Windrush

Lord Bourne of Aberystwyth Excerpts

Thursday 29th February 2024 Lords Chamber

[Lord Bourne of Aberystwyth (Con)]

My Lords, I congratulate the noble Baroness, Lady Benjamin, on securing this important and timely debate. The noble Baroness has done so much to champion the cause of Windrush and to celebrate the contribution of this valued community to British society. The personal journey of the noble Baroness is faithfully documented in her autobiography, What Are You Doing Here?—a very good read.

My involvement in Windrush was awakened as a result of a Question I was down to answer from the noble Baroness, Lady Benjamin, in your Lordships’ House on the need for a dedicated national Windrush day on 22 June, the anniversary of the arrival at Tilbury of the “Empire Windrush” so many years before, in 1948. I was convinced. It was a privilege to work alongside the noble Baroness.

The Government were moved, ultimately. There was a dedicated Windrush day and a dedicated national service of celebration, the first at Westminster Abbey, and a celebration at Downing Street hosted by the Prime Minister, Theresa May—all of this with the vital three words, “with a budget”. Organised via the Department of Housing, Communities and Local Government, as it then was, and securing afterwards exhibitions, music, dancing, food, historical perspectives and celebration of the vital contributions—economic, cultural, social and sporting—that have been given by this valuable community, giving an injection of diversity into national life, it was truly a great success. There were celebrations throughout the country, at Tilbury, Brixton, Manchester, Bristol, Leeds and Nottingham, and in Wales, Scotland and Northern Ireland. I remember working alongside Paulette Simpson, Sonia Winifred and others, and the Voice magazine, all well and good. As has been mentioned, the noble Baroness headed up a committee to provide a lasting national monument. I see it regularly as I arrive at Waterloo station en route to your Lordships’ House—it is very fine indeed. Nobody could have done more than the noble Baroness—all this positivity and hope.

Meanwhile, alas, shamefully, the Windrush scandal was unfolding. The original Windrush settlers arrived in 1948, over 75 years ago. They were the first members of a generation who had been encouraged to move to the United Kingdom—our country—to help rebuild a new, regenerated United Kingdom after the ravages of the Second World War. And help rebuild it they did, with vital contributions to national services and national life.

My Lords, fast forward to the Immigration Act 1971. This Act gave Commonwealth citizens the right to live and work here in the United Kingdom; this was, after all, their country. People had built their lives here and generations followed them. Then, in 2017-18, it was revealed that many citizens who had lived here totally legally for generations, many of them from the Caribbean, were wrongly refused access to basic public services or charged for services that were theirs by right; in some cases, people were detained and deported. Just ponder that for a while. They were people with every right to be here—our fellow country men and women. This was, and is, a matter of national shame.

Our Government—a British Government—had no proper records and no appropriate paperwork and had, in many instances, seemingly destroyed landing slips for boats that had recorded people’s arrival dates many years before. This rightly caused horror and outrage at the injustice and the hardship inflicted. There was a need for drastic action. As has rightly been stated, the scandal raised serious questions about the Home Office, race and our country—and still does. Theresa May apologised and some positive action did follow: close to 16,000 people who did not have documentation then received it. Some—the accent is on “some”—compensation was paid, but not enough and not quickly enough in view of the massive losses inflicted.

Meanwhile, in June 2018, a review was set up. The Home Office appointed Wendy Williams, then Her Majesty’s Inspector of Constabulary and Fire & Rescue Services, to conduct an independent review of the Windrush scandal, focusing on events from 2008 onwards. The review was published in 2022 and did not pull its punches. It is worth noting that, alongside this review, a transformation unit was set up in the Home Office to deal with the Windrush situation and carry forward Windrush policy. This was a reform agenda that successive Home Secretaries—Sajid Javid, Priti Patel and, initially, Suella Braverman; I stress “initially”—pledged to follow. My first question to my noble friend the Minister, who is certainly not personally to blame for the stuttering policy and serious errors that have been made, is this: why was that unit disbanded? I hope that he will do better than suggest that it is due to the significant progress we have seen—a suggestion that has been made previously and is, frankly, not credible. It is what might be called, if I may borrow a couple of phrases from across the pond, baloney or hogwash—or worse.

This brings me to the Wendy Williams review. I ask my noble friend: how many of the 30 recommendations that were accepted in full by the Government at the time have been implemented in full, and how many are yet to be completed? As we heard from the noble Baroness, Lady Benjamin, three key recommendations were ditched by Suella Braverman although they had previously been accepted in full by the Government. The ditching of those recommendations was bemoaned and labelled a mistake by Theresa May in her compelling review of what happened in her book, The Abuse of Power. The recommendations included, as the noble Baroness said, the appointment of an independent migrants commissioner; the review and strengthening of the role of the Independent Chief Inspector of Borders and Immigration; and the organisation of reconciliation events between members of the Windrush generation and officials and Ministers. Why did the Government go back on their acceptance of these key recommendations? Why, why, why? Was it all down to the personality of that particular Home Secretary? If so, will the position be reviewed by the current Home Secretary and those recommendations restored? I do hope so.

Let us be honest about the position we are in. Among a generation of people and their descendants, largely from the Caribbean, many have been treated abominably. There was recognition of that by Theresa May, the then Prime Minister, and some action, but not enough and not speedily enough. Rather than take our foot off the accelerator and apply what appears to be a handbrake turn, as was done under Suella Braverman, we should press full steam ahead. Every time the Home Office feels inclined to veer to the complacent, the smug and the self-congratulatory, it needs to remind itself of the people who have died without a penny piece of compensation. It needs to remind itself of the backlog of claims and the complex forms that had to be filled in. Above all, it needs to remind itself of the outstanding compensation claims that exist and of the searing, justified, burning sense of injustice rightly felt by a section of our own community—by our very own country men and women.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, I will come back to the subject of compensation. I am going to attempt to address all the questions raised in the appropriate order. There is a lot to say and I have only 20 minutes to say it, so I ask noble Lords to bear that in mind when contemplating interventions. I will do my very best.

We have paid over £75 million in compensation. As of December 2023, over 80% of claims received had received a final decision and the majority of live claims were less than six months old. Payments to date include some very significant sums. More than 120 claimants have been paid over £100,000 in compensation. The noble Lord, Lord Ponsonby, asked about the 91% figure given by Laura Farris in the other place. As I said, 80% have had a final decision and 91% have had a final decision or have outstanding claims less than six months old, so that figure is correct.

The noble Baroness, Lady Benjamin, and others raised the question of speed. As I said, the Home Office’s priority is to award the maximum compensation at the earliest point possible. The changes that the Home Office has made to the scheme since its launch mean that people now receive significantly more money more quickly—I referred to the 80% figure. However, in answer to the comments of the noble Lord, Lord Hastings, about blanket amounts, I say that there are 14 different categories and each person’s experiences and circumstances will be different, so it is right that the Home Office takes the time to ensure that each claim is considered and understood carefully, so it can offer people the maximum compensation to which they are entitled. That said, the Home Office continues its efforts to reduce the time it takes to process claims. The length of time that individuals must wait for their claim to be allocated to a substantive decision-maker is now less than four months, down from around 18 months a year ago, and the four-month period includes all essential eligibility checks, together with a preliminary assessment to make an initial payment of £10,000 wherever possible.

The department is committed to ensuring people receive the compensation to which they are entitled, in all cases, including those where, understandably, there is limited documentary evidence. The scheme operates entirely on the balance of probabilities, and decision-makers receive in-depth training to ensure that this approach is applied fairly and consistently. Decision-makers use all the data and information available to them, and exhaust internal and cross-government routes before asking for more information from individuals. The Home Office also gathers information from third parties, paying for this where needed so that costs do not fall to claimants. That can include information from employers, HMRC, GPs and so on. We have a quality assurance team and an independent review process in order to ensure that all decisions are subject to a very high degree of scrutiny.

The compensation scheme was designed to be accessible to anyone, without the need for legal advice or assistance. For those who want or need support to make a claim, the Home Office provides free assistance through its independent claims assistance provider, the We Are Group. It has extensive experience of dealing with isolated and vulnerable people, and the Windrush team is also available on the phone to provide information and to discuss the process. In 2021 and 2022, the Home Office published new claims forms, developed in collaboration with stakeholders, which are simpler and easier to complete. Were our applicants allowed to recover legal costs in applying to the scheme, this may serve to encourage organisations to take advantage of potentially vulnerable people, charging them for unnecessary support.

On feedback and engagement with stakeholders and the community about the effectiveness of the scheme, as evidenced in the changes to the scheme since its inception we have continued that process, because the overhaul to the scheme in December 2020 significantly increased the amount of compensation awarded, and indeed the speed at which it can be paid. In 2021 and 2022, we published revamped claim forms, to which many noble Lords have referred. They were developed in consultation with stakeholders and are easier to complete. They are longer, but they are easier to complete, because they include more targeted and closed questions. The new forms have a Crystal Mark from the Plain English Campaign. As I have said, the changes were made in consultation with stakeholders, including the Windrush National Organisation, key advocates in the community who work collaboratively. Considerable changes were made to the forms while they were being redesigned, but if anybody cares to add to the process and make observations about the forms, the door is open and we are happy to listen.

In 2021, we launched a package of support to help those making, or those who have already made, claims on behalf of a relative who has passed away to obtain the legal documentation required to process their claims. In 2022, we broadened the homelessness category to allow awards to be made to people who were already homeless and then continued to be homeless due to an inability to demonstrate lawful status. We also introduced a fourth “living costs” category for close family member claims for costs incurred while supporting someone who lost their employment or benefits because they were unable to prove their immigration status. Last year, we made changes to the employment category which mean some people will be compensated for longer periods and receive more money, better reflecting their unique circumstances. Whenever changes are made, they are applied retrospectively.

To come back to the points that were raised by the noble Lord, Lord Davies, about why the scheme does not cover loss of employment opportunity, it is because this is a highly speculative issue, stretching across many facets of an individual’s life. The scheme cannot make financial determinations of this nature, since they will vary significantly from individual to individual. They depend on a multitude of factors which will be difficult and timely to assess in a fair and consistent manner.

In answer to the noble Baroness, Lady Burt, and the noble Lord, Lord Davies, the scheme does not cover occupational pensions because of the variable and complex nature of impacts on and future performance of those. However, through employment awards, individuals will recuperate the contributions they would have made into an occupational pension scheme at the time. Processes are also in place so that, where individuals were unable to work because they could not demonstrate their lawful status in the UK, their national insurance record is corrected so that their state pension entitlement is not affected.

On moving the Windrush compensation scheme from the Home Office, the Home Office firmly believes that moving the operation of the compensation scheme would risk significantly delaying vital payments to people. This was reinforced by Professor Martin Levermore, independent adviser to the scheme, in his report published in March 2022.

We continue to work to promote new applications to the scheme, and to engage with and gain the trust of affected communities. The scheme’s engagement team ensures there is regular dialogue with stakeholders from Windrush communities, who provide feedback and scrutiny. The compensation scheme engagement team supports events with external stakeholders from Windrush communities to provide the opportunity to speak to them about the impact the scandal has had on them and on their family’s lives. These engagement events also ensure that individuals and stakeholders get the correct information about the schemes—the Windrush documentation scheme and the Windrush compensation scheme.

Since February 2023, the Windrush compensation scheme engagement team has attended more than 30 events nationwide, including in the West Midlands, Bristol, Nottinghamshire, Yorkshire, Lancashire, Oxfordshire, Northamptonshire, Bedfordshire and London. This week, officials attended an event in Northampton which received positive feedback, commending the informative presentations and the benefit of over 120 conversations with Home Office staff. Events are planned during the first quarter of this year, including in London, Edinburgh, and Nottingham again. We are also looking at opportunities to work with communities in Wales and Ireland. These engagement events ensure that individuals and stakeholders receive accurate information about both schemes, and a large number of such engagements have taken place.

All noble Lords asked about scrutiny of the scheme and how the Home Office considers claims. As I have explained, we have a multilayered review process to ensure the compensation scheme has an appropriate level of external scrutiny. If I may, I will go into detail on those layers. The tier 1 review is conducted by a separate team that has not worked on the claim in question. The tier 2 review is an independent review process with the adjudicator’s office. The independent person, Martin Levermore, to whom I have already referred, regularly engages with officials and publishes annual reports on the scheme. His third report was published on 1 November 2023 on GOV.UK. The Home Office has published a fact sheet and granular transparency data on a monthly basis, which provides detail on a wide variety of aspects of both casework and review. The Home Affairs Select Committee provides external scrutiny and visited the department to scrutinise proceedings. The Home Office has also hosted other stakeholders, such as the Windrush Defenders Legal and the Independent Chief Inspector of Borders and Immigration, on open visits, giving access to Home Office caseworkers.

On the subject of the Windrush programme and the lessons being learned, the Home Office is absolutely determined to deliver on its commitment to righting the wrongs of Windrush. That work continues at pace, and I am not ashamed to use the phrase. As one would expect, and should expect, in any government department organisational structures change over time to ensure that delivery for the public is effective and delivers value for money. It has been decided that responsibility for delivering various Windrush response projects and recommendations will no longer be managed through a dedicated team in the transformation directorate but will instead be embedded in our everyday activities in other parts of the department. I forget who, but someone referred to it as being part of the departmental DNA. I can confirm, albeit anecdotally from my experience, that this is something that is considered in pretty much every aspect of the work that we are currently doing.

Most noble Lords asked about the promises that were made in regard to recommendations 3, 9 and 10. Wendy Williams recognised the scale of the challenge that was set by her 2020 Windrush Lessons Learned Review and applauded the department’s response in rising to the challenge. As the former Home Secretary set out in her WMS of 26 January 2023, she did decide not to proceed with some of the recommendations in the original form. I am afraid I am unable to comment further because there are legal proceedings in train on that particular subject. However, as I have just said, work remains ongoing on the majority of the recommendations, by way of embedding them into the DNA of the department, and that work will not stop.

[Lord Bourne of Aberystwyth (Con)]

I am very interested in the ditching of those key recommendations—most contributors felt that was wrong. Can the Minister confirm that the current Home Secretary will consider reinstating them, whatever the nature of the legal proceedings, as they are a vital part of the Windrush policy?

[Lord Sharpe of Epsom (Con)]

Again, I have to apologise to my noble friend. I would like to answer the question in detail but am unable to as a result of the legal proceedings. However, I will of course make sure that the Home Secretary is well aware of his and the House’s concerns about this matter.

The noble Lord, Lord Davies, asked about overseas engagement, particularly with regard to high commissions. We engaged with UK-based Caribbean high commissioners but we have also worked with British high commissions overseas to raise awareness of this.

The noble Baroness, Lady Bennett of Manor Castle, asked about education, which is incredibly important. On Windrush Day, the Department for Levelling Up launched a set of educational materials, which were uploaded to the National Windrush Monument website as part of the monument’s legacy programmes.

I have to confess that I have not read the book from the noble Baroness, Lady Benjamin—I will—but perhaps, as book recommendations are being handed out, I should also commend one from my noble friend Lord Popat, A British Subject, which is a very good read on this topic as well. I am more than happy to meet the noble Baroness, Lady Benjamin, at any time. Just to be fair to my predecessor, my noble friend Lord Murray attended two Windrush National Organisation conferences, so he did make himself available.

The Windrush story is one of the most powerful and uplifting in our country’s history. The people who arrived on that day in the middle of the 20th century and their subsequent generations have contributed so much across so many areas of our society, as has been noted by all speakers. That they would go on to suffer as they did is a source of profound sadness to them and us all—and shame. We owe it to them to put it right and significant progress has been made, as I hope I have set out. But the job is not done and noble Lords have my assurance that the Government’s determination to right those wrongs is undimmed.