Oral Answers to Questions

Caroline Nokes Excerpts

Monday 10th June 2019 Commons Chamber

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

10. What steps he is taking to compensate victims of the Windrush scandal.

[The Minister for Immigration (Caroline Nokes)]

On 3 April, my right hon. Friend the Home Secretary announced the opening of the Windrush compensation scheme. The forms, rules and guidance were published on the same day. The freephone helpline is available to answer any queries. The scheme will ensure that those who have been affected are able to claim for the losses they faced and receive appropriate compensation.

[Jessica Morden]

How will the Government compensate Windrush victims such as my constituent who could not work for eight years because of his lack of status, losing his NI contributions and his pension? Are Ministers making sure that in such complicated cases people get the advice they need to fill out the forms, so they are not victimised yet again?

[Caroline Nokes]

We worked very hard with the independent adviser, and indeed with victims of Windrush, to ensure the claim form was as accessible and as easily understood as possible. It is a complicated claim form, because there are 13 different heads of claims under which people are able to claim compensation, but we have set up a contract with Citizens Advice so they can get independent advice without having to resort to using lawyers.

[Helen Hayes]

Community organisations working with Windrush citizens, including the Black Cultural Archives in my constituency, report that the compensation scheme simply is not working. The form is too complex, advice is neither accessible nor specialist enough, and the burden of proof is far too high. Will the Minister review the scheme, acknowledge that it is not working, and, as an absolute minimum, provide immediate funding for specialist legal advice to be available not only by phone but in person to every Windrush citizen who needs it?

[Caroline Nokes]

As I outlined, there is already a contract in place with Citizens Advice to provide that independent advice. There is an ongoing series of engagement events, with taskforce officials from the Home Office attending different community groups across the country, including in London. There have been two events in Newport. It is important that we get this right, which is why we worked with Martin Forde to have a scheme that gave us independent advice. It is important that we work through it. I know that at 18 pages the claim form is quite long, but of course individual claimants have to fill in only the components that are relevant to them, not every page.

[Mr Dhesi]

This gross injustice with respect to the Windrush scandal is not an accident or a one-off; it is a direct result of the Government’s hostile environment policy. Have the Government considered how their hostile environment might affect migrants from India, Pakistan or Bangladesh now and in the future?

[Caroline Nokes]

It is important to reflect that roughly half the individuals affected by Windrush had a negative impact pre-2010 under the previous Labour Government. We are determined to put right all those wrongs and ensure that wherever people have come from—people from a wide variety of countries, not simply the Caribbean, have made contact with the Windrush taskforce—they are given the support to go through the process of getting the documentation they need. Well over 4,000 people have secured British citizenship as a result, and over 6,000 people have the documentation they need to prove their right to stay in the UK.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

The Minister has to begin to acknowledge communities’ grave concerns about the Windrush compensation scheme as it stands. They think that it is not working. She also needs to bear in mind that this is an ageing cohort, who will probably need more support on average than a cohort that is more mixed in age. The Home Secretary told the House in April last year that we

“will do whatever it takes to put it right”.

He continued:

“We have made it clear that a Commonwealth citizen who has remained in the UK since 1973 will be eligible to get the legal status that they deserve: British citizenship.”—[Official Report, 30 April 2018; Vol. 640, c. 35.]

What progress has been made on those promises?

Will the Minister reconsider some of the worst aspects of the current scheme? It will currently not compensate those who may have been wrongly deported. I quote from the document:

“It is difficult to determine whether inability to return to the UK is a loss”.

Of course someone being deprived of their home, job, family and community is a loss. How can Ministers say that it is “difficult to determine” whether there is a loss?

[Caroline Nokes]

I thank the right hon. Lady for her question. It is absolutely because we acknowledge that people have been wronged that, in the last week, I personally have attended two separate outreach events for people who wish to understand the compensation scheme. It is why there are dedicated helplines. It is why we have put in place the scheme with Citizens Advice, so that it can provide advice. I reiterate that 6,470 individuals have been granted some form of documentation and 4,281 have been granted citizenship. As I said, there are 13 different heads of claim, including not only deportation, but loss of ability to work, loss of benefits and so on. We are absolutely determined to make sure that we compensate the individuals affected in a timely manner.

[Mr David Davis (Haltemprice and Howden) (Con)]

3. What assessment has been made of the accuracy of the facial recognition technology used by the Metropolitan Police Service.

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[Sir Vince Cable (Twickenham) (LD)]

4. Whether he plans to extend the scope of his policy on refugee family reunion.

[The Minister for Immigration (Caroline Nokes)]

The Government provide a safe and legal route for bringing families together through our existing family reunion policy. These provisions are consistent with our obligation to respect family life under article 8 of the European convention on human rights. We are listening to calls to extend this policy and will continue discussions with stakeholders.

[Sir Vince Cable]

Ministers will recall that last July the other House passed the Refugees (Family Reunion) Bill overwhelmingly but that it was not introduced here because of lack of parliamentary time. Since parliamentary time no longer appears so scarce, will the Minister introduce it here to help reunite families, many of whom are divided by some very rigid and inflexible rules?

[Caroline Nokes]

As I said, we are listening to calls to extend family reunion and are watching the two private Members’ Bills very closely. The right hon. Gentleman’s question is of course one for business managers, who I am sure will heed his calls.

[Andrew Bridgen (North West Leicestershire) (Con)]

Is my right hon. Friend as concerned as I am that in designing a refugee family reunion policy we do not create incentives that encourage even more people to leave their homes and undertake an extremely dangerous journey in the hope they will bring the rest of their relatives to our country at a later date?

[Caroline Nokes]

My hon. Friend rightly raises the Government’s concern that allowing children to sponsor close family members might create incentives for more children to be encouraged or even forced to leave their families and risk a hazardous journey to the UK in order to sponsor relatives at a later date. I am sure he agrees that we absolutely want to avoid that because it could play into the hands of criminal gangs already exploiting vulnerable people.

[Bill Grant (Ayr, Carrick and Cumnock) (Con)]

6. What plans he has for the UK's future immigration system.

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[The Minister for Immigration (Caroline Nokes)]

As part of the future borders and immigration system, we have launched a year-long engagement programme to seek the views of stakeholders, including the fishing industry, and I am listening very carefully to what they have to say. I have met representatives of the industry on several occasions, as has my right hon. Friend the Home Secretary, and we are reflecting on the views expressed.

[Douglas Ross]

The Minister has previously said that:

“there was no case for schemes for particular sectors in the immigration system, other than agriculture, which has some unique characteristics.”—[Official Report, 8 April 2019; Vol. 658, c. 153.]

I am sure the Minister and everyone accepts that the fishing industry has unique characteristics as well. Although we want local labour to do these jobs in future, they are not ready and able to do them now. Will she look again at this with an open mind, because our fishermen are crying out for a solution?

[Caroline Nokes]

I reassure my hon. Friend that I was quoting the Migration Advisory Committee when I said that agriculture is a unique sector with characteristics that justify the sectoral scheme, and the Government have certainly listened to that advice. He will know that we are undertaking a year of engagement as part of the proposals set out in the immigration White Paper, and no final decision will be taken on the future system until that is complete.

[Mr Speaker]

In calling the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), I am calling no less a figure than the Chair of the International Trade Committee.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

That is much appreciated, Mr Speaker. This cuts across the Department for International Trade, of course, and I have a constituency interest.

The Minister talks about a year-long engagement. She told me the very same last May. She said that the Home Office would reflect and ask industry for its views. We hear the same rhetoric today. It is quite simple: she should go to her boss, the Home Secretary—a man who needs to show leadership at the moment—and ask him to lift his pen and get fishing boats working on the west coast of Scotland. It will happen that easily. Get it shifted, make it happen, and make it happen this year. We do not want another year-long engagement.

[Caroline Nokes]

I thank the hon. Gentleman for his question. I do not think I have quite recovered from him appearing in my office asking me to write visas on the back of an envelope for those whom he deemed to be appropriate. It is important that the Home Secretary and I listen to all sectors, take the time to reflect on the advice received from the Migration Advisory Committee and the proposals set out in the White Paper, and make sure that we make the right decision, not simply the decision that the hon. Gentleman is demanding.

[Catherine West (Hornsey and Wood Green) (Lab)]

17. What steps he is taking to improve the asylum application process.

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[The Minister for Immigration (Caroline Nokes)]

I thank my hon. Friend for that question. That is absolutely the principle underpinning the proposals put forward in the White Paper, which was published in December last year. We want to have a single immigration system that treats everybody from every country according to the skills and talents that they can bring to the United Kingdom, not one based on where they come from.

[Jeff Smith (Manchester, Withington) (Lab)]

T6. The Carol Black review of drugs is specifically not considering legislative reform, but that may be exactly what we need to address the violence and harm associated with the drug market, so will the Secretary of State look again at the terms of reference of the review and at least consider that as in the scope of part two of the review?

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[Alison Thewliss (Glasgow Central) (SNP)]

Thank you, Mr Speaker.

My constituent, Eryaar Popalzai, came to the UK from Afghanistan at the age of 14 some five years ago, as an unaccompanied minor asylum seeker. Since his further submissions in 2017, he has yet to hear anything from the Home Office. He is an incredibly vulnerable young man and has been getting therapy from Freedom from Torture for three years. What do I tell him when he comes to my surgery this Friday?

[Caroline Nokes]

I am happy to take up this specific case with the hon. Lady after questions, if she would like. One of the changes that the Home Office has made over the course of the past few weeks is to ensure that we are prioritising older cases and cases of more vulnerable asylum seekers, so that we can get through the backlog of cases and ensure that people such as her constituent get a response.