noble Lords—I will not mention them all—who have spoken so passionately throughout its passage. I particularly thank the noble Lord, Lord Pickles, for his unwavering support. I cannot mention every civil servant, but all my officials have been instrumental behind the scenes.

I finish by quoting the words of Dov Forman, the great-grandson of Lily Ebert, a most remarkable Holocaust survivor. His words encapsulate what we want to achieve by creating the new national memorial and learning centre:

“With education comes remembrance—this memorial will give people somewhere to remember and reflect. When we no longer have survivors like Lily among us, this memorial will help to ensure that their experiences are never forgotten. We can create the next generation of witnesses”.


Lily has since sadly passed, in October 2024 at the age of 100. We now need to get this memorial and learning centre built so that we can indeed create the next generation of witnesses. I beg to move.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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My Lords, I thank the Minister for his courtesy during the passage of the Bill and congratulate the noble Baroness, Lady Deech, on her leadership of those of us who felt there were problems with it. I thank all those who pointed out the risks and drawbacks of the choice the Government have made about the location of the learning centre and express a hope that, on reflection, the Government may in time make a different choice.

Holocaust Memorial Bill

Debate between Baroness Walmsley and Lord Khan of Burnley
Lord Khan of Burnley Portrait The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Lord Khan of Burnley) (Lab)
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I thank the noble Lords, Lord Carlile and Lord Inglewood, and the noble Baronesses, Lady Walmsley and Lady Laing, for Amendments 3 and 10. I was saddened to hear the news of the passing of the noble Lord’s sister, Renata. May her memory be a blessing.

I also offer my thanks for the work done by the late Lord Etherton on the Select Committee, and thank all the other members of the Select Committee for their work.

These amendments would require a report to be produced on the security impacts of the Holocaust memorial and learning centre and would require both Houses of Parliament to approve the report before work on the memorial and learning centre could proceed. The noble Lord, Lord Carlile, has been a strong advocate of the need to give careful consideration to the security impacts of the Holocaust memorial and learning centre. I am grateful to him for his persistence in bringing these matters to the forefront of our debates throughout the passage of the Bill, and for meeting me several times to discuss the security impacts—as well as the performance of Burnley Football Club this year. The noble Lord and I share a history of being brought up in Burnley.

The noble Lord was kind enough, as he has already indicated, to provide me with a set of questions for discussion with security advisers. I was glad to take the noble Lord’s advice, and I did exactly as he proposed. The questions were shared and discussed with the UK Government security services and the Metropolitan Police. I have written to the noble Lord with the responses I obtained from our security services, and I have placed a copy in the Library of the House. I know that noble Lords across the House will be grateful to the noble Lord, Lord Carlile, for formulating his questions, and I believe they will be reassured by the answers. If noble Lords will forgive me for taking a little time over these important matters, I will set out the main points from my discussion with security experts.

As a starting point, let me immediately acknowledge that the noble Lord, Lord Carlile, is quite right to point out that the Holocaust memorial and learning centre will face threats. Protestors with a range of motivations, including some who will be prepared to use violence or terror, will see the memorial and learning centre as a potential target. This sad truth has been recognised since the inception of the project. In response, the Government—both this Government and its predecessors—have done what I know the great majority of Members of this House would expect to be done. We have sought to ensure that the memorial and learning centre is designed and planned such that it can be operated safely and securely. In other words, we have sought to ensure that the proper, legitimate activities of our free, democratic society can continue. That is the approach the experts from the Metropolitan Police, UK Government security advisers and the Community Security Trust have all told me is the basis of their work.

On the design, acting on the advice of those experts we have incorporated features, including carefully designed barriers to protect the gardens against hostile vehicles. There will be an above-ground security pavilion and appropriate CCTV infrastructure, with a security control room.

On operations, we will make sure that the staff are trained to the highest standards, including in ways of working with the police. The advice of UK Government security advisers and the Metropolitan Police has been hugely valuable in developing our proposals, and we will continue to follow that advice as we construct and operate the memorial and learning centre.

Many noble Lords have questioned whether the threats would be lower if the memorial and learning centre were constructed in a less prominent location. We have to acknowledge—again, with sadness—that the advice from security professionals is that a Holocaust memorial would be seen as a target wherever it is located. From a security perspective, as my conversations have confirmed, placing the memorial and learning centre in Victoria Tower Gardens brings significant benefits. Within the government security zone, the memorial will benefit from many additional layers of security, including a police rapid-response capability.

Some have questioned whether the memorial would bring additional risks to the Palace of Westminster. When I have put this point to the security services, the clear response has been that the palace, by its very nature as the seat of government and a symbol of our democracy, faces potential threats. Establishing a national Holocaust memorial in Victoria Tower Gardens would not significantly change the nature or severity of those threats, nor require additional measures in response. I fully recognise, of course, that the security implications of the Holocaust memorial and learning centre demand to be considered carefully. It is right that noble Lords should insist that proposals are developed in the light of the best available advice and the clearest understanding of threat.

I am immensely grateful to the police and our security services for the detailed advice they have provided over several years on the development of our scheme, for the meetings and discussions held with me in recent weeks, and, of course, for the tireless ongoing work of those organisations keeping us safe. To clarify, at the meeting to which the noble Lord alluded, the question that was asked of the security advisers and the Met Police was whether the security experts agreed with this amendment. Of course, you would expect the security advisers not to get involved in the political procedures of Parliament.

No scheme for a Holocaust memorial and learning centre could or should proceed without full recognition of the importance of security and full consideration of the best available evidence. I am confident that the arrangements for obtaining planning consent already ensure that security will be given proper consideration. The views of the UK Government security advisers and the Metropolitan Police will be sought, and any reservations or objections would be very apparent to the decision-making Minister and must be taken into account.

I will clarify some of the points made by the noble Baroness, Lady Walmsley, on the planning application arrangements. The situation in which a planning application needs to be decided by a Minister in the department promoting the application is by no means unique and arises also in local government; the noble Lord, Lord Pickles, alluded to some examples he was involved in. The special arrangements for handling the planning application were subject to a High Court challenge in 2020. The court required the department to make some minor adjustments to reflect specific relevant provisions and to publish the handling arrangements, which were of course done. Otherwise, the court was content that the handling arrangements were proper and lawful.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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Can the Minister tell me whether the precedent he cited was also a situation where the proposer was in a position to remove a major barrier of protection to the site where they wanted to put the proposed development? The Government can do that as well, under Clause 2.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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The purpose of Clause 2 is to disapply the London county Act of 1906. That is why we want to push forward with the project. I reassure the noble Baroness that, subject to the Bill passing, this will be treated as a serious issue. The entire proposed project will be subject to full scrutiny and accountability, and will go through the full planning process that the designated Minister will determine. There will be plenty of opportunity for noble Lords to raise points about a number of issues, including security. Many points about planning were raised tonight, but I believe that this is the wrong forum for them.

I turn to the question asked by the noble and learned Lord, Lord Hope. We gave an undertaking that we would consult further on security and provide information to Parliament, and we will certainly do that.

The noble Baroness, Lady Deech, mentioned queues. I reassure her that the ticketing and checking strategy is designed to avoid queues building up in the gardens.

Moreover, we have given a clear undertaking to the Select Committee that updated evidence on security will be provided and that we will consult on security matters with the corporate officers of the House of Commons and the House of Lords, the Community Security Trust, the Metropolitan Police, the National Protective Security Authority and Westminster City Council. We have undertaken that the updated evidence and the views of all these bodies, subject only to the redaction of any information that should be confidential for security reasons, will be placed in the Libraries of each House. The proposed amendment is not therefore necessary as a means of generating information about security or as a mechanism for ensuring that security is given proper consideration. The practical effect of the amendment would be to cause delay and to create uncertainty about the progress of the scheme.

I will repeat one final point about the amendment that was put to me with great force when I was preparing for this debate. Our response in this country to the threat of violence has never been to shrink from carrying out the normal, legitimate activities of a free society. We know that there are threats. In response to those threats, we plan, we prepare and we seek to protect our citizens from harm as they go about their lives. We should not send the message—which, with respect, I believe this amendment would send—that our approach is changing, that we fear we cannot protect our citizens and that, in the face of the threat of violence, we should place a Holocaust memorial somewhere less prominent.

Are we prepared to say that, in Britain today, visitors to a Holocaust memorial next to the seat of government cannot be protected? Are we willing to concede to the perpetrators of violence that a memorial established as a lasting reminder of a time when the Jewish citizens of Nazi Germany were denied the protection of the law and subject to appalling violence and persecution by their own Government cannot be placed next to our own Parliament? I do not think that this House would want to be associated with such a message. I therefore ask noble Lord not to press Amendments 3 and 10.

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Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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My Lords, let me clarify my comments, because that was a slight misinterpretation of what I said in Committee. I said then that the designated Minister would decide how we would take the planning process forward. As part of a number of options, there could be written representations, there could be a consensus by having a round table—though I doubt that that would happen, on the basis of this debate—and there could be a public inquiry. That is entirely the decision and prerogative of the designated planning Minister, and it is part of the planning process, from which we are totally detached.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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My Lords, the Minister’s answer is extremely ambiguous.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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With respect, I strongly disagree with the noble Baroness. The application is live. Subject to the passing of this Bill, there will be a new planning process, when the designated Minister will decide what he will take forward.

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Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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I thank the noble Baronesses, Lady Walmsley, Lady Fookes, Lady Finlay and Lady Blackstone, and the noble Lord, Lord Clement-Jones, for Amendments 11 and 12. I agree wholeheartedly about the importance of the topics that these amendments raise. When constructing any new public building, flood and fire risks and the evacuation strategy must be given the most careful attention. I assure the House that these risks have been considered in depth throughout the development of our proposed design and that there is no possibility of planning consent being granted unless proper provision has been made. No building project can be taken forward unless it complies with extensive regulations relating to flooding, fire and evacuation.

Extensive information about the Holocaust memorial and learning centre considered at the planning inquiry remains publicly available on Westminster City Council’s website. Over 6,400 pages of information relating to the detailed design and the history of the project were published as part of the planning inquiry. Noble Lords interested in the fire and flood risk provisions can see the relevant documents and study them in detail.

We would not be proceeding with a design that we believed exposed visitors to an unacceptable risk. The proposal has been subject to significant scrutiny to ensure that it is compliant with all the relevant regulations. As we develop and implement operational plans, we will of course continue to draw on expert advice and make sure that those plans comply with all relevant standards. The report prepared by the independent planning inspector in 2021 provides a good account of the scrutiny to which the proposals were subjected.

No flooding objections were raised by the Environment Agency or by Westminster City Council at the inquiry. The London Fire Brigade is content with the fire safety arrangements. Let me summarise the key points that demonstrate how seriously we take this matter. Flood risk was indeed identified as a matter for particular consideration when the planning application for our proposal was called in in 2019. The independent planning inspector gave particular attention to flood risk in considering the application. He held a round-table discussion involving interested parties and covered the matter in depth in his report.

London already has significant flood defences. The inspector noted that London is well defended against the risk of tidal flooding. He considered the risk of breach flooding to be extremely remote and believed that flood risk over the lifetime of the development would be acceptably managed. Planning consent was initially granted in 2021, with specific conditions requiring the development of a strategy for maintaining the river wall and the development of a flood risk evacuation plan. I would expect that any new planning consent would have the same or similar conditions attached. I hope I have made it clear that this is a matter we take seriously but it is, as I have said, a matter for the planning application and is subject to detailed scrutiny by appropriate experts.

When it comes to safety, fire is obviously a matter of the first importance. I reassure noble Lords that fire safety has been given close attention throughout the process of designing the proposed Holocaust memorial and learning centre. The information provided with the planning application included a detailed report on the relevant parts of the building regulations and set out how the proposed structure would meet those regulations. To pick up on one detail which some noble Lords may be interested in, the proposal includes both main and secondary escape routes from the underground space.

When the planning application was initially approved, a specific condition was agreed that a fire escape plan would be agreed with the local planning authority, Westminster City Council, before the development could take place. There can be no doubt that the fire safety arrangements proposed for the Holocaust memorial and learning centre will be subject to proper professional scrutiny and no possibility of development taking place if those arrangements are not approved.

These are important matters which I take very seriously and I make no criticism at all of noble Lords who want to be reassured about the arrangements for mitigating fire and flood risk and wanting to ensure that the learning centre has appropriate means of escape. But I also emphasise very strongly that the statutory processes for considering any planning application and ensuring compliance with building regulations are robust mechanisms for addressing fire risk, flood risk and evacuation measures. The Bill does not seek to provide an alternative route for obtaining the authority to build a Holocaust memorial and learning centre.

To conclude, the Government and indeed the previous Government have been crystal clear that the Bill does not remove the need to obtain planning and building regulations consent, with all the detailed and expert scrutiny that requires. Amending the Bill to replicate or interfere with the planning process is therefore unnecessary. I ask the noble Baroness to withdraw Amendment 11.

Baroness Walmsley Portrait Baroness Walmsley (LD)
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I thank the Minister for his reassurances. I hope that the future planning process, whatever it is, decided on by the proposer, of course—yes—is a good deal more robust on this matter and with a great deal more detail than the previous one. I sincerely hope I never have need to say, “I warned you, I told you so”. With that, I withdraw the amendment.

Holocaust Memorial Bill

Debate between Baroness Walmsley and Lord Khan of Burnley
Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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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 Portrait Baroness Walmsley (LD)
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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 Portrait Lord Khan of Burnley (Lab)
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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.