Minors Entering the UK: 1948 to 1971

Catherine West Excerpts

Monday 30th April 2018 Westminster Hall

[Steve Double]

I think I did say that there had been warning signs and cases for some time now that should have highlighted the problem. I do not know whether it is years or months; I have certainly been aware of it for months, but if the right hon. Gentleman says it is years, I am not going to argue with him. Whatever the period of time is, I think we all agree that action should have been taken sooner to address the issue, before it reached the state that it did in recent weeks. On that, we can absolutely agree.

To go back to the question of EU citizens, I commend the Home Office for preparing for a new form of identification that will be simple and straightforward, so that the 3.7 million EU citizens will have clear and secure documentation of their legal status. That is vital to avoiding similar mistakes. I hope the Home Office will be able to publish further details about the identification scheme in the near future.

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

Is the hon. Gentleman aware that there is a chance that people will not be able to use iPhones to register their EU registration? That seems to be of concern to EU citizens. Could he confirm that one way or the other?

[Steve Double]

The hon. Lady raises a point I am not aware of, and it is not really for me to answer it. She might like to address it to the Minister, who might respond to it later. I was not aware of that point, but I am sure it is a valid and important one.

We need an immigration system that is effective and fair. Many of my parliamentary colleagues and I are of the belief that we need a robust and competent immigration system that is also fair and humane to people seeking to legally enter and settle in this country. We have to send clear messages to discourage illegal immigration, and this and previous Governments have taken steps to be tough in tackling it. I believe the British public want the Government to be tough on illegal immigration. However, we also need to be clear that this issue is not about illegal immigration, and to make it about the way the Government handle illegal migrants is missing the heart of the point. The Windrush generation are not here illegally and never have been. In this case, well-meaning policies have been applied to the wrong people, with devastating consequences for the lives of our citizens. There are clearly lessons to be learned from that, but if our reaction is to weaken our stance on illegal immigration, we will be doing the British people a disservice.

A change of culture is needed at the heart of the Home Office, because the focus has been on policy and process and not on people. We must never lose sight of the fact that at the heart of these polices are people—individuals and families who deserve to be treated fairly and with dignity and respect. It is right that immigration needs to be managed—it cannot be uncontrolled—but managing immigration can be just and compassionate. That can be challenging, but it is essential. We must have a just and fair immigration system that works for the British people, that is open to people with the skills and talents to fill much-needed roles in our economy, and that is compassionate to the most vulnerable, the persecuted and the displaced.

We owe the Windrush generation a huge debt of gratitude for a number of things: for coming to help our nation at a time of need, for the contribution they have made to our nation for the past 70 years, for the lessons they have taught us and for the important part they have played in shaping modern Britain as a tolerant, multicultural nation. I suspect that we will soon owe them another thank you. Through this terrible experience, which I know has been painful and caused distress to many, they are again teaching us an important lesson: they are forcing us to look at the type of country we want to be in the future, they are making us look at the consequences, no matter how unintentional, of the way we handle immigration, and they are reminding us of the values that made us into the great nation of the modern post-war world. Those are important lessons, and this is an important time for us to be reminded of them.

In closing, I reiterate the crucial message that we want to send to all Commonwealth citizens who have legally chosen to make Britain their home: you are a vital part of this country, and we are immensely grateful for the contributions you have made to our culture, our economy and our society over many years. You have helped to make us the country we are. You and your children are welcome to stay here. We want you to stay, and we want to do everything we can to make you feel welcome.

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

It is a pleasure to serve under your chairmanship, Mr Robertson. I, too, thank the campaigner Patrick Vernon for pulling together and launching the petition, and my right hon. Friends the Members for Tottenham (Mr Lammy) and for Hackney North and Stoke Newington (Ms Abbott) for their work in Parliament challenging the Government’s handling of the Windrush scandal. They speak with great power and authenticity. I also want to put on record how proud I am that my constituency secured the third-highest number of signatories to the petition.

I will briefly quote the writer Caryl Phillips, who was born in Leeds and writes very movingly on a number of topics, including the Windrush generation. In his text “Higher Ground” he said:

“I am grateful, and would thank the Gods…that I have finally mastered this art of forgetting—of murdering the memory.”

He is probably talking about slavery and a number of other things there, but it is very relevant to today’s debate. I challenge us, as a Parliament, not to murder the memory of the Commonwealth and, in particular, of the Windrush generation.

I have permission to mention a couple of constituency cases. One of my constituents came to the United Kingdom with her parents in 1964 when she was a year old. Her representatives were eventually able to use medical records to persuade the Home Office that she had been here continuously since before 1 January 1973 and was settled at that time, and therefore has indefinite leave to remain. The Passport Office, however, has not accepted that in relation to her grandchild, and is refusing to issue the grandchild a passport. That is because, according to the Passport Office, the grandchild’s mother, who has lived in the United Kingdom continually since her birth in the 1980s, is not a British citizen.

The Passport Office refuses to accept that the grandmother had indefinite leave to remain when her daughter was born. Therefore, she is not a British citizen and neither is her daughter. The Passport Office is now also contemplating withdrawing my constituent’s British passport. I would be grateful if the Minister responded—perhaps not today, but in writing if I raise the case with her—specifically about the grandchildren.

As a Commonwealth citizen, I recall that in the old days my grandmother always referred to the UK as “the mother country”, and we used to travel on our parents’ passports. It is therefore easy to see how such confusions arose. I think we are all saying in today’s debate that we need to give people the benefit of the doubt, and the wonderful story from my hon. Friend the Member for Wolverhampton North East (Emma Reynolds) is so moving, in all its complexity.

Even though the debate is not strictly about other Commonwealth citizens, will the Minister touch on those from Cyprus and other areas? Due to the publicity, many other people are starting to ask questions. For example, I met a woman well into her 70s who came to the UK from Cyprus, who is now having to do a citizenship quiz. She has worked as a seamstress in north London for years and years. Given that her daughter represents us on the London borough of Haringey, it seems almost an insult to ask her to do a citizenship quiz at her advanced age.

I hope that this can bring more transparency not just to the way that some people are dealt with, but to others who are affected. On Friday, I had another woman come to see me in tears. Her job in another local authority has been outsourced to a large company that has asked her to do a biometric test at the Home Office. She did it, and she does not qualify for thresholds she cannot cross. Yet she showed me the stamp in her passport—she has been in the UK since 1970, with indefinite leave to remain.

Given all the expense that the citizenship process entails, why would that woman think to claim citizenship? I think what upset her was not so much the paperwork—slowly we can resolve those issues with the excellent caseworkers that so many MPs have, myself included—but the fact that for all these years she had felt part of the furniture and part of us, yet now she feels she is other, outside or different, and has a strong sense of not belonging.

We had a hug, and I hope that we can sort this out, but I am not sure that MPs can just provide tea and sympathy. It comes down to a policy response that needs to be more transparent, with equality at its heart. There are not enough MPs, hugs and cups of tea to go around. We need equality and genuine transparency in our system.

I welcome the fact that the outgoing Home Secretary has paid for this with her political career, and the trail probably leads higher than her. Once again, we will not give up. We must continue to ask questions, and we have the wonderful example of my right hon. Friend the Member for Tottenham and others, who have continued to hammer away at this question and to keep alive the flame of equality and not murdering our history. As the hon. Member for Aldershot (Leo Docherty) noted, the new Home Secretary has said

“that could be my mum...my dad...my uncle...it could be me.”

I hope—I always try to end my speeches with a sense of hope—that with the new Home Secretary, given his personal experience, we can continue to work together to solve this and to have a genuinely equal society, where we are all the same under this sky.

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[Catherine West]

Does the Minister have a view about the legal aid question? In the old days, we all had legal aid centres that people could go to, but they simply do not exist in communities in the way that they did, due to Government reductions. [Interruption.] Will she comment on the possibility of legal aid?

[Caroline Nokes]

I am slightly concerned that there is an outbreak of coughing in the debate.

[Catherine West]

It’s freezing!

[Caroline Nokes]

The hon. Lady is right—it is absolutely freezing. I have been shaking throughout the debate, although that may not be due just to the temperature.

That is an interesting question, and we are already working with the Ministry of Justice on a review of legal aid. I do not want people to have to use lawyers; I want them to be able to go through an easy process. I get the message from the hon. Member for West Ham (Lyn Brown) that we have to build trust, and I am determined to do so.

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[Mr Lammy]

rose—

[Catherine West]

rose—

[Caroline Nokes]

Everybody is leaping to their feet. I will take a final intervention from the right hon. Gentleman, but I have to crack on a bit.

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[Lyn Brown]

rose—

[Catherine West]

rose—

[Caroline Nokes]

May I conclude my point before more people jump in? The right hon. Gentleman is right to point that issue out. As the former Home Secretary said last week, we will facilitate those people’s coming home if they wish to. Of course, we must also ensure that visas are available to those who have settled back in their country of origin or elsewhere, should they wish to come here on a visit or relocate here permanently. That is crucial. It is important that we ensure that we enable that to happen for them.

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[Caroline Nokes]

I hope hon. Members will not object if I move on somewhat. I apologise, but there are some important matters that I must get on the record, and I intend to do so.

I am very clear that there has been a failure by successive Governments to ensure that individuals who arrived before 1973 have the documentation they need. We are putting that right as a matter of urgency. My right hon. Friend the former Home Secretary made a statement to the House last week in which she set out our approach to the Windrush generation, including the compensation scheme, which I have already referred to.

I am a pragmatic politician, and I do not apologise for that. I have always been focused on finding solutions, and that is exactly what we are trying to do now. When we saw Windrush cases emerging, we became focused on the operational side of helping those individuals. As the former Home Secretary said, we were too slow to identify the pattern and recognise it as part of a wider issue. For that, I am very sorry.

I want to make sure that we not only put this right but improve our mechanisms, to ensure that if a similar systemic issue were to arise again, the Home Office would be able to identify and resolve it much more clearly. The new contact centre will be at the centre of that, monitoring trends from incoming calls to understand where the problems are. We will supplement that with insight and customer feedback to UK Visas and Immigration. I was asked whether there would be a time limit, and I can reassure Members that there will not be.

[Catherine West]

I thank the Minister for being so generous with her time. Will she clarify whether Home Office staff receive a bonus for the number of removals they make?

[Caroline Nokes]

I am absolutely unaware of any bonus scheme for removals. What I want to focus on today is not removals but making sure, for the Windrush generation, that we get their British citizenship granted as swiftly as we can and at no cost to them.