Windrush Compensation Scheme (Expenditure) Bill

Carol Monaghan Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Money resolution & Programme motion
Monday 10th February 2020 Commons Chamber

[Ms Abbott]

I am grateful to my hon. Friend for her intervention. The amount and the quantity of the payments are pitifully small, and do not show that the Government have administered the scheme well. We on the Labour Benches believe that the entire scheme for compensation should be like the funding for criminal injuries. First and foremost, compensation should be placed on a statutory footing, as that would allow the compensation to be comparable to awards in civil cases—that is reasoned and reasonable compensation.

[Carol Monaghan (Glasgow North West) (SNP)]

The right hon. Lady will know of many cases like that of my constituent who, owing to his inability to work because he could not produce a passport, ended up over £50,000 out of pocket. Also, as a result of that, he could not claim employment and support allowance, because he had not made contributions in the previous couple of years. The amounts paid out in compensation come nowhere close to the financial losses individuals have suffered.

[Ms Abbott]

The amounts being paid out are indeed pitiful. They do not compensate for material loss, or for the misery, the fear and the uncertainty under which too many people have laboured for too long.

There is no justification for the smallness of the amounts payable under the Government’s scheme. With criminal injuries, the state has no liability; these are serious injuries done to ordinary citizens by criminals, and we as a Parliament have rightly decided that assistance should be given to the injured. There is clearly Government liability in the case of the Windrush scandal; it was caused by Government policy, but in this case the compensation is lower. What is the rationale for that? Among other things, there should be due compensation for all the legal advice that sufferers from the Windrush scandal may have required. Also, it is wholly unacceptable that people wrongly deported or refused re-entry will apparently not be compensated for that.

We also learn that only slightly more than 1,000 people have applied for compensation. Obviously, that is the reason why Ministers decided to extend the scheme, but what assessment has the Home Office made of the reasons for such low numbers of applications?

--- Later in debate ---

[Mr Baker]

I am grateful to the hon. Lady for raising that, because it gives me an opportunity to mention an important book that I hope Ministers and officials will look at. It is a study by King and Crewe that is rather unfortunately, but necessarily, entitled “The Blunders of our Governments”. The book sets out how, in various instances of what the authors call cultural dissonance—in other words, a failure to appreciate who one is dealing with and how those people approach the measures that the state puts in place—successive Governments, of alternating parties, have blundered. The hon. Lady raises something that the Front Benchers should look at extremely closely. We do not want any more blunders affecting real people.

I pay tribute to the community in Wycombe. My staff were instructed, and we agreed together, to bend over backwards to make sure we found everybody who might have been affected. I am extremely grateful that the community worked with us to find every possible opportunity to reach anyone affected. I cannot say anything about individual cases, because the number of affected people was so very low and I would not want to identify anyone. I will just say that I am thoroughly ashamed that someone was so badly affected in the way that he was.

As someone who for 10 years has represented the diverse community of Wycombe—a place where, as a school governor told me this morning, 48 languages are spoken in one primary school—I have seen how we desperately need greater humanity in our migration system. I suggest three principles, although there will be more: consent, justice and equality. It is not enough to say that we believe in the moral, legal and political equality of every person. The systems we establish and the manner in which we treat people must bear witness to the fact that, in the core of our being, we recognise the worth and the value of every person.

On justice, we have long believed that justice delayed is justice denied, and that is true in immigration, too. Time and again, I have seen people be denied leave to remain but not deported—not forced to leave when they should. However much one might wish to be idealistic, there is no justice in letting somebody stay for 10 years, because they will inevitably fall in love, set up a life, get married, have children and then, 10 years later, find that they have no status at a moment when they need public services. Thank you for letting me dilate on this, Mr Deputy Speaker. It does not relate to Windrush—I am talking about different circumstances—but the point about humanity is the same. We need to take just decisions, and to do so swiftly. That goes to the point that has been made about making payments quickly to people who have suffered injustice.

[Carol Monaghan]

The hon. Gentleman is making a powerful speech and showing great humility. With respect, however, the Government have said sorry to these people many times. Some people, like my constituent, have had their mental health so affected by the trauma of all this that they will be unable to hold down a job again. Compensation is one thing, but does he agree that it must take into account not only the physical money that has been lost, but other issues and future earnings?

[Mr Baker]

Yes. The hon. Lady makes a very good point. I noticed the length of the compensation scheme documentation, which I was going through this morning. Since she has raised the matter, I want to draw the Government’s attention to the provisions on interim payments. I wonder whether more could be done to make such payments early to try to address some of the points that she has made.

--- Later in debate ---

[Rob Roberts (Delyn) (Con)]

It is an honour to follow the right hon. Member for Tottenham (Mr Lammy), whose passion on this subject is well known both in this place and—I say as someone who is new to this place and has been a member of the public until recently—outside this place.

The words “scandal” and “crisis” are bandied around far too cheaply these days; their overuse cheapens actual scandals and crises like this one. Windrush was a scandal, and one that should never have happened. The contribution made by Windrush immigrants and their descendants to this country is beyond measure, and what they have brought to this country has shaped the cultural and industrial make-up in a way for which we should always be thankful.

The Government have not forgotten this and are working hard to rectify the wrongs faced by Windrush victims. However, it is important that we recognise these mistakes could not be fixed overnight; they do, unfortunately, as with many of the workings of government, take time. The launch of the Windrush compensation scheme goes to show the work this Government are willing to do to ensure that those who faced the uncertainty that Windrush presented are showed that they are valued.

As many hon. and right hon. Members—many of whom have been in this House much longer than I have—will be aware from previous casework, as soon as the issues surrounding these immigration statuses arose, the Government began to try to right the wrongs that victims had faced. UK Visas and Immigration set up a dedicated team to help those people who previously had no evidence of their right to be here to receive the documentation that they needed. There is now a dedicated contact point tasked with resolving cases within two weeks of evidence being provided, and all documentation awarded comes at no cost to the victim, with their legal and citizenship costs also being covered.

The Government also quickly implemented a five-month consultation period, which eventually attracted over 1,400 responses. This was complemented by a number of focus group sessions in order to truly uncover where the need for compensation rests.

In the Government’s response to the consultation released in April last year, on the same day that the compensation scheme opened, they not only fully acknowledged the harm done, but went beyond the Windrush generation to accommodate anyone who mayhave been impacted by historical immigration laws, and the cohort of people eligible will be much wider than the Windrush generation itself. The requirements of the scheme, while being set by the Government, come from direct advice from those who took part in that consultation. This shows that the Government are not merely throwing money at the issue, but have taken the advice of those who were impacted, their friends and their families, and that victims are getting a suitable remedy to their individual cases to compensate for the losses they may have experienced due to their past immigration status.

[Carol Monaghan]

The hon. Gentleman might not be totally aware of all the issues surrounding the Windrush carry-on, as we might call it, because this had been raised repeatedly with many Ministers on multiple occasions before, finally, they were shamed into taking action. That went on for years. I myself had been raising the issue for three years before 2018, when the Government finally decided to take action. I understand that the hon. Gentleman is new to this place and might not know the history of this, but it is not correct to say the Government acted quickly when they became aware of the issue.

[Rob Roberts]

I thank the hon. Lady for that intervention. She makes a very valid point. Many issues that have come up were due to measures under successive Governments over many years since the 1980s. I am aware of the points she raises and I completely understand what she says. Perhaps if I continue my speech, the answers to her questions may become a little bit more apparent.

I understand that the Home Office estimates that the compensation scheme will cost between £120 million and £310 million to cover the thousands of claims that are expected to arise. That not only includes primary claimants, but close family members of those affected and, as was mentioned earlier, the estates of deceased members. To say that the Government do not care and are not doing enough to assist victims is just disingenuous and an affront to the efforts they are making to apologise for errors made and to safeguard all those affected. Those who apply under the scheme are also eligible for payments to cover up to eight different areas where their life may have been impacted, with some collective payments having the potential to be in the tens of thousands of pounds, depending on the severity of the case.

Many hon. Members have rightly mentioned the speed with which cases have been processed. Over 1,100 people have submitted claims so far and, yes, only a small number have received some form of recompense for the mistakes that have been made. However, the immediate work that the Government have put into repairing the damage done shows that while many are still waiting for compensation, this is because, as my right hon. Friend the Home Secretary mentioned earlier, all cases are being treated with the individual attention they rightly require. Some payments are much harder to assess than others, in particular the impact on life reward, which will take a number of different factors into account. No two Windrush cases will be the same and each one will need to be examined and assessed for its own unique level of compensation.