Select Committee on Constitutional Affairs Minutes of Evidence


Examination of Witnesses (Questions 1-19)

ADAM WILKINSON AND DR KATHRYN FERRY

17 APRIL 2007

  Chairman: Dr Ferry, Mr Wilkinson, welcome. We are very pleased to have you with us this afternoon. There are several formal things I have to do before we start: one is a ruling. Notice of appeal has been lodged in the case brought by SAVE against Westminster City Council relating to the planning application for altercation of Middlesex Guildhall. I have decided in consultation with Mr Speaker to waive the sub judice rule insofar as it applies to the question of accommodation for the new Supreme Court in order to allow this session to proceed, but no reference should be made to the court proceedings which are the subject of the appeal. Secondly, any interests have to be declared and I declare an interest as a member of the Victorian Society. Has anybody else any interests? In that case, it is over to you.

  Bob Neill: Perhaps, for the record, it might be safer if I say that, although I no longer practise at the Bar, I have appeared at Middlesex Crown Court in the past, so just to get that on the record.

  Q1  Chairman: Perhaps I could invite you to give us an indication, just giving some oral supplement to the material you have very helpfully provided us with, of what you see as the architectural features of the interiors of the Guildhall which it is important to preserve and which these works will endanger.

  Dr Ferry: I think to start with it is worth reiterating the fact that this is a Grade II* listed building so that listing covers the whole of the building, the exterior and the interior. It was built in 1911 to 1913 and the Middlesex Guildhall is acknowledged as the masterpiece of the architect James Glen Sivewright Gibson who undertook the commission with his partners WSA Gordon and Frank Peyton Skipwith, and it is a rare example of an Edwardian Gothic building. The Gothic style had gone out of fashion by the time they were designing this building but obviously to fit in with its nearest neighbours, Westminster Abbey and the Houses of Parliament, this Gothic style was chosen but it is definitely an Edwardian Gothic, it has got touches of the Art Nouveau and a slightly baroque sense about it. The important thing, when considering this building, is to consider it as a whole. The exterior is a wonderful essay in this Edwardian Gothic, but it is also, like many civic buildings of its time, in the tradition of the arts and crafts movement, it was designed to be a work of public art. The architect was superintending the design but he was also bringing in craftsmen to undertake his vision, plasterers, people who could produce the exquisite stained glass in the building and also the sculpture on the exteriors by a famous sculptor at the time called Henry Charles Fehr, who also undertook the sculpture on the bench ends in the main council chamber and so the whole building really has to be seen as an integral piece. That is why we are here because the interiors are such an important part of this that removing all of the furniture and the fittings will have a detrimental impact on the character and the historic importance of the building.

  Adam Wilkinson: If we can put it in a slightly wider context as well, both Professor Gavin Stamp and Professor David Walker, who are foremost experts in the field of this period of architecture, rate it right up there on an international level of importance. Its importance goes beyond the Square, it goes beyond London, it goes beyond the UK, it goes beyond these shores. It really is at the highest level, not just the building but also the furniture as well. It is put together by the foremost carpenters and craftsmen of the day. I think the nearest equivalent you can get in the area is in the Houses of Parliament where you have the furniture designed as part of the entire building and it really belongs there. If you were to take that out it would ruin the character of the place and it is very much the same with the Guildhall, if you remove the furniture, you remove part of the building.

  Q2  Chairman: Would you have contemplated or been willing to consider a more conservative and sensitive use of the building but for the same purpose which involved the removal of much less of the furniture, perhaps adjustment of floor levels and some things of that kind, or are you saying that so distinctive is this building that it needs to be either preserved or to continue in use? In one respect, it does not continue in its old use because Middlesex County Council does not exist to meet there, but as a court it does indeed.

  Adam Wilkinson: I think it is a question of the architects' brief and what they are told to do. You can certainly sensitively approach the building. The current proposals are not the most sensitive way of dealing with a building of this importance. In some respects they are pretty clumsy, they are showy, they are trying to make something of the building that it is not. You could possibly insert a library without damaging the courts and the Lords could easily work with the existing furniture in court number three, that is the very grand courtroom with the wonderful bench ends, without having to radically reorder that room, without having to completely level the floors, without having to cut off the bench ends and stick them on a bit of new furniture. This does not have to happen, it is a question of the brief.

  Dr Ferry: I would agree with that.

  Q3  Mr Tyrie: Could you remind me what you think the total cost of the project is going to be?

  Adam Wilkinson: £32 million.

  Q4  Mr Tyrie: Do you know what the total cost of the relocation of the existing function would be?

  Adam Wilkinson: I do not recall that figure but I have seen it in this Committee's minutes before. It is an extraordinarily low cost. If you compare it with the cost of consultants on this building when it was built, which was £25 million, it seems like extraordinary value. Again, against the cost of any major new public building it is an extraordinarily cheap way to treat the dignity of the law. If I was a lawyer I would feel faintly insulted at the way which I was being treated, shoved into an old building rather than given a splendid new building which reflects the power and dignity of that great institution.

  Q5  Chairman: Would you not think as SAVE that it is in principle a good thing to use a historic building so long as you can adapt it sensitively?

  Adam Wilkinson: As I have said, we obviously encourage the sensitive re-use of historic buildings. The key point is that the building could remain in use as a crown court. Its closure has resulted in seven less courts in operation in London with its backlog of 500 cases and, of course, while they are doing adaptations down at Isleworth that will represent another three courts being closed. There is a massive net reduction in courts for a short time while they are doing these works, perhaps one or two years. One perfectly decent court is out of use or rather several perfectly decent courts which could be used in one courthouse are out of use. The arguments are made by the DCA and its agents that the historic building was not up to modern standards for historic courts. In our report Silence in Court which we put together a few years ago, studying historic courts across the country, practically none of those would meet the requirements for a modern court building. It is a question of working with what you have got. In Scotland the Scottish Court Service has adapted every single one of its courts bar one to modern standards in a sympathetic and historic manner because it feels it has a moral duty to do so. It is the same with the crown court at Middlesex Guildhall; the Government has a moral duty to look after that building properly and to treat it sensitively and it really could adapt it, if it had the time and energy to do it, to modern uses, but I am afraid it is not interested.

  Q6  Mrs James: Going back to 1989 when I understand the court last went through a remodelling, do you feel that modernisation and the work that was done then was done in a sympathetic manner and was done in a way that did not damage the fabric of the building?.

  Dr Ferry: Absolutely, there was some intervention in creating new court spaces, but the three main courts, of course including the council chamber which is the one with the really highest quality of the furniture, although they all have a very good quality furniture, they were all left intact and restored. The evidence we have seen from the agents suggests that there is at least another five or ten years before any restoration would have to take place for this building to continue as a crown court. It is not an immediate necessity to restore the building, it does work as it is and we feel that it is pre-emptive to close the court down now when it does have this continued life in it with the furniture that is there.

  Adam Wilkinson: I think it is worth going back to what Lord Mackay of Clashfern said to us recently. We invited him along to an evening at the Guildhall, as we did other members of the Committee here, and Lord Mackay turned us down, because he could not make it, but said that he very much regretted what was happening now having reopened it in 1989. I can forward that email to the Committee if you would like to see it, but someone of that power who was there opening that building, expressing great regret, is a horrible indictment of what is going on at the moment.

  Q7  Chairman: It is commemorated in stained glass in the building?

  Adam Wilkinson: It is.

  Q8  Chairman: No wonder he does not want change. Is that being conserved by the way?

  Adam Wilkinson: I hope it will, but other bits of this are not. We are going to lose all the Middlesex insignia from the building, which will be taken off. As you walk in, the shields will be taken off from above the doors, there will be no indication that this building once proudly served the county of Middlesex.

  Q9  Chairman: It does have a slightly Soviet air about it, does it not, removing insignia.

  Adam Wilkinson: Ozymandias.

  Q10  Mrs James: I have worked for the National Trust and I am very interested in this aspect. If this was another public building, let us say one of our great houses, what would the public's response be?

  Dr Ferry: I imagine they would be outraged. I do not think any private owner would get away with this extent of intervention in an historic interior like this, especially when English Heritage have stated that the interiors in the Middlesex Guildhall are unsurpassed in courtrooms of the period. I just do not think they would be allowed to do it.

  Adam Wilkinson: I absolutely agree. It would not happen to a private individual nor to a church nor to another institution which was not necessarily having pressure applied on it by Government.

  Q11  Chairman: It has happened to churches.

  Adam Wilkinson: We know of one or two, yes.

  Q12  Bob Neill: I get the sense that what you are saying is that the Government has really not simply grasped the exceptional nature of the building in this case.

  Adam Wilkinson: We absolutely feel that is the case, yes.

  Q13  Bob Neill: I was very troubled, frankly, to see a comment by one of the existing Law Lords in the House of Lords Hansard who seemed, I think, to be thinking that the whole thing was beneath them and seemed to refer to "unexceptional origins", and almost sneering at the building. Do you feel that perhaps has too greatly influenced the DCA? To suggest that the whole is lacking in distinction, and these are the words, I am afraid to say, of the noble Lord, Lord Nicholls of Birkenhead in a debate in the House of Lords, maybe many people would say is not particularly well-informed.

  Adam Wilkinson: That is perhaps a question of his tastes; maybe he is not into Victorian Gothic or Gothic revival, but if you look at it as a building in its own right, it is a very fine building indeed. Maybe it is better than the Lords need, maybe they want something more distinct. They are very welcome to have something more distinct in my book as well.

  Q14  Bob Neill: To get back to the point the Chairman raised, I am interested in this. I think for most of us who know the building the real nub of it is courts one, two and three, the Council Chamber and the two purpose built courts which have not required any great adaptation. Is it conceivable, do you think, that if we are where we are, some sensible means could be made to enable those courts to be adapted for the use proposed as a Supreme Court without the wholesale removal of the furniture and the panelling and so on which, as you say, is site specific?

  Adam Wilkinson: I believe if they wanted to grasp the nettle and do it they could. Unfortunately, there seems to be a very strong desire to start with a clean sheet but in an old building with modernist furniture, perhaps like the furniture we have here, which is beautiful but inappropriate to that building, although there have been some mutterings about cutting off the bench ends and sticking them on new furniture.

  Dr Ferry: That would only apply to a very small amount of the furniture, a small amount would be reused and the rest of it would be essentially put into packing crates and stored offsite.

  Q15  Bob Neill: I heard one suggestion that it was going to be sent to Snaresbrook Crown Court as a possibility.

  Dr Ferry: I think that might have been going around.

  Adam Wilkinson: Lucky for Snaresbrook Crown Court, but we have seen nothing solid to say that is actually going to happen.

  Q16  Mr Tyrie: What about sending the Supreme Court to Snaresbrook!

  Dr Ferry: That is an alternative.

  Adam Wilkinson: Why not! It is a very good point, it is a Supreme Court for the UK, it could travel around to the rest of the UK not just London. There are plenty of court houses around the country which are in need of uses; perhaps it could move around, perhaps it could be itinerant. I think the decision was taken quite early on that it is going to be in London, it is going to be close to the House of Lords.

  Q17  Mr Tyrie: Do you think it is in the national interest that it should be close to the House of Lords, that it needs to be across Parliament Square?

  Adam Wilkinson: I see no particular reason why it should be.

  Dr Ferry: But that seems to be what is coming across from the DCA, that they want to be at the centre of power and it just so happens that this building is on the site that they would ideally like. A lot of compromises have been put forward to try and make this building fit a purpose that it obviously was not designed for and because of the listing it is just inappropriate for it now.

  Q18  Mr Tyrie: I asked that question because presumably you think it is in the public interest, if not the national interest, that fewer changes are made to this building if it is located there?

  Dr Ferry: Yes.

  Adam Wilkinson: Absolutely, and there are alternatives as well. The wonderful Metropole Hotel with its annex is sitting empty owned by the Crown Estate down the road. You have a wing of Somerset House about to be vacated by the tax people, who we all adore so much. There are plenty of other places where a Supreme Court could be placed. There are probably some sites where a new building could be put as well. I think they ask for 3,000 square metres and that is almost 30,000 square foot, that is not an overly enormous building, that could be easily put somewhere in Central London where it is convenient for the Lord Justices to get to.

  Q19  Chairman: Would you say that at any stage the Department has shown to you a willingness to talk through modifications that could have been made to the proposals in the way that developers quite often end up doing?

  Dr Ferry: We have been consulted at various stages of the process but our input has not resulted in changes really. The conservation plan that has been produced to go alongside this application does recognise the importance of the furniture but at the same time they are still proposing that it should come out. There is the idea of creating this museum display in the basement as if taking out the three thrones and setting aside historic artefacts can mitigate the loss of the entire context in which they now exist. They were used on a daily basis until recently and the idea of placing them in a museum is not sufficient.

  Adam Wilkinson: We feel the consultation, that which there was, was more a case of saying, "This is what we are offering, do you like it or not? If you don't like it, bad luck". That is pretty much built into the Act which would create the Supreme Court as well. The Lord Chancellor was asked to consult the Law Lords on his choice but his choice only involved one building, so in this case so they had no option but to say yes. The Law Lords made it very clear to us in correspondence, particularly through Lord Hoffmann, that this is not their doing, we must not mistake it as being their doing, this is being foisted upon them. I think if we had made any difference in the consultation it was wiped out by the desire for a grand gesture. When you walk into the building what is proposed: is instead of being a beautiful stuccoed wall, they will rip this wall out and put in a large glass plate which will give you a view of the Lord Justices in the library doing their work. The library, of course, involves ripping the floor out of one of the main courts and making a triple height space where they can put some smart new bookshelves. This is the architecture of gestures, not of conservation.


 
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