Windrush

Baroness Benjamin Excerpts

Thursday 29th February 2024 Lords Chamber

Moved by

[Baroness Benjamin]

That this House takes note of the Windrush scandal and the implementation and effectiveness of the Windrush Compensation Scheme.

[Baroness Benjamin (LD)]

My Lords, lives have been ruined, people have been falsely accused of lying and breaking the law, many have faced mental health issues and some have died without compensation—no, I am not referring to the Post Office scandal but to something equally shocking and unjust: the Windrush scandal, which I prefer to call the “Home Office scandal”, because that is what it is, the Home Office’s scandal. I have stood in this House on a number of occasions over the years, highlighting and drawing attention to this disgraceful state of affairs, and I am frustrated to bring this debate before the House once again to demonstrate that the matter is still as distressing as ever for the thousands of victims.

As we approach the sixth anniversary of the scandal emerging and the fifth anniversary of the launch of the Government’s Windrush compensation scheme, it is with great sadness—and extremely unfortunate—that we are still talking about the scandal today and not focusing on the extraordinary contribution the Windrush generation has given to our nation. The Windrush generation should be defined not by the scandal but by the enormous contribution they have made to Britain, starting back in 1948 when they were invited to come and help rebuild Britain after the war, many leaving their children and families behind. I am part of that generation and it was with great pride that I chaired the Windrush Commemoration Committee to oversee the creation of the magnificent, award-winning National Windrush Monument designed by Basil Watson, which proudly stands at Waterloo Station to celebrate this important part of our British history.

It has become a symbolic place of pilgrimage for adults who recall their trauma—and they weep. Many children who are studying Windrush visit the monument, which is so uplifting. But, sadly, the shadow of the scandal hangs over us as it remains clear that the injustices suffered by the Windrush generation still need to be addressed in a more urgent and timely manner than is currently the case. Victims are suffering from trauma and serious ill health, both physical and mental.

The number of people affected by the scandal is likely to be much higher than estimated by the Home Office. Figures vary dramatically and can be confusing but, as far as I can gather from lawyers, out of the potential 7,500 Windrush claimants—that is, those who have obtained status documents and have suffered detriment—only 2,097 have received compensation. That is £75.9 million out of the £500 million put aside.

The Home Office scandal caused by the hostile environment policy resulted in untold harm to the hard-working people of the Windrush generation. These citizens lost their homes and became homeless, living on the streets or being accommodated by friends or family in overcrowded properties. They lost access to their bank accounts and had to borrow and beg for money to survive. They lost their driving licences and their pensions. They suffered the humiliation of having to borrow from or take handouts from their adult children. They could not access benefits. They could not access the NHS, so their health suffered and many died as a consequence of the lack of timely medical treatment.

Their children, grandchildren and great-grandchildren also had their British citizenship denied. Many young people’s higher education stopped as they could not establish their citizenship. Many were unlawfully detained in detention centres, causing them humiliation, shock, embarrassment and mental anguish. That, in turn, affected their physical and mental health. Many were unlawfully deported, as admitted by the Government. Some were taken to countries they did not know and had to live on the streets without family support. Many died without receiving compensation.

This is a human story, full of injustice and emotional trauma. The survivors of the scandal feel let down and unheard, and their situations misunderstood. They are not illegal immigrants, refugees or asylum seekers; they are British citizens who entered the UK lawfully to study or work.

After years of work and dedication to Britain, it has been pointed out by Age UK that one of the many hidden consequences of losing employment and entitlement to benefits due to the scandal is that many drew their private pensions early to make ends meet. This has led to reduced private pension pots. In some cases, a loss of employment may have led to the loss of a private pension. However, loss of private pensions is not currently included in the scheme’s calculation of loss of earnings. This is despite repeated calls from campaigners for the inclusion of private pensions.

While being locked out of employment, claimants have also missed out on their workplace pensions which they have accumulated over many years. This is particularly important because the majority of the Windrush victims are of, or approaching, pensionable age. Estimating these losses is complex but, as they are a direct result of action taken by the Home Office, Age UK believes that the Government should find a way to cover them in the compensation scheme. So will the Government consider including loss of future earnings, which is not currently compensated for, under the scheme?

One of Britain’s largest unions, Unison, has told me that its fears were realised as reports came in of compensation claims being delayed longer than a year, complex forms, small payments and high levels of proof. The compensation scheme has placed victims under scrutiny, treating their claims with suspicion and placing their applications and lives in limbo. This has to end.

Thankfully, there are a number of lawyers, and individuals such as Patrick Vernon, who have got organisations to join together to set up the Windrush Justice Clinic to support and assist Windrush victims. They have all told me that victims are nervous about coming forward, for they know that the same people responsible for deporting them are also dealing with the compensation scheme and believe that this scheme should be overseen by an independent body. I have received dozens of case studies to justify this.

The Government must understand that victims are coming from a starting point of having their core beliefs destroyed by this scandal. They have little or no trust in authority, meaning that lawyers assisting them must first get over the hurdle of persuading them to trust and believe that they and others are there to help—others such as Glenda Caesar. She came to the UK as a baby, lost her job as an NHS administrator in 2009, faced deportation and was denied the right to work for nearly a decade. She now represents other Windrush victims and their claims for compensation. Just last week, someone working here on the Parliamentary Estate contacted me about problems they are having with a Windrush compensation claim. I connected them with Glenda and with other agencies.

Windrush victims need support similar to those affected by the Post Office scandal. The former government adviser to the Windrush compensation scheme, Martin Forde KC, who has since become one of its fiercest critics, said that the process for the Windrush victims to claim compensation

“is still very document heavy”.

It moves very slowly and the scheme cries out for legal aid.

Retired judges, senior parliamentarians and forensic accountants all are working on the postmaster scheme. Why are the Government not applying this kind of expertise to the Windrush compensation scheme? Anyone who has seen the form will know how complex it is, especially as many claimants are in their 60s and 70s and have no access to the internet. Even lawyers and solicitors say that they are having problems with the three different types of form: the primary application form is 44 pages long; the close family member application form is 24 pages long; the representative of estate application form is 46 pages long. All come with vast online support notes and the requirement of a large number of supporting historic documents. Lawyers have told me that these forms are one of the biggest hurdles to getting people to apply.

The House of Commons Home Affairs Committee agreed, and said that the scheme should be transferred to an independent body. This is something I called for from these Benches back in 2019. I was told by the Minister that it would take up to two years to implement. That was five years ago. This scandal is not going away. As the Justice 4 Windrush campaign, led by Colin McFarlane, has shown, this has wide support from all sectors of society across the country—the campaign’s online letter to the Prime Minister has also called for an independent body to be established.

No amount of compensation can ever erase the hurt and humiliation that the Windrush generation have suffered since their arrival in the motherland, when signs in the windows read, “No Irish, no dogs, no coloureds”. I witnessed those signs. We have heard so much about righting the wrongs for the Windrush generation but the Government’s good intentions must be matched by good outcomes. The Wendy Williams compensation recommendations were accepted by the Government with good intentions, only for three important ones in the report—including having a migrant commissioner—to be rolled back on in the most disrespectful way, as I highlighted in this House last year. It is clear that the Government must demonstrate their well-crafted words of intent through well-crafted actions, and stop this further humiliation and undignified treatment of the Windrush generation.

There is an automatic payment of between £10,000 and up to £100,000 for those British citizens who have been granted documentation through the status scheme, as they have suffered a high level of impact on life. This should be decided in six weeks, said the Government, but it has taken much, much longer. Why?

To make matters worse, it has emerged that children born in the UK after 1983 are now being rendered stateless. This highlights the need for a renewed approach, working in partnership with national organisations that support those affected on a daily basis, to ensure not just that wrongs are addressed but that related issues faced by those caught up in the scandal are fully considered.

It is now more important than ever to properly resolve this situation for the thousands of people affected, with compassion, consideration and empathy, as quickly as possible in view of their age and trauma. Once they have been sorted out, their descendants’ lives can also be sorted out.

We have had five Secretaries of State dealing with the Home Office scandal, yet only one has taken the time to meet with the Windrush victims, some of whom are sitting in the Chamber today. They are proud, hard-working people who have contributed to British society, but they have been humiliated in the most disrespectful way. Will the Minister show empathy and take time to meet them personally after this debate? For progress to be made, it is essential that trust and confidence in the relationship between the Home Office and the Windrush generation is restored. Sadly, we are far, far from this. The solution should be for an independent body to deal with this scandalous, heartbreaking, cruel and shameful episode of British history, because trauma lasts a lifetime.

--- Later in debate ---

[Baroness Benjamin (LD)]

I thank the Minister for his comments and all noble Lords who have taken part in this important debate for their kind remarks. We are friends all over the House—on all sides of the House—which is great. It is what I try to do. I thank them all for their passionate speeches, which have shown that everyone across the House who has spoken cares about fairness and justice above everything else.

Perhaps I should declare an interest as part of the Windrush generation because I came to Britain aged 10 on my elder sister’s passport in 1960. Fortunately, when I was 17 my mother wisely decided to apply for passports for all her six children. Had she not done so, I could easily have become a Windrush victim.

The Home Office did not seem to have much difficulty in identifying people accused of being illegal and was prepared to deport them as quickly as possible. Yet it does not practise the ability to identify those who are eligible for compensation at the same speed.

I am naturally disappointed with some of the answers the Minister has given us—but not surprised, because the reality of the Windrush victims’ experiences is not as happy or as positive as he might have pointed out. He does not agree with me and noble Lords from across the House who have spoken that we need an independent body. It is a common-sense solution to end this unfortunate scandal. Members of this House have agreed with that for so many years now.

My noble friend Lord Bourne and I have been allies over the years, and I thank him for his support and kind words. It is always a joy to work with him, especially on the National Windrush Monument. I thank him.

The noble Lord, Lord Davies of Brixton, reminded us of the contribution the Windrush generation has given to the country and mentioned the new Windrush line, which will for ever keep it in public memory thanks to the Mayor of London. I thank the noble Lord for mentioning that.

I thank my noble friend Lord Woolley for his passionate and moving speech. He reminded us that the King has shown empathy with the Windrush generation by commissioning those 10 portraits, which will be part of the Royal Collection, celebrating the 75th anniversary of the arrival of Windrush pioneers. The Prime Minister held no such celebration, even though I wrote begging him to meet the Windrush victims.

My noble friend Lady Burt pointed out the low payments offered to claimants with no justification and, like other Peers, asked why the three Wendy Williams recommendations were dropped. I note what the Minister said, but we need to find out why this has happened. We have also called once again for that independent body.

My noble friend Lord Adebowale asked for an apology to not just the Windrush victims but all the Windrush generation and the majority of the people in this country who feel ashamed of the blot on the landscape of this British history saga.

The right reverend Prelate the Bishop of Newcastle, my “Play School” baby, spoke with passion in calling for trust to be restored, as the nation deserves it. It feels ashamed of what has happened to these Windrush victims.

I thank the noble Lord, Lord Griffiths, for reminding us that this is not a party-political issue but a national issue.

Like others, the noble Baroness, Lady Bennett, agreed that there should be an independent body. That is coming over time and again. She also pointed out that racism is still present in our society. Even children are facing this injustice, as I had to 64 years ago when I arrived in this country.

I thank the noble Lord, Lord Hastings, who is an inspiration to me and a towering figure in the House. He suggested fixing the problem immediately, before the election. What a joy that would be. I will not have to call another debate if that happens.

I thank my noble friend Lady Brinton, my “Play School” colleague, for she has continued to support me on this issue and has pointed out that schoolchildren across the country are reading my book, Coming to England, and do not want to grow up in a society where we are dealing with this scandal. They see it as unfair and unjust. They write to me and say, “Floella, when I grow up, I will not be racist. I understand about Windrush. I want to be a decent human being in this country, embracing all people”. That is what children are understanding. That is what we have to show them as examples.

The noble Lord, Lord Ponsonby, outlined the timeline of the Home Office scandal, which is very focused in showing the injustice of this human story.

I thank all the organisations and individuals who have assisted with and contributed to this debate, including Action for Race Equality, Justice 4 Windrush, the Windrush National Organisation, the Windrush Justice Clinic, Age UK, UNISON and many more, all the lawyers who have advised me and the dozens of Windrush victims who have shared their harrowing stories. We have all come together, collaborating to bring this unhappy saga to a satisfactory conclusion. We have reached out to the Government and hope that they listen and act on what has been said today, because the fight for justice will continue. Once again, I thank all noble Lords for taking part in this important debate—and, yes, let it be the last time that I do so.

Motion agreed.

Windrush Generation

Baroness Benjamin Excerpts

Tuesday 28th November 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, I mentioned the Windrush Lessons Learned Review. The Home Office has implemented the majority of the 30 recommendations made in the 2020 report. Key changes include implementing a new ethical decision-making model, new training for caseworkers, a Permanent Secretary-chaired strategic race board and new forms of scrutiny. As for the compensation scheme to which the noble Lord referred, he will be very pleased to know that the time to allocate a claim for substantive casework consideration has dropped from 18 months to under five months and work is continuing apace on that.

[Baroness Benjamin (LD)]

My Lords, there is a growing suspicion that the compensation scheme that has been implemented was designed to fail. Procedural delays have meant that only 12.8% of the estimated 11,500 eligible claimants have been compensated. As we have heard, applicants report a growing fear and mistrust of the Home Office, which was responsible for this historic injustice. Many are experiencing trauma as a result of their interactions with the Home Office, so can the Minister explain what steps have been taken to create a replacement policy that is independent, transparent, fair and will include access to legal aid and a right of appeal to an independent tribunal? How soon can this policy be implemented to deal with this Home Office scandal?

[Lord Sharpe of Epsom (Con)]

My Lords, the compensation scheme was designed to be as clear and simple as possible so that people do not need legal assistance to make a claim. In 2021 and 2022, in response to feedback from and indeed in consultation with stakeholders, we published redesigned claim forms. The new forms are longer but are easier to complete because they include more targeted and closed questions to help people understand and provide the key information that we need from them. The claim forms now have a crystal mark from the Plain English Campaign, demonstrating our commitment to ensuring the scheme is accessible. As the noble Baroness will be aware, the scheme is also subject to independent scrutiny.

Windrush Generation: 75th Anniversary

Baroness Benjamin Excerpts

Friday 7th July 2023 Lords Chamber

[Baroness Benjamin (LD)]

My Lords, I thank the Government for having this important celebration debate, and for their commitment to Windrush 75, which they have shown across many departments. I also thank the Minister for his kind remarks.

Five years ago, when we celebrated the 70th anniversary of Windrush, not many people knew what Windrush meant. Fast-forward to the 75th anniversary and things are completely different, which shows that progress is being made. Every news channel and media outlet and numerous magazines covered the anniversary. They could not get enough of Windrush. The scandal brought it to their attention. This was partly due to the creation of the national Windrush Day—22 June—which was the result of a hard-fought 30-year campaign led by the late Sam King MBE, a Windrush pioneer. It was also due to the National Windrush Monument, created to recognise and acknowledge the contribution made by Caribbean people to Britain, which the Minister highlighted.

I was honoured and privileged to chair the Windrush Commemoration Committee, which was responsible for overseeing that historic creation. This enormous task was a labour of love. It took four hard, challenging years, littered with obstacles and setbacks, but, with total commitment and dogged determination, a magnificent, 12-foot high monument, designed by the world-renowned Jamaican artist Basil Watson, was delivered and unveiled at Waterloo station last year, on Windrush Day, by the last two known living Windrush pioneers from 1949, Alford Gardner and John Richards, and their descendants. The monument has quickly become a landmark, and Network Rail led a 75th anniversary commemoration event there to celebrate its links to the Windrush generation and laid wreaths in their honour.

The “Empire Windrush” was not the first ship to bring Caribbeans to the motherland in 1948, but it has become a symbol of that quest. The thousands who followed until 1973 also showed great loyalty, courage, bravery, resilience, dignity, pride and fortitude, despite facing rejection, humiliation, violence, death and hatred. They came with hope and optimism in their hearts. Many Caribbean people who visit the monument at Waterloo are moved to tears and overcome with emotion, as it invokes memories of the treatment they received when they arrived in Britain. It has become a place of solace. Some say they wish their deceased relatives were still alive to see this momentous symbol. Many people say, “Meet me by the monument”.

I am part of that lived Windrush experience, because I came to England in 1960 as a 10 year-old, travelling from Trinidad by ship, then by train from Southampton to Waterloo station, arriving on platform 19 with my grip—what we Caribbeans call a suitcase. Proud, I stood just a few feet away from where the National Windrush Monument now stands. Who would have thought? This is why I say to children and young people, “Never give up, always keep hope in your heart”. Today, in every part of British society, people are finally recognising the massive contribution the Windrush generation and their descendants have made. We are no longer told, “You’ve got a chip on your shoulder”. This chapter of our history is now being acknowledged, celebrated and studied in every corner of the country.

My book Coming to England, which I wrote 27 years ago, is now read in almost every school in Britain. It is more relevant today than ever. I get letters from seven year-olds saying that they now know about Windrush and they will never be racist towards anyone because of the colour of their skin or because they are different. Childhood lasts a lifetime, so this gives me a great feeling of hope and optimism, especially when I think of the time when I came to Britain and my classmates relentlessly called me racist names and spat at me. They did not know where Trinidad was and told me to go back to where I came from. At that time, some Caribbean children were even put in schools for the “educationally subnormal” because of their Caribbean accents. Things have not entirely changed. Unbelievably, I am receiving letters from children who are suffering racist abuse in schools and on the streets today, like what I had to endure back in the 1960s. More education is needed. We have to fight this scourge.

We are at a significant moment in history, so I ask the Minister: what are the Government doing to further encourage the teaching of the Windrush experience in schools as an important part of British history? We have to see ourselves to know that we belong. The National Archives holds copies of the passenger lists of many ships that brought Caribbean people to the UK. I wept when I saw my name on one. It is worth mentioning, as the noble Baroness has just said, that not only Caribbean people arrived on the “Empire Windrush” in 1948 but a number of Polish people. Despite also facing adversity, they too have made an enormous contribution to Britain and should be remembered.

This year, as part of the Windrush 75th anniversary celebration, the National Archives formulated an educational schools project to empower ethically informed learning of British history. It arranged for me to speak on a web call to over 15,000 schoolchildren about my Windrush journey. It was so poignant. Who would have thought? King Charles asked me to set up the Windrush Portraits Committee as he wanted to celebrate Windrush 75 by commissioning 10 portraits of Windrush elders over the age of 90—Windrush nobility who have made a contribution to British society in areas such as the NHS and to the economic well-being of Britain across the decades. They are pioneers whose shoulders we now stand on as they had to overcome adversity and prejudices on a daily basis to survive. They have paved the way, and now they have a chance to share the trauma they carried and to tell their untold stories through portraiture. The portraits were unveiled at Buckingham Palace and will be shown at the National Portrait Gallery for seven months. They will become a part of the Royal Collection and represent communities nationwide.

The BBC produced a moving documentary about that project, connecting sitters and artists as they captured the importance of this part of British history—what a legacy. Royal Mail has issued an incredible set of Windrush stamps, which I launched at the Black Cultural Archives. They show how Caribbean culture has helped to shape Britain. The 50 pence coin, beautifully designed by Valda Jackson, also celebrates Windrush 75 and honours those who have paved the way to help enrich British history. The King also held a Windrush 75th anniversary service at St George’s Chapel in Windsor for schoolchildren, which was truly inspirational. The church service at Southwark Cathedral brought church leaders and Windrush communities together from across the country—how things have changed. When Caribbean people first came to Britain, we were told we were not welcome in churches. We had to form our own, black-led churches, such as the New Testament Church of God in 1953, which now has 130 branches across the country full of worshippers.

This year has seen jubilant celebrations of the Windrush 75th anniversary. I believe we must not be defined by the so-called scandal. In fact, I propose it should not be called the Windrush scandal any more but renamed the Home Office scandal. It has caused the misery, trauma and heartache which continue and remain a stain on British society with the unresolved compensation issue of Windrush victims. I have heard from numerous lawyers that the compensation forms are so complex, even legally qualified people have difficulty filling them out.

They tell me numerous claims have been rejected based on inconsistent reasoning and not fully considered, even after appeals. There is a huge backlog of compensation cases. Only 25% of applicants to the scheme have received payments, and 93% of survivors have not been compensated at all. Many are scared to approach the Home Office as it is also the public body of immigration enforcement, the threat of which many have encountered without the documentation to prove their lawful status. Trust has disappeared, and drastic measures are needed to bring it back.

Four years ago, I pleaded with the Government to establish an independent body to oversee the Windrush compensation scheme. My pleas, and those of thousands of others, have been ignored. Once again, I implore the Government to consider this proposal, or perhaps consider an amnesty and pay claimants in full without the need for the traumatic, stressful and painful application process that victims have to go through. After all, the money is there.

We need to put the stain on British history of the Home Office scandal and hurt caused to the Windrush victims behind us, once and for all. The Windrush generation and the decent, compassionate people of this country deserve no less. Anything less is an insult to people like myself and the thousands of others who have dedicated their lives to this country and who have made a difference to the lives of others. The Prime Minister must show he cares too, by engaging with the Windrush community and the Windrush victims. So far, he has not, and public perception matters.

I am an optimist, and I believe that eventually good will prevail. We all need to work together and continue to build a solid foundation for future generations. That is why I am involved in establishing a national Windrush museum, which will do just that. It will bring together all aspects of lived Windrush experience.

I was honoured to represent the Windrush generation and carry the sceptre with dove, representing equality, spirituality and mercy, at King Charles’s diverse and inclusive Coronation, which I believe is a glimpse into the future. Here is to more glorious, all-embracing British historic Windrush celebrations in years to come.

Black and Minority-ethnic Children: Police Strip-searches

Baroness Benjamin Excerpts

Monday 27th March 2023 Lords Chamber

Asked by

[Baroness Benjamin]

To ask His Majesty’s Government what assessment they have made of the report by the Children’s Commissioner showing that 2,847 children, disproportionately from black and minority ethnic backgrounds, have been strip searched by the police since 2018.

[Baroness Benjamin (LD)]

My Lords, I beg leave to ask a Question of which I have given private notice. In doing so, I declare my interest as a vice-president of Barnardo’s.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I am grateful to the noble Baroness for her Question. The Children’s Commissioner’s report raises a number of concerns that we take extremely seriously. Strip-search is one of the most intrusive powers available to the police. No one should be subject to the use of any police power based on their race or ethnicity. The IOPC is currently investigating several instances of children being strip-searched and it will review whether existing legislation, guidance and policies remain appropriate. It is right that we await its findings.

--- Later in debate ---

[Baroness Benjamin (LD)]

My Lords, it is sickening, shocking and truly disturbing to read the Children’s Commissioner’s report on the thousands of children who have been strip-searched by the police unsupervised. Most of us thought that being strip-searched was a rare occurrence during the Child Q scandal. This has proven not to be so. Worryingly, those from black and ethnic-minority backgrounds appear to be disproportionately targeted. Childhood lasts a lifetime. The mental trauma, mistrust, abuse and humiliation suffered by these children will stay with them, at a huge cost to society. How are the Government going to address this unacceptable and despicable practice? What recourse and disciplinary action will there be when a safeguarding failure is found to have taken place?

[Lord Sharpe of Epsom (Con)]

My Lords, the noble Baroness is right. Any child subject to strip-search under PACE should be accompanied by an appropriate adult unless there is an urgent risk of serious harm or where the child specifically requests otherwise and the appropriate adult agrees. Such searches must be carried out by an officer of the same sex as the child. The Children Act 2004 encourages agencies to share early concerns about the safety and welfare of children and young persons and to take preventive action. The Act requires local policing bodies and chief officers to co-operate with arrangements to improve the well-being of children in the authorities’ area. It is too early for me to comment on what sort of disciplinary processes and so on might be implemented in cases where there are failures of these things. As I said, we are awaiting the report from the IOPC and will make the appropriate response in due course.

Windrush Lessons Learned Review: Implementation of Recommendations

Baroness Benjamin Excerpts

Thursday 12th January 2023 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

I agree with the noble Lord that the injustices of Windrush were an outrage. Clearly and unfortunately, it was Governments of all complexions who allowed that scandal to unfold. The noble Lord asked me whether the Windrush compensation scheme is failing. The Government—and I, as the supervising Minister for the Windrush compensation scheme—are very clear that we must compensate members of the Windrush generation and their families for the losses and impacts they suffered as a result of the scandal. We believe that we have made significant progress, having now offered a total of more than £59.58 million in compensation. As to the question about recommendations, the noble Lord knows that the Government will not comment on leaks, and I do not propose to do so today.

[Baroness Benjamin (LD)]

My Lords, this year there should be jubilant celebrations of the 75th anniversary of Windrush, a symbol of Caribbean people coming to Britain with good intentions. However, because of the Windrush scandal, one can be forgiven for feeling anxious, nervous and worried when we hear reports regarding government plans to go back on Wendy Williams’s recommendations. In my recent letter to the Prime Minister, I stated that this would be disrespectful and perceived as wicked, vindictive and heartless. This is a matter of national pride and we must be determined to right the wrongs, injustice and hurt. Compensation should be accelerated before more claimants die. Once again, therefore, will the Government categorically assure me, this House and the Caribbean community that these rumours are not true and that they intend to fulfil all their pledges?

[Lord Murray of Blidworth (Con)]

As I observed to the noble Lord a moment ago, the Government do not comment on leaks, and I do not propose to do so now. On the separate question that the noble Baroness asked, I entirely agree that there should be a fantastic celebration of the 75th anniversary of Windrush, and the successes of the Windrush compensation scheme and the Windrush scheme in granting status are factors to feed into that great celebration. On the final aspect of her question—the speeding up of payments under the Windrush compensation scheme—I am glad to report that we have issued final decisions in more than 59% of the claims received and have concluded more than 43% of claims. In July 2021, we also published a redesigned primary claim form and refreshed casework guidance with the aim of reducing the time taken to process claims and improving people’s experiences of applying to the scheme. We are recruiting additional caseworkers, directing resources to maximise performance and refining processes so that cases can progress as quickly as possible. We have delivered on the promise to recruit and post at least 120 EO-level casework resources by the spring of 2022, and we will continue to recruit additional resources.

Metropolitan Police: Strip-search of Schoolgirl

Baroness Benjamin Excerpts

Tuesday 22nd March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

The right reverend Prelate may have heard me say, when we discussed Sarah Everard’s murder, that I would not feel confident in saying no to the police if I were requested to do something. In a way, that is at the heart of this issue. It will all come out in the IOPC review, but did the school have confidence in saying, “Excuse me?” to the police or, “This is the way that we do safeguarding at this school”? That will all come out in the review. However, whatever the organisation, whether it is schools, teachers or the health service, we need to have confidence in challenging—not refusing but challenging—the police if we think they have got it wrong.

[Baroness Benjamin (LD)]

My Lords, childhood lasts a lifetime. The indignity that child Q had to go through is going to scar her for life. My daughter is a teacher and she too was appalled to learn about this blatant act of abuse of human and legal rights in a school—a place where children should be protected from physical and emotional harm. After the death of George Floyd, and Black Lives Matter, we all should know better. The police should know the importance of following the stringent guidelines and procedure when dealing with cases involving young people, especially those of colour, so both teachers and the police have questions to answer. What is being done to reinforce the safeguarding measures already in place to ensure that this kind of abusive and traumatic incident never, ever, happens again?

[Baroness Williams of Trafford (Con)]

The noble Baroness will have heard me talk about some of the measures that are already in schools and public institutions to safeguard children. Safeguarding children should be at the centre of what we do as public servants. There are clear guidelines around safeguarding and the type of thing we were talking about this week in relation to child Q. Strip-searching is probably one of the most intrusive things that one could ever do to a child.

I am going to beg the indulgence of the House and ask whether the noble Lord, Lord Harris of Haringey, might be allowed to come in.

Windrush Compensation Scheme

Baroness Benjamin Excerpts

Wednesday 24th November 2021 Lords Chamber

Asked by

[Baroness Benjamin]

To ask Her Majesty’s Government what steps they are taking to ensure that people who applied to the Windrush Compensation Scheme have their claim decided as a matter of urgency.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, we remain committed to ensuring that people receive every penny of compensation that they are entitled to and we have offered more than £37.2 million. There is no cap on the amount that we will pay and we have removed the end date of the scheme. Suggestions that only 5% have received a payment are misleading; 29% of the claims that we have received have had a payment. We are processing claims as quickly as we can and continue to make improvements. Many of these were recognised in the Home Affairs Select Committee’s report, but we recognise that there is more to do and will consider the report carefully.

[Baroness Benjamin (LD)]

I thank the Minister for her reply. I declare an interest as chair of the Windrush Commemoration Committee, which is placing a national Windrush monument at Waterloo station, where I arrived when I was a 10 year-old in 1960. It will celebrate the enormous contribution of the Windrush generation to Britain.

But the Windrush scandal has created a stain on British history, and many innocent people branded as illegal, now in their 70s and 80s, are still traumatised by the burden of proof and the treatment that they have endured. There is an overwhelming feeling of distrust and a feeling that their compensation claims will never be paid. So to reassure these British citizens who have served this country well for generations, will the Government consider appointing an independent body to deal with the Windrush compensation scheme before any more of these claimants pass away?

[Baroness Williams of Trafford (Con)]

First, I pay tribute to the noble Baroness and all that she has done for the Windrush generation. I totally agree with her that the scandal of it, which spanned several decades, and Parliaments and Governments of every colour, is indeed a stain on our history.

With regard to the evidence, we have designed the scheme to be as simple as possible, and its whole rationale is to pay compensation, as opposed to not paying it. So the scheme operates on the balance of probabilities, and we will work with individuals to support them to provide and obtain as much information as possible to support their claim. We want to make it easy, not difficult, for them to do so, so caseworkers will contact other government departments and third parties, such as previous employers, if necessary. In July, we published refreshed casework guidance that clearly sets out how caseworkers should apply the balance of probability and go about gathering that evidence. We want people to receive the maximum amount of compensation, not the minimum, to which they are perfectly entitled.

Strategy for Tackling Violence against Women and Girls

Baroness Benjamin Excerpts

Thursday 22nd July 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

Well, I think the noble Baroness will have heard me addressing the issue of public sexual harassment to the noble Lords, Lord Rosser and Lord Paddick—which is to say that not only is it completely unacceptable but we are looking at where there might be gaps in the law to address it. We are compliant with the Istanbul convention in all but three areas, and I can assure the noble Baroness that we are committed to ratifying and will do so as soon as we are fully compliant. We will then inform Parliament of the date. We will be compliant once Northern Ireland has introduced its new domestic abuse offence in the autumn and we have determined our compliance position on migrant victims. She will know about the pilot scheme. The House must acknowledge that, in some cases, we do more than we need to do to be compliant—for example, with forced marriage protection orders—but we are not complacent.

[Baroness Benjamin (LD)]

My Lords, nowhere in the Statement is there any mention of online pornography. Yet the Times and the Telegraph both reported that Wayne Couzens, who pleaded guilty to the rape and murder of Sarah Everard, was obsessed with violent, extreme pornographic websites. So what assessment have the Government made of the effect of their decision in 2019 not to implement Part 3 of the Digital Economy Act, as planned, on the safety of women and girls? It would have meant that, since the beginning of 2020, we would have had a regulator with powers to take robust action against any pornographic website showing extreme, violent pornography in the UK.

[Baroness Williams of Trafford (Con)]

My Lords, I am grateful to the noble Baroness for raising this, and she is absolutely right in what she said. I know this will not be to her full satisfaction, but we are, through the Online Harms Bill, going to be addressing some of the issues that cause concern, such as user-generated pornography. I know that is not what she is referring to, but we are going some way towards addressing it.

Domestic Abuse Bill

Baroness Benjamin Excerpts

Report stage
Wednesday 17th March 2021 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

I hope that in my contribution I covered the points about the role that Ofcom can and will play in the new online harms framework, including the point I made at the end of my speech about the enforcement action that it will be able to take, not just in the UK but overseas as well.

[Baroness Benjamin (LD) [V]]

My Lords, I thank all noble Lords who have taken part in this debate, both on Monday night and today, and the Minister for his response. Today, we are confronted with another pandemic, one that ruins lives and for some is the cause of death. That pandemic is violence by men against women. I am very grateful to all those who have spoken in support of my amendment, which attempts to deal with this pandemic. I am also touched and encouraged by the huge amount of support I have received from NGOs and members of the public. I am grateful to them.

I am, of course, very disappointed by the Government’s response, especially as the Minister cannot confirm that the online harms Bill will be debated soon. I am disappointed that, even though those who spoke so passionately in support of my amendment made it clear that we are not opposing the online harms Bill—I want it to come to the House as soon as possible—so much of the Minister’s response was devoted to that issue. I am also disappointed the Minister’s response addressed Part 3 as though it was narrowly concerned with child protection. Of course it is about child protection, but it is also very relevant to stopping domestic violence, because it would make it less likely that children are exposed to pornographic websites as they move into adulthood with the expectation that violence is a normal part of sexual relationships.

The noble and learned Lord, Lord Mackay, and speaker after speaker have highlighted the fact that, if Part 3 had been implemented, we would today have a regulator that would take robust action against any website showing illegal, violent, extreme pornography in the UK. As we contemplate what is happening in our country at the moment and the concerns about violence against women, the very least the Government could do would be implement Part 3 so that we can create an environment that is less hostile to women by tackling illegal, violent, extreme pornography on pornographic websites.

The Minister also said that it would take far longer than I have suggested to implement Part 3. Apart from the fact that it would take less time to implement primary legislation that has already been passed than primary legislation that has not even been published, the Minister failed to engage with the very serious point that I, the noble and learned Lord, Lord Mackay, and others made that Part 3 could be in place in months if the BBFC was used as a regulator. It is capable of doing that. It is all set up to do that.

At the present time, the argument that the Government do not want to use the BBFC because they prefer Ofcom is not convincing. Nor is the argument about changes in technology; this does not hold water. The Government can use Ofcom as a regulator for the online harms Bill legislation when it is implemented, but, as a powerful open letter to the Prime Minister published today by women’s organisations makes clear, if the Government try to suggest that the safety of women should be needlessly compromised over the next few years just because they do not want to designate the BBFC as an interim regulator, that will go down very badly with the public. The public have told me that, and Members across the House have seen what the public feel about that.

The noble Baronesses, Lady Grey-Thompson and Lady Finlay, reminded us of the evidence of how the compulsive use of pornography can affect the brain and the decision-making process of the user over time. This is something we have to take very seriously indeed.

The Prime Minister quite rightly says he wants to protect women and children from violent attacks. My amendment will allow him to do so immediately, by enforcing legislation that has already been passed. Waiting on the online harms Bill means we will continue to create a conveyor belt of sexual predators who commit violence against women because of the porn they watch as boys and men.

There are times in life when we have to do the right thing, especially in the context of the current outpouring of concern about women’s safety. I believe that, regardless of what great protections an online harms Act eventually provides, history will judge that, from the perspective of the best interest of the safety of women and children in the second half of 2021, and 2022 and 2023, the non-implementation of Part 3 was a grave mistake. This is why I simply cannot let this matter go. I would be failing in my duty as a parliamentarian whose life has been devoted to promoting the best interests of women and children. Therefore, it is with a heavy heart that I wish to test the opinion of this House.

[The Deputy Speaker (Baroness Watkins of Tavistock) (CB)]

I will now put the Question on Amendment 87A. We heard a Member taking part remotely say they wished to divide the House in support of this amendment, and I will take that into account.

Domestic Abuse Bill

Baroness Benjamin Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

Moved by

[Baroness Benjamin]

177A: After Clause 72, insert the following new Clause—
“Impact of online pornography on domestic abuse
(1) Within three months of the day on which this Act is passed, the Secretary of State must commission a person appointed by the Secretary of State to investigate the impact of access to online pornography by children on domestic abuse.(2) Within three months of their appointment, the appointed person must publish a report on the investigation which may include recommendations for the Secretary of State.(3) As part of the investigation, the appointed person must consider the extent to which the implementation of Part 3 of the Digital Economy Act 2017 (online pornography) would prevent domestic abuse, and may make recommendations to the Secretary of State accordingly.(4) Within three months of receiving the report, the Secretary of State must publish a response to the recommendations of the appointed person.(5) If the appointed person recommends that Part 3 of the Digital Economy Act 2017 should be commenced, the Secretary of State must appoint a day for the coming into force of that Part under section 118(6) of the Act within the timeframe recommended by the appointed person.”Member’s explanatory statement
This amendment would require an investigation into any link between online pornography and domestic abuse with a view to implementing recommendations to bring into effect the age verification regime in the Digital Economy Act 2017 as a means of preventing domestic abuse.

[Baroness Benjamin (LD) [V]]

My Lords, I will speak to Amendment 177A in my name and those of the noble Lords, Lord Alton and Lord McColl, and the noble Baroness, Lady Healy. This amendment would require the Secretary of State to commission a person to investigate the impact of access to online pornography by children on domestic abuse. It further requires that the appointed person must publish a report on the investigation and that, if they recommend that Part 3 of the Digital Economy Act 2017 should be implemented, the Secretary of State must appoint a day for that part coming into force, under Section 118(6) of that Act.

Some may ask why this amendment is central to the Domestic Abuse Bill. During its passage through the other place, the Bill was amended to embrace what is now Clause 65, which very properly removes the defence of consent in cases of rough sex when someone suffers serious injury or death. Embracing this provision, the Bill before the Committee rightly makes it plain that sexual violence is part of domestic abuse. One of the striking things about the debate in the other place that gave rise to Clause 65 is that it was informed by material that made it plain that there is a connection between an interest in experimenting with rough sex practices and the prior consumption of pornography depicting such practices.

Louise Perry of We Can’t Consent to This, the key group that campaigned for Clause 65, said:

“We can’t really ignore the porn factor … It’s there at a click of a button and can be accessed at such a young age. And the algorithms push you into a rabbit hole of more and more extreme stuff.”


The argument for Clause 65 was also informed by Savanta ComRes, which polled 2,049 men in Great Britain between 7 and 10 February last year for Radio 5 Live and BBC Radio Scotland. The polling asked the following question:

“Thinking specifically of times you performed slapping, choking, gagging or spitting during consensual sexual activity, to what extent do you think pornography influenced your desire to do so?”


The answers were striking: 57% of those questioned said that it did, of whom 20% said that it influenced them “a great deal”.

I am very pleased that the other place amended the Bill to insert Clause 65, which addresses problems resulting from rough sex practices. However, to date, Parliament has only followed through on the logic of Clause 65 taking rough sex seriously at the level of dealing with the consequences of this form of domestic violence. We have not exhibited the same level of concern in relation to the steps that can be taken to prevent this form of sexual violence in the first place.

We need joined-up thinking here. We need action to prevent injury or death through rough sex, as well as criminal justice measures to ensure that perpetrators are brought to justice. One of the most basic strategies of prevention in that regard is to protect under-18s from material that normalises the expectation of violence in sexual relationships. Taking the step proposed in the amendment would constitute strategic investment in the next generation to ensure that as children enter adulthood, they do not do so believing that violence is a natural part of sexual relationships, with all that that means for their adult behaviour.

The irony, of course, is that Parliament has passed legislation that protects under-18s from such material on commercial pornographic websites, but the Government have refused to implement it. Had the Government implemented Part 3 of the Digital Economy Act 2017 in 2019, under-18s would now be protected from exposure to pornographic content on pornographic websites, including significant rough-sex material. An interviewee said in a recent government report: “On ‘Pornhub’ you don’t have to look in the rough sex category to get rough sex. They’re just standard videos of men having sex with women by grabbing them by the throat”.

Of course, when the Government announced that they were not going to implement Part 3 in October 2019, they acknowledged only one downside to that approach—that of delay. They suggested that having to wait was worth while because the forthcoming online safety Bill would provide better protection from commercial pornographic sites than Part 3. However, in December 2020, when responding to the online harms consultation, the Government conceded not only that there would be a huge delay in providing protection to under-18s—probably until 2023, possibly even later—but that the alternative means of protecting children from commercial pornographic sites would also be much weaker. In the first instance, the Government confirmed that, unlike Part 3 of the Digital Economy Act, the protections afforded under the online harms Bill would engage only with user-generated, not non-user generated, content. In the second instance, the detail that the Government provided about enforcement did not provide the reassurance required.

Noble Lords will recall that when Parliament scrutinised the Digital Economy Act, the point was made that of the 50 most accessible pornographic websites in the UK, none were based in the UK. Consequently, the only way to gain leverage over the sites in other jurisdictions in relation to enforcing age-verification blocks would be through IP blocking. A site accessing the UK market from Russia without robust age-verification checks would be told by the regulator to put those checks in place within a certain timeframe or risk being blocked. The site would then have to decide either to put in place those robust checks or lose significant UK revenue as a result of blocking.

However, in responding to the online harms consultation in December last year, the Government proposed fines as the main means of enforcement and seemed to entertain IP blocking only as a last resort, which is very concerning. At Second Reading, I raised those concerns, along with the noble Lords, Lord Alton, Lord McColl and Lord Morrow, and the noble Baroness, Lady Eaton. Since that debate, the Government have taken two steps that only amplify the difficulty. First, on 26 January, the noble Baroness the Minister wrote to Peers to address the points we made in relation to pornography at Second Reading. However, rather than addressing the presenting problem, the letter simply repeats it and makes it plain that unlike the Digital Economy Act, the online harms Bill will only engage pornographic sites that

“host user generated content or facilitate online user interaction”.

--- Later in debate ---

[The Deputy Chairman of Committees (The Earl of Kinnoull) (Non-Afl)]

I have received no requests to speak after the Minister and, accordingly, I call the noble Baroness, Lady Benjamin.

[Baroness Benjamin (LD) [V]]

My Lords, I am very grateful to all noble Lords who have taken part in this debate for their powerful speeches. I listened very carefully to the Minister, but I have to say that I have a very heavy heart tonight. I am so disappointed by her response. I do not accept for one moment the argument that we should simply wait for the online harms Bill: that is too long. The Government must recognise, for all the reasons outlined by noble Lords in their powerful speeches during the debate, that this approach is not remotely credible.

On the non-implementation of Part 3 and the proposed delay of another three years or so, just think about the harm and damage that will be done to children and their future. This is simply not acceptable when the House has already passed legislation that could easily be implemented now and could, as a minimum, be used in the interim between now and the proposed online harms Bill, for which I cannot wait. When that Bill has been passed and is ready for implementation, so be it. I thank the noble Baroness for what she said will happen in that Bill; I will fully support it and I look forward to it.

There is one thing worse than not taking action to prevent the indoctrination of children and young people into thinking that violence is a normal and natural part of sexual relationships, and that is having the capacity to address the problem, as we do now through Part 3 of the Digital Economy Act, and not bothering to use it. This is deeply concerning and disturbing. It is tragic that, having led on the issue from 2015, the Government should now have performed such a radical turnaround and be dragging their feet. We have to wait three years or more for any action to be taken.

In spite of the Minister’s official response, it is my sincere hope—yes, I am an optimist—that the Government will study the speeches in this debate carefully over the next few days and review their position. I am very happy to meet the Minister, along with other interested Peers, to discuss this matter further. It is important that we do so, and if progress is not made over the next couple of weeks, I will certainly bring this amendment back on Report. With a heavy heart, for the moment, I beg leave to withdraw the amendment.

Amendment 177A withdrawn.