Holocaust Memorial Bill

Lord Harper Excerpts
Lord Pickles Portrait Lord Pickles (Con)
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I remind my noble friend that, in Committee, I ticked him off by saying that, if planning permissions are taken by political groups, it is illegal. A planning authority has a right and an applicant has a right. Frankly, his objection that the political parties had a vote is entirely bogus and entirely wrong, and would be grounds for overturning the decision of Westminster Council. I say that as someone who was responsible for planning for five years.

There is a strong reason why the two buildings should be co-located. This is likely to be a memorial of not just national significance but global significance. It is the view of Yad Vashem—the Israeli Holocaust museum—of Auschwitz, and of the American holocaust memorial that this will be the most visited Holocaust museum in the world and will play an enormous part in pushing back against Holocaust distortion. That is an important reason.

I take the point that this is not a Second Reading debate. In conclusion, there is a strong reason why we should not place a figure on this. Members will recall that, very sadly, at the first meeting of the Committee, the Committee got itself into all kinds of hot water when a Member—inadvertently, I think—repeated an antisemitic trope, suggesting that the Jewish community should pay more because they were rich people. This amendment seeks to achieve exactly that. If the amount is limited, there will be a shortfall of £46 million, and by implication that has to come from the community and beyond. Given what happened in Committee, it is singularly unfortunate. I do not believe for one moment that that was my noble friend’s intention, but you do not get an opportunity to explain the motivation of noble Lords in this House when it goes out to the public. There is a grave risk, should we put this to the vote, of unfortunate motivations being ascribed to your Lordships’ House.

Lord Harper Portrait Lord Harper (Con)
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My Lords, I will briefly speak to this amendment. As a former Secretary of State for Transport, I have some knowledge of construction projects, the time they take and the reasons why costs may escalate. There is a decision for people to make, and I strongly agree with what my noble friend Lady Harding of Winscombe said.

Looking at the Explanatory Notes, I reminded myself of just how long ago my noble friend Lord Cameron first proposed this project; it was when I was in government as an Immigration Minister. That seems a very long time ago, because it was. It is not surprising, given the passage of time, that the costs set out then will clearly be much larger now.

I am a great supporter of spending public money wisely, and I have listened carefully to all the comments and concerns that people have made. I will not ascribe motives for this amendment; all I will say is that the Minister needs to reassure the House that, if this Bill proceeds—and if the memorial and the learning centre are approved and constructed, as I very much hope they are—the Government need to put in place strong controls to make sure that public money is spent wisely.

Also relevant to the many construction projects for which I have been responsible in government is that costs escalate partly because it takes a long time before the design and content of those projects are finalised. In part, it is parliamentary processes—which are perfectly good and understandable—that then cause the cost to escalate. The most obvious example of that in the projects for which I was responsible—part-way down the track—was HS2. People complain about how much that cost, but part of the reason it cost so much was that both Houses of Parliament—it, too, was a hybrid Bill—altered the design and put lots of extra requirements into it. Members of the other place and of your Lordships’ House then expressed surprise that the cost had escalated. I very much want to get on and build this memorial and learning centre, and the more delays there are and the more we debate what it looks like and where it goes, the more the cost will increase.

Finally, I strongly agree with what my noble friend Lady Harding said: putting a figure in nominal terms in the legislation is unwise. We have existing processes, including the National Audit Office and the various structures that the Government have for managing major projects. They are not perfect, but we need to make sure that those structures are used. Ministers must be accountable to both this House and the House of Commons in regularly reporting and accounting for themselves, and we must be able to ask them questions. I suggest that this is an unwise amendment, and I hope that it is not accepted and added to the Bill.

Lord Sassoon Portrait Lord Sassoon (Con)
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My Lords, I was not going to speak to this amendment, but I believe that my noble friends Lady Harding of Winscombe, Lord Pickles and Lord Harper have misunderstood—I would not say misrepresented—what the amendment is all about. I declare my interests in coming from a family in which my mother’s German Jewish family lost members in the Holocaust, and in which my great uncle, who came to this country, founded the Jewish Refugees Committee, which organised the Kindertransport. I also speak as a former Treasury Minister; that is how I look at the numbers and what the amendment seeks to do.

As I understand it and read it, my noble friend Lords Eccles is as concerned as I am and many others are that we have had no up-to-date or credible figures from the Minister, throughout the various stages of the Bill, as to what the current costs are. The latest costs, I think, go back at least two years, and we have heard what has happened to the costs since then. As a House, we need to understand what the more recent estimates are.

As I read it, this amendment puts a cap on the public contribution to this, but does not, as my noble friends have just said, or implied, cap the total cost of the project—if my noble friend tells me I have got it wrong, I will sit down. Speaking as a former Treasury official and Minister, I say that we need a bit of discipline on this project. It is not going to cap the total cost of the project and, unless the Minister is able to give us more credible figures to explain the latest thinking about the split between the private and public sector contributions, I would be fully supportive of my noble friend Lord Eccles’s amendment, because it puts some necessary financial discipline on the project but will in no way—as my noble friends have said, and they can come back at me if they want to—cap the total expenditure that could be incurred on the project.

Holocaust Memorial Bill

Lord Harper Excerpts
Lord Evans of Rainow Portrait Lord Evans of Rainow (Con)
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My Lords, this amendment would require further reports on security to be prepared and debated in both Houses before any proposed memorial or learning centre can proceed. But it is already being debated at great length in the House of Commons and has overwhelming cross-party support. This is a revising Chamber, so we can discuss revising it.

The noble Lord is saying that there has not been a sufficient amount of time on security, but I beg to differ. From the very beginning, security has been an important consideration in the design of the memorial and learning centre. It was made clear, including in the planning inquiry nearly five years ago, that the threat of terrorism or violent protest was recognised. It has never been the approach of this country to abandon the legitimate activities of free society simply because of the threat of terrorists and violent protesters. The noble Lord is right to point out what happened recently with the protesters outside the entrances into Parliament, and everybody agrees with that. But that is not necessarily a reason to block this proposal.

The memorial and learning centre have been designed be safe and secure. Advice from the National Protective Security Authority and the Metropolitan Police has led to significant measures, including the above-ground pavilion and the hostile vehicle mitigation measures protecting the gardens. My understanding is that there will not be blockages or security at the entrances to the park, but at the entrance to the actual memorial there will be airport-style security. You will not be able to just turn up; you will have to book in advance online.

The chosen site within the government security zone is better protected than any other plausible sites that have been mentioned. The proximity of the Holocaust memorial will make no difference to the scale or nature of the threat to the Palace of Westminster, nor to the security measures required. The Palace is very well protected, notwithstanding what happened the other day. Security matters have been and will be fully considered within the planning process.

The amendment would achieve only a delay, and would signal a weakness, telling the world that the UK was not prepared to place a Holocaust memorial next to Parliament for fear of attack. Consider who would be most pleased with that sort of message. Perhaps I might quote an expert in such matters:

“In conclusion, while it is impossible to eliminate all risks, the security measures planned for the Holocaust Memorial and Learning Centre are comprehensive and have been developed with the highest standards of safety in mind. The Memorial’s location next to the Houses of Parliament should not be seen as a vulnerability but rather as a testament to our commitment to remembering the Holocaust in a prominent and respectful manner”.


That was written by a Member of this House, the noble Lord, Lord Stevens.

Lord Harper Portrait Lord Harper (Con)
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My Lords, I greatly respect the experience of the noble Lord, Lord Carlile, in reviewing terrorism legislation, but I think that on this particular issue he is wrong. I come to that judgment from having had some responsibility in the past, both as a Home Office Minister and most recently as Secretary of State for Transport, where I had responsibility for the security of aviation, maritime and our transport systems, including here in London.

I listened carefully to the noble Lord’s speech. First, on the planning process, clearly the design of the learning centre is, appropriately, taken account of in the planning process. As my noble friend has just said, advice was taken from the appropriate authorities in the design of the learning centre, and that was appropriate. Protecting it on a day-to-day basis would rightly be the responsibility both of the Metropolitan Police and of our other agencies. Having worked closely with them, I have enormous confidence in their ability to do that.

As to the noble Lord’s point about any change in the threat to the Palace of Westminster, first, he drew attention to the large number of visitors that would be expected to go to the learning centre. I draw to his attention the fact that around 1 million people a year visit the Palace of Westminster, whether as visitors or to meet their Members of Parliament. So a very significant number of members of the public already visit this part of London.

One of the challenges that all our security authorities have in a democratic country is balancing the necessary protection of your Lordships, Members of the House of Commons and all those who work in this building, with maintaining the appropriate access to a democratic institution for members of the public. A number of public servants work in this building, on the estate, in our security services and in the Metropolitan Police. They work every day—sometimes, as the noble Baroness, Lady Walmsley, referenced, at great personal risk to themselves—to keep us safe, but also to enable members of the public to have access to their democratic institutions. I have every confidence that they will continue to do that job. I do not think that that is an appropriate subject for a report for us to consider. Those threats are monitored and dealt with on an ongoing basis.

My final point is a slightly more worrying one. The logical conclusion of what both the noble Lord and the noble Baroness, Lady Walmsley, said, is that we would not have a learning centre anywhere. Even if there is such a threat in having a learning centre that it would be, as I think the noble Baroness said, a “lure” to those who wish people ill, in a democratic country we have to say at some point, “We have values and we want to build such a centre”. The correct thing to do is to make sure that it is properly protected, not to say that, because people might threaten it, we are not going to build it. That would be the wrong conclusion to draw.

The subsequent point is this. The fact that the noble Baroness said that having such an education centre would provoke this sort of reaction demonstrates to me the absolute necessity of building one, and of building it next to this democratic institution. If building a centre that reminds us of the Holocaust, and of our wish for nothing like that ever to happen again, truly provokes the worst in other people, that demonstrates to me the necessity to do it and to get on with it—and there is no better place to locate it than next to the democratic institution that represents this country. I urge noble Lords, if the noble Lord chooses to divide the House, to reject his amendment.

Baroness Deech Portrait Baroness Deech (CB)
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My Lords, the promoters of this project have said over and over again that they interpret our objections as being, “You can’t build a Holocaust memorial anywhere”, but that is not what it is about. The point is that you build it but you have to take into account the consequences on the immediate surroundings and the visitors of where and how you build it.

I do not share the absolute confidence of the promoters on the security. We know, for example, that for over a year those who care about security have asked the authorities to move the police from their comfortable spot at the foot of the escalators to Portcullis House out into the Tube, and they have not done it—after repeated requests. We have heard of other instances.

What noble Lords have not taken into account is protests. The Metropolitan Police and other police have not done well in balancing the right of protest against security. One end of the park is going to be wide open, and you can well imagine the hundreds or thousands of protesters, as has already happened, entering and waving flags, with their cans of red paint. There will be no one to stop them; they can go right up towards the mound and throw something or sail along the river and throw something. The police, to judge by their lack of action against protesters in Jewish areas of London and elsewhere, will say that the right of protest is more important than the need for the memorial to be quiet, sacred and respected.

We should also remember the children, unfortunate little ones, playing in the playground exactly where people queue. It is also well known that queues are a vulnerable spot for terrorists. There will be queues of people waiting to get in—sitting ducks, along with the children in the playground, which will be most unfortunate. There will be off-putting armed guards at one end, and free entry at the other. The record of the police and this Government on protecting Jewish people and Jewish students on campus since 7 October has been dire, and this cannot mean safety for gatherings in Victoria Tower Gardens.

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Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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I thank the noble Lords, Lord Verdirame and Lord Goodman, and the noble Baroness, Lady Deech, for Amendment 4, together with Amendment 4A, which, in addition, has the support of the noble Baroness, Lady Scott of Bybrook.

This proposed new clause is similar to one proposed by the noble Lords, Lord Blencathra and Lord Robathan, in Committee. I note that this proposed clause has removed the word “Nazi”, taking heed of the warning of the noble Lord, Lord Pickles, that the Holocaust was not perpetrated by the Nazis alone.

I have a good deal of sympathy with the objectives behind this amendment. As noble Lords will be very well aware from earlier debates, it is the strong and clear intention of the Government that the learning centre should be focused on the history of the Holocaust and of antisemitism.

The new clause is no doubt well intentioned, but it is overly restrictive and may have unintended consequences. First, the new clause is unnecessary. The Bill clearly refers to a memorial commemorating the victims of the Holocaust. The Bill also clearly states that it is about a Holocaust memorial, not a memorial to all genocides or to crimes against humanity. No Holocaust memorial and learning centre could exist without a clear understanding of the roots of antisemitism.

From the start, we have been very clear that to understand the devastation of the Holocaust on European Jewry, it is crucial also to understand the vibrancy and breadth of Jewish life before the Holocaust. We have been very clear about the concept of genocide and how it relates to the Holocaust. The Holocaust is the lens through which we view the development of international law on genocide and on human rights.

The modern understanding of genocide was developed in the context of the Holocaust. Indeed, the term itself was put forward by a Jewish lawyer working in the shadow of the death camps and involved in the attempt to achieve justice at Nuremberg. We will focus on the impact the Holocaust had on the emergence of the concept of genocide and the associated international legal frameworks. We will not, as some have claimed, relativise the Holocaust by equating it with other genocides. The learning centre will not portray the Holocaust as simply one among many episodes of inhumanity and cruelty, nor will it aim to communicate bland, generic moral messages. The Holocaust was a unique event among the evils of this world and will be treated as such. The learning centre, integrated with our national memorial, will provide a solid, clear historical account of the Holocaust, leaving no visitors in any doubt about the unprecedented crimes perpetrated against the Jewish people. 

I was pleased to offer noble Lords an opportunity to hear direct from Martin Winstone, the Holocaust historian and educator who is supporting development of the learning centre content. I appreciate the comments of the noble Lords, Lord Goodman and Lord Verdirame, and I wish we could have had our conversation much earlier in advance of the debate tonight, but, unfortunately, we did not have the opportunity. Those who were able to attend the session last week will have heard unequivocally that the focus is on the Holocaust and its devastating impact on Jewish communities across the world.

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. With their help, we will ensure the content is robust, truthful and fearless. It will stand as a vital rebuttal of Holocaust denial and distortion in all its forms.   

I hope I have shown that there is no disagreement between the Government and those who wish to ensure that the learning centre focuses very clearly on the history of the Holocaust. I am not, however, persuaded that additional clauses to the Bill are needed to achieve what we all want to see. Moreover, there are inevitably risks in seeking to prescribe too narrowly what the learning centre is permitted to do.

Lord Harper Portrait Lord Harper (Con)
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I have been listening very carefully to the Minister, and I completely accept what he is saying about his and the Government’s position on what he wants the learning centre to do, but can he address the question raised by several of my noble friends: what happens if there is a different Government and a different Minister with a different policy? Does anything in the Bill as drafted prevent a Government with a different policy—we have heard several examples of how that might come about—altering the focus of the learning centre? I do not doubt that he is sincere and in complete agreement, but it is about guarding against a future change. That is what noble Lords are trying to guarantee.

Lord Khan of Burnley Portrait Lord Khan of Burnley (Lab)
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If the noble Lord will allow me, I will address his point towards the conclusion of my speech.

I have mentioned the academic advisory group, and this is a good opportunity to tell the House who is in it: Ben Barcow CBE, who worked at the Weiner Holocaust Library from 1987 to 2019; Gilly Carr, professor of conflict archaeology and Holocaust heritage at the University of Cambridge; Robert Eaglestone of Royal Holloway College, professor of contemporary literature and thought and former deputy-director of the Holocaust Research Institute at Royal Holloway; Zoe Waxman, mentioned by the noble Lord, Lord Evans, who is professor of Holocaust History at the University of Oxford; Isabel Wollaston, who is professor of Jewish and Holocaust studies at the University of Birmingham; and my good friend Dr Paul Shapiro.

Before I come back to finish on the points raised by the noble Lord, Lord Harper, I hope I have shown that there is no disagreement between the Government and those who wish to ensure that the learning centre focuses very clearly on the history of the Holocaust. I am not, however, persuaded that the proposed additional clauses are needed in the Bill to achieve what we want to see. Moreover, there are inevitably risks in seeking to prescribe too narrowly.

I suspect that many noble Lords would expect the learning centre to address, at least to some degree, the history of Jewish communities ahead of the Holocaust. I believe also that there would be support for some activities in the learning centre to be focused more on commemoration than on education. Neither of those matters is explicitly and obviously permitted by the proposed new clause. I say that as a direct answer to the noble Baroness, Lady Harding.

We know, sadly, that the activities of the Holocaust memorial and learning centre will face a good deal of opposition and hostility. I am very reluctant to provide additional opportunities for legal challenges and for inviting the courts to get involved in determining what can or cannot take place in the learning centre.