48.
Secondly, the Requestor submitted that the reasons given for free entry in the Announcement
related to the Centre wherever it was built. In this regard, he cited Mr Jenrick’s statement (in
the Announcement) that: “Free entry, in perpetuity, to the proposed UK Holocaust Memorial
and Learning Centre will mean that there are no barriers to people commemorating and
learning about the evils of the Holocaust and is in keeping with our national tradition of free
entry to monuments and museums of great national significance.”
49.
Thirdly, the Requestor contended that there is no inherent reason why free entry could be
justified for the Centre if it was located in Victoria Tower Gardens but not if the Centre was
located elsewhere. Related to this, he stated that no reason had been given by the Authority as
to why a different site or design would call into question the issue of free entry.
50.
We consider Ground 1 to be the key issue in the appeal. This is because issues regarding
Ground 2 were largely dependent on our findings in Ground 1 (and we consider Ground 3 to
be immaterial), for the reasons we refer to later below.
51.
We agree with the arguments put forward by the Commissioner and the Requestor which we
have outlined. We find that the Announcement was a distinct and specific announcement
regarding free admission to the Centre (the Free Access Policy). We also find that the
Announcement was not expressed as being conditional on the Centre being located at Victoria
Tower Gardens. We set out below some relevant aspects of the Announcement in respect of
those views.
52.
The main of the Announcement heading was: “Jenrick announces free admission to the
proposed UK Holocaust Memorial”. Its subheading stated: “Announcement puts the new
national memorial on a similar footing to the most important monuments and museums in
UK.”
53.
After the heading and subheading (and below a picture), the Announcement started with some
points in bullet form. The first of those bullets stated: “Government to provide free entry for
all visitors to the proposed new national Memorial and Learning Centre, in perpetuity.” and
the second bullet (with emphasis added) stated: “Commitment ensures everyone can pay their
respects, contemplate and honour, the six million Jewish men, women and children who were
murdered in the Holocaust and all other victims of Nazi persecution.”.
54.
The first two main paragraphs of text in the Announcement (after those bullet points) stated:
“The government will provide free entry, in perpetuity, to everyone visiting the proposed new
Holocaust Memorial and Learning Centre, Communities Secretary Robert Jenrick announced
today (28 January 2021).
Giving universal free access to the memorial puts the UK on the same footing as the most
important monuments and museums and will reassure Holocaust survivors their testimony
will be freely available to all when they are no longer able to tell the story themselves,
forever.”
55.
As can be seen, there was no qualification in the above language in the Announcement to the
commitment that free entry to the Centre would be provided, in perpetuity.
56.
The Announcement went on to state:
“The Memorial, which is planned to be built next to Parliament in Victoria Tower Gardens,
will be the focal point for national remembrance of the six million Jewish men, women and
children murdered in the Holocaust and all other victims of Nazi persecution.”.
57.
Accordingly, the Announcement referred to the planned location of the Centre at Victoria
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