Lord Blencathra (Con)

My Lords, I commend the very wise words of the noble Lord, Lord Carlile, and support the noble Baroness, Lady Deech, in this important amendment. I should say first that I respect 150% the honesty and integrity of the Minister; I trust him 100%, but I do not entirely trust the Government to deliver on this. I thank not just the two Labour Peers who were on the Committee but all those Peers from all sides—the other Labour Members, Cross-Benchers, Lib Dems and Conservatives—who raised many concerns about all aspects of this memorial. The one thing we were united on was that it had to commemorate the Holocaust—the Shoah—and antisemitism. What concerned us during the Committee was that on many occasions when we pushed the question, “Will this be purely about the Shoah?”, we did not get a categorical answer that it would be. We had many reports from other organisations suggesting that it could include Rwanda, Pol Pot, Darfur and others. Those were horrible genocides, I know that, and we have seen some horrible genocides around the world since the end of the Second World War, but they are not the Shoah, and the memorial should be purely about that. The noble Lord was right: it would be perfectly in scope of the Bill to insert the words of the noble Baroness, Lady Deech. To reject that on the grounds that it would be inappropriate is rather flimsy. When I was chair of the Delegated Powers Committee and we saw the Government taking extraordinary powers to pass regulations, the Government always said, “Ah yes, but we don’t intend to use them”. The intention is irrelevant; it is what is in statute law that counts. Putting this into statute law would guarantee that it was enforced. The Minister said, if I remember correctly, “Oh, people could challenge any requirement in a statute”. If people can challenge, with difficulty and judicial review, words in a primary Act of Parliament, then how much easier would it be to challenge a letter from the Government to the administrators or the trustees? That seems ripe for judicial review, whereas a statutory requirement would not be. That is all I wanted to say. As I say, I entirely trust the Minister and his noble intentions, but I do not trust the Government to be able to deliver on this, either through negligence or a deliberate act on their part. The noble Baroness, Lady Deech, is absolutely right in seeking to put this in the Bill.