Windrush Generation

Baroness Hamwee Excerpts

Tuesday 24th April 2018 Lords Chamber

[Lord Kerslake (CB)]

My Lords—

[Baroness Hamwee (LD)]

My Lords, I too thank the Minister for repeating the Statement. My noble friend Lord Paddick very much wanted to be here but is precluded by circumstances beyond his control. Not only he and I, and these Benches, but many others feel frankly ashamed to have discovered what has been going on. The Minister, whom I believe to be a compassionate, caring person, must be very uncomfortable too. She will understand that this is not a matter of what people “deserve”—the term used in the Statement—but of their rights.

We are told that the Home Secretary is committed to resolving the situation with “urgency and purpose”. They are, indeed, needed, and more widely than on this issue. The position of the Windrush people—citizens who seem retrospectively to have become migrants—is a symptom, not a cause, of the problem. The cause, as we see it, is the culture within the Home Office, an attitude that one cannot avoid saying must come from the top: hostility or compliance—which seems to be the substitute term now—and certainly carelessness, by which I mean “care-less”, as in lacking in care.

That seems to be why every immigration lawyer to whom I have spoken says that the first thing they do is ask the Home Office what information it has on their client, because so often they find that it is wrong. That is why the Home Office has such a poor record before the tribunal. The Minister will not be surprised by this: it is why I sought to remove the Home Office exemption from the Data Protection Bill, which can be applied in the interests of effective immigration control—a matter others are now pursuing. The Home Office might say that it can choose not to apply that exemption or that it will be applied only when it is relevant, but it is the Home Office that has to assess these aspects.

My first question to the Minister is therefore a question and a plea. Before the UK finds itself in an even more embarrassing position—which I assure her I do not want—will the Government reconsider whether the exemption is just, wise or even common sense?

My second question is about staffing, to which the noble Lord, Lord Kennedy, has referred. Are the officials concerned being redeployed within the Home Office, or is the establishment being increased? If so, may we have details of this? It has appeared for some time that Home Office officials are really overloaded. As regards the customer contact centre, or indeed any part of the work, is this being outsourced to the private sector? Again, may we have details?

Thirdly, what information will the Home Office publish so that we can see the whole picture systematically, rather than as a series of individual stories, and not just about deportations?

This affects many, many people. Another cohort, of course, is the 3 million EU citizens in the UK. They raise it in their current 128 questions on settled status. It must affect UK citizens abroad as well. Manifestations of the Home Office policy are very wide, but I will mention just two. One is the right to rent, on which the chief inspector has recently reported less than fully positively. One of his recommendations mentioned quality assurance checks. Another manifestation is immigration detention, to which people unable to prove their status have been consigned.

Immigrants might be legal, they might be illegal or perhaps they cannot prove their status, so the Home Office makes an assumption, if not a presumption, that they have no rights. This issue is more extensive than—I do not want to say “just”—the Windrush generation.

[Lord Kerslake]

My Lords—