Minors Entering the UK: 1948 to 1971

Alex Chalk Excerpts

Monday 30th April 2018 Westminster Hall

[Alex Chalk (Cheltenham) (Con)]

It is a pleasure to serve under your chairmanship, Mr Austin. I, too, begin by paying tribute to Mr Vernon, the petitioner.

There is a great deal in what the right hon. Member for Tottenham (Mr Lammy) said that everyone of conscience, sensitivity and feeling can agree with wholeheartedly. On any view, this has been a shocking episode, and it has inspired feelings of some shame—shame because this is not the country we are, these are not our values and this is not the kind of country we aspire to be. Forgive me for repeating a point that does bear emphasis and on which I entirely agree with the right hon. Gentleman: the Windrush generation are British. They are part of the warp and weft of this nation. They have made a profound contribution—in business, science, commerce, sport and industry. We all feel profound distress at the way some individuals—far too many individuals—have been impacted.

It is right that we pause to think: how did it come to this? It is important to step back and look, with a little granularity, in a little detail, at what happened. It seems that the Immigration Act 1971 provided that those who arrived before it came into force should be treated as having indefinite leave to remain, despite not having the specific documentation. Afterwards, of course, people required the document in the passport or whatever it was. It is now tolerably plain that attempts to clamp down on illegal immigration have had unintended and wholly unacceptable consequences. The system has failed. It has acted indiscriminately and in a way that causes us the shame that I mentioned.

We may be able to derive a small sense of solace. I have been encouraged, to some extent, in hearing the response of the Government. There has been no attempt to deny that what happened was wrong; no attempt to pretend that the system has worked as it should have; no attempt to deny the impact, which is profound; and a fairly, if I may put it like this, grovelling acknowledgement that the system has gone wrong.

We can take some small comfort, too, in seeing the speed and robustness of the response. That is quite right. The taskforce has been set up not to hinder applicants, but to help them to demonstrate that they are entitled to live in the UK. That is quite right. It has been tasked with resolving cases inside two weeks, because for individuals such as Elwaldo Romeo, who was referred to with great articulacy by my hon. Friend the Member for St Austell and Newquay (Steve Double), it must be a peculiar form of torture, almost, to feel that the Home Office could come knocking. These cases must be resolved quickly, because justice delayed is justice denied. No language tests—quite right. No cost—quite right. A helpline—quite right. Also and importantly, those who made their lives here but have retired to their country of origin must be able to come back to the UK. Fees must be waived. It is right that the Government are working with embassies and high commissions to make that the case.

What is the net effect of all this? It means that anyone from the Windrush generation who now wants to become a British citizen can. The net effect is that the burden of proof has, in effect, been shifted. Something adverted to by the right hon. Member for Tottenham was compensation. That scheme should be run by an independent person, and I understand that that is the Government’s intention. Yes, things have gone wrong, but it is absolutely right that the Government have acted decisively, without seeking to cavil, deny or shift the blame to anyone else.

Where I respectfully—with great and genuine respect—apply a slightly different context to the points that the right hon. Gentleman made is that I think we must, when speaking about the issue of illegal immigration, emphasise that there is a distinction and explain why there is that distinction. The reason we draw the distinction is that illegal immigration, as distinct from the immigration of those who came here in the Windrush generation and subsequently, encourages exploitation of the most vulnerable. It is a cruel and pernicious way to behave.

Illegal immigration is also unfair on those who play by the rules and do the right thing. They include, by the way, people from the Windrush generation, who, exactly as the right hon. Gentleman described with great articulacy, answered Britain’s call to come to our country to help, work, support and build. They did the right thing. The truth is that some of the most vociferous critics of those who try to game the system—those who get round it and try to bend the rules—are often those people who have played by the rules, come to this country and done the right thing. We must draw that distinction not just because it is right, but because it is fair to those who have played by the rules.

The other point is that we should not seek to infantilise people by suggesting that the rhetoric about being tough on illegal immigration is new. It is not. It is entirely appropriate that, in the past, Governments of all stripes have talked and acted tough. Let us take a moment to consider what has applied. In 1982, under a Conservative Government, the NHS began treatment charges for illegal immigrants. That has the advantage of common sense, one might think. Those people who have come here legally need to feel that they are getting a proper share of public services and that they are not being wrongly diverted.

In 1997, the Government instituted checks by employers on people’s right to work here. In 1999, measures were imposed on access to benefits. We were then under a Labour Government, of course. In 2008, civil penalties of up to £10,000 were imposed for those who employed illegal migrants. I do not criticise any of that, and to suggest that what has happened now has emerged from a clear blue sky is misleading and unfair to those who are in the eye of this storm.

[Sir Peter Bottomley (Worthing West) (Con)]

I shall make this point now, because it is one that those listening to the debate will not necessarily know. When it comes to healthcare, emergency treatment is available to all, regardless of who they are; it is more routine and elective care for which there are, rightly, checks. I am not criticising my hon. Friend; I am just making sure that people understand that no one is denied emergency care in this country.

[Alex Chalk]

I am very grateful to my hon. Friend for clarifying that point; he is absolutely right to do so. The point I was making about the context is that measures have accrued over time. I am grateful to him for that point of detail.

I do not quote what I am about to in the interest of inflaming matters, because I do not think we should be in the business of inflaming matters; we should be in the business of cold, cool assessment. However, my hon. Friend the Member for North Dorset (Simon Hoare) was right when he quoted an Immigration Minister from 2007, who described his policy as flushing illegal migrants out and

“trying to create a much more hostile environment in this country if you are here illegally.”

I do not think that, at the time, that was a particularly unreasonable thing to say. And it was John Reid, as Home Secretary, who said:

“We need to make living and working here illegally ever more uncomfortable and constrained.”

The reality is that Governments of all stripes have talked and acted tough.

All I really want to say is that this is a shameful episode. As has been indicated, it is a case of error, not conspiracy. It is incumbent on this Government, because they happen to be in office, to make things right, but we owe it to the people of this country, whether they are here from the Windrush generation or from elsewhere, to look at this coolly, frankly and, above all, fairly.