Parliamentary Buildings (Restoration and Renewal) Bill

Committee

Clause 1: “The Parliamentary building works”

Amendment 1

1: Clause 1, page 2, line 1, leave out from “Westminster” to end of line 2 and insert “at the earliest opportunity that its work and democratic and constitutional functions can reasonably be delivered in the restored Palace.”

My Lords, it is with great pleasure that I open the Committee stage of this Bill. My noble friend Lady Smith—who, as the House will know, was a member of the original Joint Committee and spoke with her usual eloquence and depth at Second Reading on behalf of these Benches—unfortunately has other commitments and cannot be here until later but is very much hoping to join us as soon as possible. Meanwhile, my noble friend Lord McNicol and I are holding the fort.

I am moving Amendment 1 and speaking to Amendment 16, both of which are in my noble friend’s name. It is right that we start today with amendments to Clauses 1 and 2 that aim to ensure and reiterate that the core purpose of the restoration and renewal programme must be to enable the Houses of Parliament to continue to serve as the UK’s primary legislative and democratic institution.

Clause 2 lists areas to which the sponsor body must have regard, but the work of Parliament, legislation and the representative democratic function is not referred to anywhere in the Bill. As my noble friend Lady Smith said at Second Reading,

“That is a serious omission. At no point should the sponsor body … lose sight of that”.—[Official Report, 8/7/19; col. 1675.]

Our amendments seek to remedy this. The House will be aware that, as this project progresses, it is vital that we bring the public and Parliament with us. We must make both aware that the works are imperative not only to preserve this historic building for future generations but to ensure that this country can long benefit from its constitutional role.

By stressing the significance of the works for the sanctity of democracy, we can better demonstrate that the costs and work involved are vital and necessary, and we help address and dissuade notions that this is only for the benefit of parliamentarians. Safeguarding Parliament’s role in our constitution is of vital benefit to everyone in the UK. Through these amendments, this House can do more than send this message; we can ensure that this principle is at the forefront of consideration for the sponsor body as works progress.

My Lords, I am happy to speak in support of the amendment that has just been so ably moved by the noble Baroness, Lady Wheeler. It is important we remember that the principal functions of this place are its constitutional, legislative and scrutiny functions. That should not be forgotten. That said, in many of the debates we will have in Committee, we will remember many of the other things that happen in this place. I was going to say it is a village; it is probably larger than that in terms of the number of people who work here. However, at the end of the day, if it were not for the democratic and constitutional functions that take place, most of that other work would not materialise.

Although it is not one I signed, possibly through omission rather than as a deliberate act, the words “at the earliest opportunity” in Amendment 1 are important, because there is an urgency in this: both in starting now and, when the works start, in getting back in as soon as possible. Throughout the whole process, it is important that we try to maintain the pace. We will come later to an amendment I have tabled about timelines. We all know from large public works that there is often a tendency to delay, but I hope that once we get out it will not be very long until we get back in.

My Lords, any amendment which improves the Bill is obviously a good thing, but I was not clear from what my noble friend said how this amendment does so. It is not clear to me how the words,

“as soon as is reasonably practicable”,

and,

“at the earliest opportunity that its work and democratic and constitutional functions can reasonably be delivered in the restored Palace”,

are in any way different. Could my noble friend answer that when she responds?

My Lords, I am grateful to the noble Baroness, Lady Wheeler, for moving the amendments in the name of the noble Baroness, Lady Smith. I am also grateful to the noble and learned Lord, Lord Wallace of Tankerness. The Government entirely agree that it is important for the sponsor body and delivery authority to ensure that the R&R works enhance and protect the work of Parliament. This focus is reflected in the fact that the Bill requires that the majority of the members on the board of the sponsor body are parliamentarians.

As part of its strategic vision for the programme, the shadow sponsor body has been clear that restoration and renewal must deliver a building that supports Parliament’s core function as a working legislature both now and in the future, using high-quality design and technology. This includes facilitating any procedural changes that may be requested by either House.

When drafting the Bill, the Government have been careful not to prescribe either what Parliament does or its procedures, as these are clearly a matter for Parliament itself. We are concerned by the reference to the “democratic and constitutional functions” of Parliament in this amendment, as we are mindful of potential legal challenges in respect of the exercise of the powers contained in the Bill. For instance, we must be careful not to unintentionally invite the courts to consider matters that are the preserve of Parliament, such as the question of what the “democratic and constitutional functions” of Parliament are. Doing so could call into question the separation between the courts and Parliament.

Noble Lords will know that the Companion explains that the principle of control by Parliament of its affairs, free from interference by the courts, is often called “exclusive cognisance”. We are concerned that the inclusion of this wording in the Bill could be seen as Parliament waiving the exclusive cognisance of the House, and so we have reservations about the wording of the amendment.

I thank the noble Baroness for her comments. After today, I will look at the legal and constitutional issues that she raised. I am very grateful for her reassurances about accepting the principle. If we feel that we need to reinforce that, we will come back on Report.

In answer to my noble friend Lord Adonis, the “earliest possible opportunity” reference will be taken up in later amendments and so we will respond to that in due course.

I thank in particular the noble and learned Lord, Lord Wallace, for his contribution. With that, I beg leave to withdraw the amendment.

Amendment 1 withdrawn.

Amendment 2

2: Clause 1, page 2, line 2, at end insert— “( ) If a planning application is submitted to a responsible planning authority for works immediately adjacent to the Palace of Westminster, the Sponsor Body must—(a) determine whether these works might impede the Parliamentary building works in any significant way; and(b) if they determine that they may impede the Parliamentary building works, issue a notice to that effect to the responsible planning authority.”

My Lords, in moving this amendment I say at the outset that I am extremely grateful to the noble Baroness, Lady Deech, and my noble friend Lord King of Bridgwater for adding their names to it.

I have tabled this amendment for two reasons. First, I hope that all your Lordships agree that we want to protect and enhance this building and want it to emerge from the restoration and renewal project even more magnificent than it is at the moment. One of the greatest buildings in the world, and the greatest symbol of democracy in the world, it is at the heart of the world heritage site which encompasses the Abbey, St Margaret’s and the immediate environs.

The immediate environs include Victoria Tower Gardens. Last week, we were all exalted in a letter from my noble friend Lord Bourne of Aberystwyth to love our parks—indeed, he told us that it was Love Parks Week. I do love our parks and do not imagine that a single one of your Lordships does not love our parks. There is nothing more wonderful than to walk through St James’s Park, Green Park and Hyde Park and up to Kensington Gardens; it is a wonderful country walk in the middle of the greatest city in the world. They are great parks not only because of the way they are laid out, but in size. Adjacent to the Palace of Westminster is a much smaller park, but one that gives great enjoyment to those who use it. It is used on daily basis by residents, office workers, children and others. It was carefully laid out in the last three decades of the 19th century and contains the magnificent statue of the Burghers of Calais, the statue of Mrs Pankhurst and the memorial to Sir Thomas Fowell Buxton, one of the great advocates of the cause that led to the abolition of, first, the slave trade and then slavery in 1833. That is something of which this country, and this Parliament in particular, should be extremely proud.

When we embark on this great programme of restoration and renewal, we have to have regard for our environs. Noble Lords will have read the amendment. There is an application for a major building project in Victoria Palace Gardens for a cause which I believe every noble Lord thinks is a great cause: to have another national memorial to commemorate the Holocaust. I tread very carefully because I like to think that no one could ever accuse me of being a Holocaust denier—one of those episodes in recent world history that has done more to deface the name of humanity than perhaps any other. Nor, as the founder chairman for the campaign for the release of Soviet Jewry, would I ever wish to be accused of having any anti-Semitic feelings. I hope that would be said for everyone who expresses a concern about building this particular memorial in this particular place.

I would like to see another national memorial, and it ought to attract people in considerable numbers. It is a memorial that should not be in any way inconvenienced by security measures additional to those which any public building or memorial in London, regrettably, has to rely upon. It should also be of easy access so that when people come on pilgrimage, as I hope and believe they will, to stand gently and quietly to remember or to instruct the young, they will be able to come and go easily and freely. On any account, building a major national memorial immediately adjacent to Parliament on Victoria Palace Gardens would mean that those criteria are not easily fulfilled. That is why I hope that the board we are establishing through the Bill will look most carefully.