Baroness Williams of Trafford contributions to the Windrush Compensation Scheme (Expenditure) Act 2020

Tue 21st April 2020 Windrush Compensation Scheme (Expenditure) Bill (Lords Chamber)
2nd reading (Hansard): House of Lords
3rd reading (Hansard): House of Lords
Committee negatived (Hansard): House of Lords
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Windrush Compensation Scheme (Expenditure) Bill Debate

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Department: Home Office

Windrush Compensation Scheme (Expenditure) Bill

(2nd reading (Hansard): House of Lords)
(3rd reading (Hansard): House of Lords)
(Committee negatived (Hansard): House of Lords)
Baroness Williams of Trafford Excerpts
Tuesday 21st April 2020

(5 months ago)

Lords Chamber
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Home Office

Moved by

Baroness Williams of Trafford Portrait Baroness Williams of Trafford - Hansard

That the Bill be now read a second time.

Baroness Williams of Trafford Portrait The Minister of State, Home Office (Baroness Williams of Trafford) (Con) - Hansard

My Lords, I am a bit out of practice —I am so used to doing things on Zoom now—but I am very pleased to be able to move that the Bill be now read a Second Time.

The whole country was shocked by the unacceptable mistreatment of some members of the Windrush generation by successive Governments. As the Home Secretary said on publication of the Windrush Lessons Learned Review, despite the diverse and open nature of our country, too many people still feel that they may be treated differently because of who they are or where their parents came from. Many noble Lords have spoken passionately and movingly about the contributions made by the Windrush generation, men and women who came to the United Kingdom to rebuild the country after the Second World War. They built their lives and their home in Britain, and they have done so much for this country—their country. They worked hard, paid their taxes and contributed to our communities, our culture and our society. That is why we were all so shocked to discover that they and their families were subject to such insensitive treatment. Lives were ruined and families were torn apart.

This Government recognise that no amount of money can undo the injustice some members of the Windrush generation have faced or the hardship they have suffered. However, it is only right that all those who have been affected are offered proper compensation. This Bill, brought to this House as a money Bill, is therefore a vital part of delivering the Windrush compensation scheme. The compensation scheme was launched in April 2019. It includes a specific apology to each person, issued with the award of compensation. Most importantly, it allows those who have suffered to avoid court proceedings in pursuit of justice. There are 13 categories under which people can claim compensation, including “Impact on life” and “Discretionary”, and while some categories of award have an upper limit, there is no overall cap on the amount an individual can receive in compensation under the scheme.

Our priority has been to ensure that payments are made as quickly as possible. The first payment was made last July, within four months of the scheme being launched. To the end of December we had made 36 payments totalling £62,198, and many more payments have been made since then. However, some cases are more complex than others and it is right that we take the time to ensure these are dealt with properly. Where we can resolve part of a claim more quickly than other parts, we are making interim payments to ensure claimants receive their awards as quickly as possible, although we recognise the strength of feeling that we need to do all we can to ensure many more receive what they are due quickly.

Evidential requirements have been designed to be straightforward and not too onerous. Claim forms have been designed to be simple and easy to understand and were tested with users, so legal assistance is not required to complete an application. However, the Home Office has a contract with Citizens Advice to provide independent advice and support to claimants in the UK and overseas should they need it, and yesterday we announced the launch of a tender to select an organisation to provide this support to claimants for the duration of the scheme. The tender will be open from 22 April and close on 1 July and interested organisations can find out how to access the relevant documents on GOV.UK. The design of the scheme was informed by a public consultation, and the advice of Martin Forde QC, the independent adviser to the scheme. I thank Martin Forde QC for his ongoing support and invaluable insight.

We have listened, and will continue to listen, to feedback on the scheme to make sure it is delivering for those it is designed to compensate. Details of the scheme are set out in non-statutory rules, which gives us the flexibility to amend them where appropriate. For example, we announced earlier this year that we are extending the duration of the scheme by a further two years and changing the rules so people will no longer be expected to show they took immediate steps to resolve their status. This change means that some people may qualify for higher awards, particularly where it relates to loss of employment.

A review process for those dissatisfied with their compensation offer has also been established, first through an internal Home Office review and, if the claimant is still dissatisfied, through an independent review by the adjudicator’s office. Information supplied as part of a claim for compensation will not be used for enforcement action.

My department continues to work extensively with communities and stakeholders to raise awareness of both the Windrush compensation scheme and the Windrush scheme. The Home Office has attended or hosted over 100 engagement and outreach events and surgeries throughout the UK, but there is more to do to fulfil our commitment to those affected. That is why we announced last month a £500,000 community fund to enable grass-roots organisations to promote these schemes, including provisions for advice surgeries, the design of which will be shaped by community stakeholders, and a national communications campaign to raise awareness and ensure that people know how to apply.

No compensation can ever hope to undo the injustice of being told that you are not welcome in your homeland, but we hope that the Windrush compensation scheme can go some way to righting the wrongs of the past, in particular towards easing the financial burden that some endured as a result. That is why, even in the midst of the current circumstances, we have this Bill before us to fulfil our commitment to the Windrush generation and to discharge our financial duties to Parliament responsibly. Payments are currently made under a ministerial direction issued in July last year, but the Bill will ensure that expenditure under the scheme meets the expectation of financial regularity relating to both the 1932 concordat between the Public Accounts Committee and the Treasury, and the principles of Managing Public Money.

The Bill received support in the Commons, where it passed quickly without amendment. We want swiftly to grant Parliament the necessary financial authority for expenditure under the compensation scheme, and I hope noble Lords will give the Bill the support it needs to avoid any further uncertainty for members of the Windrush generation. I therefore commend the Bill to the House.

Lord Newby Portrait Lord Newby (LD) - Hansard

My Lords, I commend the Minister on her appearance in the virtual Questions earlier. As the only Liberal Democrat speaking in this debate, I am in several respects in a most unusual position. I am speaking from an unaccustomed place and in place of a number of colleagues, in particular my noble friends Lady Benjamin and Lady Hamwee, who are unable to be in their places because they are self-isolating as a result of Covid-19. However, I am grateful to the Government for agreeing to schedule a debate in government time, virtually, on 6 May to discuss the Windrush scandal, which will enable my noble friends and other colleagues across the House to discuss not only the compensation scheme but the broader issues covered so comprehensively in Wendy Williams’s Windrush Lessons Learned Review.

The individual stories of victims of the Windrush scandal are of lives damaged and destroyed because of the actions of the Home Office. They shame every politician who, over decades of public debate, has chosen to use pejorative language and stoke up resentment about decent people legitimately living in the United Kingdom and contributing to our economy and our way of life. It is particularly poignant that we are discussing this scandal when those of a BAME back- ground, and those of a Caribbean background, are making such a major contribution, at a disproportionate cost of their own lives, in fighting the coronavirus crisis.

The Bill before us is extremely brief and its aim obviously worthy, but its very language—that it is providing compensation

“in recognition of difficulties arising out of an inability to demonstrate … immigration status”—

shows how the Home Office got into this mess in the first place. We are in this mess primarily because Home Office officials failed to recognise the rights of the Windrush generation to British citizenship, and applied the law disproportionately and insensitively in a manner that brought about the scandal. We are not in this mess primarily because of failings on the part of the victims of the injustice.

On the compensation scheme itself, I have a number of questions. First, the impact assessment states that the cost will be between £20.5 million and £301.3 million. The fifteenfold degree of uncertainty is almost certainly unprecedented and suggests that the Home Office really has no idea of the true scale of the problem. Can the Minister explain why such a high degree of uncertainty still exists?

The latest figures we have show that, of 1,108 claims, only 36 awards have been made, at an average award of just over £1,700. Therefore, the number of claimants is low, the number of claims accepted is low, and the amount of compensation looks—to me at least—low. Can the Minister give any indication of how long the Home Office is taking to deal with claims on average and, of the applications so far made, what proportion have been accepted, either in whole or in part, and what proportion rejected?

Despite what the Minister said in her opening speech, is she really satisfied that the claim form does not discourage claimants, given that it is 18 pages long and comes with 44 pages of notes? Will she consider simplifying it in the light of experience? What help is the Home Office prepared to give to those—particularly the old and vulnerable—who will find completing the form by themselves a simply insurmountable challenge?

The number of people who have so far come forward is a very small proportion of the possibly eligible claimants. The noble Baroness talked about looking to the citizens advice bureaux and national tendering for support, but does she accept that the most effective support for many claimants will be from small, very locally based community and faith groups and civil society organisations? Does she accept that some people who do not have the relevant documentation, or who have a criminal record, are holding back from making claims because they retain a fear of being deported? For such people, the work of the local intermediaries I have just mentioned will be crucial, if they are ever to make a claim at all.

What efforts has the Home Office made to publicise the scheme to those currently living in the Caribbean? What support will they get in completing their applications?

As this is a money Bill, we cannot have a proper debate in Committee about the details of the scheme. To me, some of the tariffs and caps look low and arbitrary. Why is denial of access to higher education limited to compensation of £500, for example, when the average benefit of a degree to an individual’s lifetime earnings is many times that amount? Why, unlike other large-scale compensation schemes such as PPI, are legal and other fees not eligible? Why is interest on such outgoings not eligible?

If the Government really want to ensure that all those who could possible benefit do so, why have they set a deadline for claims of two years from now? Why not make it longer—for, say, five or six years?

Finally, why are some components of the claim required to meet criminal standards of proof—the very requirement which led to some of the worst injustices in the first place and which is justified neither in law nor by common humanity?

The reason such detailed questions matter is that unless they are satisfactorily resolved, the compensation scheme will fail in its purpose. It will not be accessed by many who are entitled to do so, and it will become another source of grievance, rather than helping to bring an element of closure to those directly involved. But even if the compensation scheme is successful and all those who are eligible to receive compensation do so in a full and timely manner—that is a very big if—it can deal with only one aspect of the past failings of the Home Office.

As Wendy Williams eloquently points out in the introduction to the recommendations section of her review, there are three elements to her recommendations on what needs to change. The first and easiest is to

“acknowledge the wrong which has been done”.

The Government have largely done this; the compensation scheme is part of that acknowledgement. The other two elements are arguably of even greater importance. They are that the Home Office

“must open itself up to greater external scrutiny; and it must change its culture to recognise that migration and wider Home Office policy is about people and … should be rooted in humanity.”

To me, this last phrase is the crux of the problem and the challenge now facing the Home Secretary and her senior officials. It is abundantly clear from reading the review, and from press coverage of the Windrush scandal over the past three years, that Home Office action has not been rooted in humanity. If it had, the distressing individual cases which pepper the review could simply not have happened.

How is this approach to be changed? The review makes some 30 recommendations, all of them very sensible. I would be grateful for any further information the Minister can give on how the Government will respond to and implement them. For me, there are two central things which have to change. First, we must see an end to the demonisation and belittling of those who live in the UK and who come from a different country or culture. The history of immigration policy over the last 50 years has been for Governments to welcome the economic contributions made by immigrants and indigenous BAME communities but all too often to pander to intolerance and the semi-racist language of parts of our national media.

The hostile environment was not just a Home Office policy. It was what immigrants and BAME communities faced in their daily lives. While the worst excesses of the discrimination faced by the Windrush generation have been removed by legislation and changing social mores, the discrimination faced by many Europeans, who have also settled in the UK over several decades, has increased exponentially in recent years, since the Brexit referendum vote.

Against this background, it is hardly surprising that those working in the Home Office have often reflected the culture around them rather than showing the humanity which we ought to have expected, particularly when ministerial rhetoric has inflamed rather than calmed public debate on the issue. Today, the Government lost a High Court case which found that the right-to-rent scheme causes racial discrimination. They could signal a new approach to these issues by scrapping that scheme. I hope that the Minister will be able to say that they plan to do so.

The second thing that has to change—which the Covid-19 crisis and Brexit will, I fear, make more difficult—is that the resources in the Home Office have to match the task in hand. If you ask officials to achieve an ever-increasing throughput of cases with ever-diminishing resources, they simply do not have time to deal with them thoughtfully and with the thoroughness which the applicants have every right to expect. A change of culture and the increased resources needed to make it possible are now urgently required, not just to deal with remaining Windrush cases but because there is a danger of similar injustices flowing from the operation of the EU settled status scheme. Some of the case histories from this, which have already received publicity, have all the hallmarks of another Windrush scandal in the making.

These broader issues will rightly be the subject of the debate on 6 May. In the meantime, I hope that the Government will look carefully at the issues which I and other noble Lords raise on the Bill today, to ensure that the Windrush compensation scheme achieves its stated aims and does not become another source of grievance.

Break in Debate

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab Co-op) - Hansard

My Lords, this has been a short but very good debate, with some very powerful contributions from around the House, and I am delighted to be able to speak in it today. At the outset, I offer my full support to the Government for this short, two-clause Bill, which gives them the necessary parliamentary authority to make payments under the Windrush compensation scheme.

As we have heard, there would normally have been a much longer debate on the Bill. Like other noble Lords, I am really pleased that we will have a virtual debate on 6 May, when I know that many other noble Lords from all sides of the House will make the points that they would have made today. We know that there has been a ministerial direction to allow compensation payments to be made ahead of this Bill becoming law. However, as we have heard again today, there has not been a huge number of payments and we have to be a little concerned about that. As we have also heard, people have suffered terrible injustice, and the sooner that financial compensation and a proper and fulsome apology is made to them, the better. I concur with the noble Baroness, Lady Williams of Trafford, about the contribution that the Windrush generation has made to our country, and we will forever be grateful to them for that.

Any financial compensation and apology can go only so far to alleviate the hurt and injustice that has befallen people who have been treated so badly, as was highlighted by many noble Lords. That is something that we should not forget. What of the people who have since passed away and are not alive to see the action being taken today to at least correct the wrong that was done to them?

When we discussed these matters previously, I made the point that it is important to have a robust communications plan so victims are informed that there is a scheme in place to compensate them and to right the injustices they have suffered. The Government have been very imaginative with their communications plan. I welcome the Minister outlining that a fund has been made available. That is very important, because we will not get away with a few Facebook posts and a couple of tweets; that would not be good enough. Particularly when we look at the age now of some of the people who suffered this injustice, careful thought has to be given to how we are going to contact people and get in touch with them so that they understand, first, that they have suffered an injustice and, secondly, that the Government want to put this right and that there is a scheme in place.

People have suffered real financial and other hardships. They have been split from their families and friends. It may well be that people have lived or are living very difficult lives elsewhere in the world; we should not forget that. It may well be that people are living off-grid, as it were, where they are presently. We must recognise that.

There also needs to be an acceptance from the authorities that claims for compensation have to be as easy as possible and that excessive form filling, an insistence that items must be submitted online and other bureaucratic obstacles will not be accepted. The description of the form by the noble Lord, Lord Newby, is an example of a bureaucratic obstacle; that is just not acceptable. We cannot have a situation in which people have to fill in these forms and submit them online, or cannot get the file through because the file of evidence is so big that the server will not take it. That is just not acceptable. I look forward to the Minister answering the points made by the noble Lord, Lord Newby. We have to get this right. If these obstacles become another source of grievance, we are just making a dreadful, terrible situation even worse. I know that many noble Lords in this House will not accept that.

The noble Lord, Lord Hastings of Scarisbrick, asked the key question of where communities will be. How can they be assured that the officials operating this scheme will now get this right? What assurance can the Minister give that the Home Office will now get this right? People are genuinely worried about that.

The noble Baroness, Lady Watkins of Tavistock, made the powerful point that we need to be flexible in accepting people’s claims. We will also need an extension of the scheme. I understand why maybe they do not want to extend it over a number of years, but I do not believe that everyone will be covered in the relatively short time the Government have outlined. It will have to be extended, and I fully support the noble Baroness’s call for an extension of the scheme. That would just be plain common sense. I hope Ministers will make sure that the attitude of the officials administering the scheme is right. The last thing we want to hear of in this House or anywhere else is further injustices. Perhaps the noble Baroness, Lady Williams of Trafford, can outline how she will assure the House how she, other Ministers and in particular the Home Secretary will review what is happening. How will they apprise themselves of the scheme as it develops, keep it under review and ensure that nothing is mentioned ever again about hostile environments and how people are treated? It would also be good to hear from the Minister what has been going on since the scheme has been up and running. What has the Home Secretary done to ensure that it is being administered properly? It would be good for the House to hear that.

The noble Lord, Lord Taylor of Warwick, highlighted the contribution his parents made—a contribution typical of people who came from the Commonwealth to fight in our wars and to work in our armed services, the NHS and our other public services.

The noble Baroness, Lady Bull, made a similar contribution on the Windrush generation. Her speech and that of the noble Lord, Lord Taylor, reminded me of my friend Sam King, who came from Jamaica, fought in the RAF in the Second World War, then came back and served as a postman. He was a councillor in Southwark—I was privileged to know him—and was its first black mayor. He was a wonderful man who did so much for the Caribbean community and the wider community in Southwark and beyond. He was awarded the MBE for his contributions. He died in June 2016, an example of service and a life well lived. It was a privilege to know him.

We also need to remember that we live in a great country. I am very proud to live in this country and to have been born here, but when you look at our country and its achievements, you see that they were made by immigrants who came here to make a better life for themselves and their families and to contribute to their country. Quite a lot of Members of this and the other House are immigrants, or the children of immigrants. I know that the noble Baroness, Lady Williams, is an immigrant, and I am the child of immigrants. Her parents came here as doctors; my mum came here to work as a nurse in the National Health Service. That is quite typical. I recall the Irish embassy a few years ago doing some work which identified how many Members of the other place had parents who were nurses who came over from Ireland to work in the health service. That highlights to me how lucky we are.

As we battle this terrible Covid-19 pandemic, I am struck by how many people in our police and other blue light services, how many people keeping us safe in our hospitals and care homes, how many people ensuring that our bins are emptied, keeping our children safe from abuse, protecting women from domestic abuse, working in local authorities, keeping the shelves filled in our supermarkets are immigrants. What a disaster would fall on us if they were not here keeping us safe and looking after us. I have seen NHS staff many times holding up signs saying what countries they have come from. That shows what a small world we live in and how lucky we are that they are here.

I am very pleased that the purveyors of awful politics have been silent recently. I hope we hear less and less from these people. They are absent from our screens, and long may that continue. They are not elected and they are appointed to nothing. I certainly hope we never see them again.

I give my full support to the Government on this Bill. Clearly more needs to be done, but it is a step in the right direction. I thank the Government for that and I look forward to the contribution of the noble Baroness in answer to the points we have made.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford - Hansard

My Lords, I thank the noble Lord, Lord Kennedy, and everyone who has spoken in this debate. Several things came to mind as I heard the various speakers.

First, my noble friend Lord Taylor of Warwick commented on “no blacks, no Irish, no dogs”. Were that still in force—the noble Lord, Lord Kennedy, and I were babies then—half the speakers taking part in this debate would not be allowed in your Lordships’ House. It was lovely to hear the noble Baroness, Lady Watkins, on the back of my noble friend’s point, talk about some of her inspirations as a student nurse.

I also support the point made by the noble Lord, Lord Newby, and the noble Baroness, Lady Bull, about our BME friends who have worked in the fight against Covid-19, many of whom have died in the fight. Many people in this country owe them their lives, and we are eternally grateful to them.

This is rightly a money Bill, because it focuses on matters of financial regularity. The Home Secretary has said that there are still people out there who need our help but whom we have not yet reached—many noble Lords have referred to them today. That is why we have confirmed that we will launch an expanded cross-government Windrush working group to develop programmes to improve the lives of those affected. That might be through employment support programmes, dedicated mental health support or specialist education and training schemes. We will continue to listen to stakeholders as we take forward establishing this group.

Most noble Lords talked about the scope of the scheme. My noble friend Lady Verma, who cannot be here today because she is self-isolating, has asked me to talk about certain aspects of it. The Windrush Compensation Scheme is not limited to men and women who originally came to the UK from the Caribbean Commonwealth and have struggled to demonstrate their lawful status. It is open to Commonwealth citizens who arrived in the UK before 1 January 1973 and who are lawfully here because they have a right of abode or settled status or are now British citizens. It is open also to Commonwealth citizens overseas who settled in the UK before 1 January 1973 and to any person of any nationality who arrived in the UK before 31 December 1988 and is lawfully here because they have a right of abode or settled status or are now a British citizen. The scheme is open also to the children and grandchildren of Commonwealth citizens in certain circumstances, to the estates of those who are now deceased but who would have otherwise been eligible to claim compensation, and to close family members of eligible claimants where there is evidence of certain direct financial losses or significant impact on their life. The noble Lord, Lord Hastings, asked about mental health. Mental health would be covered by this aspect of impact on life.

Data published by the department on 27 February demonstrates that claims are being made by individuals of a range of nationalities, spanning the Commonwealth beyond the Caribbean. The scheme covers a broad range of losses: there are 13 categories under which claims can be made, such as impact on life, which I have just mentioned. There is also a “discretionary” category, which will enable people to claim for other losses not necessarily identified within the scheme. We want to be as flexible about this as possible.

The Government are committed to making sure that everyone who is due compensation can receive it. In designing the scheme, 650 responses to a call for evidence and nearly 1,500 responses to a public consultation informed our approach. We held several public events. Martin Forde QC, who is an experienced barrister on all aspects of health law, was appointed by the previous Home Secretary to advise on the design of the compensation scheme. We have made the evidential threshold as low as possible and will work with claimants to support them in providing as much information as possible to support their claim. However, it is important that we spend public money appropriately and therefore a minimum level of information and evidence is required. Where awards are for actual losses, it is right that we seek to obtain an appropriate level of assurance that those losses were incurred so as to fulfil our duty properly to manage public money.

The aim of this approach is to reimburse in full those who can evidence actual losses. For those who cannot meet the evidential requirements for an award based on actual loss, a tariff award may be made. Our approach is comparable with employment tribunals’ approach for calculating loss of earnings, where an award to cover actual losses generally would be paid where the claimant was able sufficiently to evidence what those could have been.

We have always said that we will listen to feedback on how the scheme is operating and continue to make improvements where they are identified to make sure that it is delivering for those whom it is designed to compensate. The changes announced by this Government earlier this year demonstrate our commitment to do this and to build on changes made to the rules last October.

I can understand concerns that the department which caused the issues facing these individuals should be the one deciding whether they are eligible to receive compensation. I hope that I can give some comfort on this. The Home Office is determined to learn lessons and right the wrongs experienced by the Windrush generation, and the compensation team is working hard to ensure that people get the compensation they deserve. As the Home Secretary said in her Statement on Wendy Williams’ Windrush Lessons Learned Review, we will continue to do everything possible to ensure that the Home Office protects, supports and listens to every single part of the community it serves.

On the operation of the compensation scheme, moving it from the Home Office would risk significantly delaying payments to claimants. I am sure that that is not what anyone would want. The first stage in deciding a claim for compensation is to confirm an individual’s identity and eligibility, and that is linked to the immigration status of an individual. It would be difficult to decouple this from the Home Office without increasing the time taken to process an individual’s claim and issue payments.

We have established an independent review process for those dissatisfied with their compensation offer. The independent review is conducted by the HMRC adjudicator, a non-departmental public body that is completely independent from the Home Office and can look at, among other things, whether the department has followed its policies and the use of discretion by the Windrush compensation team.

Lastly, as an independent adviser to the scheme, Martin Forde continues to provide external scrutiny and challenge on its operation and implementation, and we continue to listen and respond to feedback received from stakeholders to ensure that the scheme is operating effectively for claimants.

The noble Lords, Lord Newby and Lord Taylor, and others, spoke about funding, the impact assessment, award tariffs and caps on the scheme. I say again that the Government are making sure that everyone who is due compensation can receive it. The Windrush compensation scheme awards compensation according to both actual losses and tariff-based awards. While some categories of awards have an upper limit, there is no overall cap on the amount that an individual can receive in compensation under the scheme. There is also an uncapped discretionary category, which is for significant impact or loss not necessarily identified within the scheme.

Noble Lords referred to the updated impact assessment. Published in February, it outlines the Home Office estimates that the Windrush compensation scheme will cost between £90 million and £250 million, based on 11,500 eligible claims. That answers the question from the noble Lord, Lord Taylor of Warwick.

Other noble Lords, including the noble Lord, Lord Newby, talked about the sheer breadth and extent of the spectrum of compensation. It has actually reduced since the previous impact assessment was published, due to lower than anticipated claims to date. However, there remains a high degree of uncertainty around the likely volume of compensation claims and the level of claims against the different categories. As a result, the impact assessment uses a number of different volume scenarios with a wide range of possible costs. The department will continue to review estimates as more payments are made, but I want to make it clear that there is no cap on the amount of compensation we will pay out to individuals.

The noble Baroness, Lady Watkins, asked about data on the number of applicants. There will be a quarterly update on GOV.UK. Given that the last update was in December, I am expecting one fairly soon.

The noble Lord, Lord Newby, talked about the number of payments made and the time to process claims, and I think that his challenge is absolutely fair. Up to the end of December, 36 payments had been made, totalling £62,198. We aim to award compensation as quickly as possible, but it does take time to process each claim, and it will depend on the complexity of individual cases. It is right that we take the time to ensure that they are dealt with properly. Where we can resolve part of a claim more quickly than other parts, we are making interim payments to ensure that claimants receive their awards as quickly as possible. Many of the payments made so far are interim payments, which means that claimants may receive further awards later.

The noble Lord, Lord Newby, and the noble Baroness, Lady Watkins, asked what proportion of claimants are successful. The latest data, released in February, to the end of December 2019, show that nobody had been rejected on eligibility grounds. There were some zero awards to eligible people who had not suffered financial loss or detriment.

The noble Baroness, Lady Bennett of Manor Castle, made a very good point about people with no recourse to public funds. Many of the measures that Her Majesty’s Government have put in place will support such people—for example, the coronavirus job retention scheme, the self-employment scheme and statutory sick pay are not public funds and are available to all. The Government have given more than £3.2 billion to local authorities to help them support those in need. Of course, for people with no recourse to public funds, that is quite often where the money comes from. Rental and mortgage protections are also available and people on human rights routes can apply to have their “no recourse to public funds” status lifted if their financial circumstances change.

On the length of time, just as a comparator, the Criminal Injuries Compensation Authority website suggests that claims under that scheme take 12 to 18 months to conclude, but that is not a reason to justify this. I recognise the strength of feeling, and we are working very hard to ensure that many more receive what they are due quickly. To the end of December, as I have said, no claims had been rejected. The noble Lords, Lord Newby, Lord Kennedy and Lord Hastings, made very good points about communications efforts. Of course, those efforts are not just by way of a quick tweet, as the noble Lord said; they are across the world and we are working extensively with communities and stakeholders to raise awareness of both the Windrush compensation scheme and the Windrush scheme.

The Home Office has attended or hosted more than 100 engagement and outreach events and surgeries throughout the UK, but there is definitely more to do to fulfil our commitment to those affected. It is essential that we engage with people directly. That is why last month we announced the £500,000 community fund that the noble Lord, Lord Hastings, mentioned, to enable grass-roots organisations to promote these schemes, including provision for advice services. We are committed to working with members of the community to shape the design and principles of the fund. That is why we intend to work with stakeholders to co-design the fund.

One thing that the compensation scheme covers under quite a broad category—I have already alluded to it—is the impact on life. This category is specifically designed to cover non-financial impacts that individuals might have faced as a result of being unable to demonstrate their lawful status; for example, an inability to attend significant family occasions, celebrations or events, or family separation. We have heard awful examples in this House of how that has happened. This category is awarded at a series of levels, with payments ranging from £250 for detriment where the effect on the claimant was fairly short lived, up to £10,000-plus where the effect was profound and likely to be irreversible. The scheme is also open to close family members of eligible claimants who may claim compensation in their own right where they have suffered a loss or impact.

The Government also consider it reasonable to expect that individuals who encountered difficulty evidencing their lawful right to be in the UK would have taken steps to try to resolve this. However, we have listened to feedback from stakeholders and affected individuals, and earlier this year we amended our mitigation policy so that a wider range of circumstances and actions taken by individuals to resolve their immigration status or mitigate losses or impacts are considered when deciding awards. Individuals are no longer expected to show that they took immediate steps to resolve their status, and this was clarified in new guidance published on 5 March. These changes mean that affected individuals may qualify for higher awards, particularly where loss of employment is involved.

The noble Lord, Lord Taylor of Warwick, and others talked about claimant assistance and legal advice. We have designed the compensation scheme to be as clear and simple as possible so that people do not need legal assistance to make a claim. The claim forms have been designed to be simple and easy to use and were tested with users.

Evidential requirements have also been designed to be straightforward and not too onerous. However, for those who want or need support to make a claim, the Home Office has funded Citizens Advice to provide free independent advice and support. This is available to individuals at home and overseas. As I said, yesterday we launched the tender to select an organisation to provide free independent advice and support to claimants for the scheme’s duration.

The noble Lord, Lord Newby, mentioned the length of the form. Claimants need to fill in only the bits of the form that are applicable to them. While it might seem like a long form, they have to fill in only the pieces that refer to them.

Many noble Lords—the noble Lords, Lord Newby and Lord Kennedy, and the noble Baroness, Lady Watkins, in particular—mentioned the duration of the scheme. We want to make sure that everyone who wishes to make a claim can do so. That is why we announced earlier this year that we are extending the duration of the scheme until 2023 and why we are doing all we can to raise awareness of it. However, as the Immigration Minister said at Second Reading in the other place:

“There is a balance to be struck between having a date far enough in the future to enable people to feel confident that they have time to make their claim, but soon enough to encourage people to put in their claim.”—[Official Report, Commons, 10/2/20; col. 668.]

We felt that the two-year extension provides this, but the option remains to further extend the duration if it is required. The rules allow for an extension.

Noble Lords also talked about destitution, immediate need and significant hardship. Where people are in immediate need, we have measures in place to provide that extra support. The task force has a dedicated vulnerable persons team to provide help and advice where safeguarding and vulnerability issues are identified. To the end of February 2020, the vulnerable persons team has provided support to nearly 1,400 individuals. We have a fast-track service with the Department for Work and Pensions to confirm status and residence and to arrange access to benefits. We can also help with securing accommodation for those identified as homeless with local authorities. To provide support to members of the Windrush generation who have an urgent and exceptional need, we may also be able to consider a payment under the support in urgent and exceptional circumstances policy. To the end of February 2020, 33 payments have been made under that policy. Finally, the Home Office also has an agreement with Citizens Advice to provide bespoke professional advice, including debt advice, to anyone experiencing immediate financial problems.

All noble Lords talked about the Windrush Lessons Learned Review. On 18 March, the Home Secretary received the review from Wendy Williams, and updated Parliament and published the review at the earliest opportunity on 19 March. It makes compelling reading. It makes it clear that some members of this generation suffered terrible injustices spurred by institutional failings spanning successive Governments over several decades, including

“ignorance and thoughtlessness towards the issue of race and the history of the Windrush generation”.

We are truly sorry on behalf of this and previous Governments that people’s trust has been betrayed.

The Home Secretary will bring forward a detailed formal response in the next six months, as Wendy Williams recommended. As noble Lords will recall, she specifically asked the Home Secretary to take time to reflect on this before she responded.

Noble Lords talked extensively about the compliant environment. The previous Home Secretary, my right honourable friend Sajid Javid, said that the words “hostile environment” would no longer be part of the way that the Home Office operated. The Government are absolutely committed to a fair and humane immigration policy which welcomes and celebrates those here legally, deters immigration offending and protects the taxpayer.

The noble Lord, Lord Newby, talked about the right to rent. This was introduced under the coalition Government and was about tackling unscrupulous employers and landlords to protect the vulnerable while also protecting good employers and landlords. It is in the interests of a fair society that those who play by the rules are supported while those who would otherwise be exploited are protected. The noble Lord talked about losing the right-to-rent judgment. We did not actually lose the judgment: the appeal has been allowed and we will await its outcome.

Gosh, I have gone on for 24 minutes, but I am sure that the House will indulge me. The noble Baroness, Lady Bull, asked about the stakeholder advisory group and how many times it has met. The cross-government group announced by the Home Secretary has not yet met because of Covid-19, but the Home Office stakeholder advisory group has met three times and has focused on communications campaigns—engagement and outreach, grass-roots campaigns and the new national campaign—and working on digital outreach options in the light of coronavirus. She also made a comparison with the furlough scheme. It is not really comparable because that scheme is just about employment and this is so much broader than that. The Windrush Compensation Scheme is dealing with people’s lives in the round and a lot of this goes back many years.

I hope I have answered all noble Lords’ questions. I am sorry to have gone on for 25 minutes. I thank all noble Lords and commend the Bill to the House.

Bill read a second time. Committee negatived. Standing Order 46 having been dispensed with, the Bill was read a third time, and passed.