Immigration: Pausing the Hostile Environment

David Lammy Excerpts

Thursday 12th July 2018 Commons Chamber

[Mr David Lammy (Tottenham) (Lab)]

(Urgent Question): May I ask the Minister of State if she will make a statement on the decision to pause the hostile environment and to slip that information out during the World cup last night?

[Mr Speaker]

One is supposed to read out the precise terms of the question, but the right hon. Gentleman indulged in a degree of poetic licence before I had the chance to stop him. Very good.

[The Minister for Immigration (Caroline Nokes)]

I welcome the opportunity to respond to this question, and I want to make our position very clear. We have put in place additional safeguards to ensure that legal migrants are not inadvertently caught up by measures designed to tackle illegal migration. It is right that we make a clear distinction between those who are here legally and those who are not. We have made it clear that it is not acceptable that those of the Windrush generation have been impacted negatively, and this Government have apologised.

We are keeping under constant review the safeguards that were immediately put in place. We have introduced a temporary pause in the proactive sharing of Home Office data with other organisations, including banks and building societies, for the purpose of controlling access to services. Data on persons over 30 has been excluded from sharing, to ensure that members of the Windrush generation are not inadvertently affected. This is a temporary measure. We are also providing additional support to landlords, employers and public service providers through the Home Office checking service to ensure that we are not impacting the Windrush generation. We have issued new guidance that encourages employers and landlords to get in touch with the Home Office checking service if a Commonwealth citizen does not have the documents they need to demonstrate their status. We have issued similar guidance to other Government Departments providing public services.

The Home Secretary has said that it is his top priority to right the wrongs that have occurred. A lessons learned review, which will have independent oversight, will help to ensure that we have a clear picture of what went wrong and of how we should take this forward. We are carrying out a historical review of removals and detentions. At the same time, our taskforce is helping to ensure that those who have struggled to demonstrate their right to be here are supported to do so, and we have committed to setting up a compensation scheme.

[Mr Lammy]

It is important to put on record the fact that immigration has brought considerable benefits to this country. We saw last night in England’s World Cup team 11 of the players from black or mixed-race heritage backgrounds. That is a tribute to the modern diversity of this country. When the Secretary of State took up his position a few weeks ago, he said that he wanted a decent system, a fair system and a system that treated people with respect. Is it respectful to slip out this information during yesterday’s World Cup spectacle? Is it respectful for the Minister’s Department still not to be able to tell us how many people have been detained? Is it respectful not to have any information about a transparent hardship scheme for those who are still in trouble? Is it respectful to have said nothing about whether the Minister is going to allow for a proper appeals system?

Will the Minister confirm that these changes are not just for the Windrush generation and that they are in fact for everyone who has been affected by the hostile environment? She talks about a “pause”, but why not scrap the hostile environment that is bringing this country into disrepute? Will she also confirm that we will no longer be asking teachers, nurses, doctors and landlords to act as the country’s border enforcement in the months and years ahead?

[Caroline Nokes]

The right hon. Gentleman has raised a number of important points. First, I want to make it clear that it was the former Home Secretary who requested the pausing of proactive data sharing with other Government Departments, and that that started in April. That is a temporary measure. However, the data sharing cannot be recommenced without my ministerial consent, and it is certainly not something that we will begin again until we are confident that we will not be impacting members of the Windrush generation further.

The right hon. Gentleman mentioned hardship, and of course our first priority has been to help people to secure their status through the taskforce. We have put in place a dedicated team for vulnerable people, whom we are linking up with other public sector bodies to ensure that they get the support they need. I chaired a cross-ministerial group early on in all this, and I was impressed by the steps that the Department for Work and Pensions in particular had taken to ensure that those affected would be able to have their benefits reinstated, indeed retrospectively, from the moment that they demonstrated that they had an appointment with the Windrush taskforce.

When conducting our review of those who may have been detained, it is important that we are meticulous. It would be wrong to come out with a number that we were not confident about and we will ensure that, as soon as we have figures that we are content are accurate, which will go through the same independent assurance process that we used for removals, they will be made available to the House.

The taskforce’s first priority is to ensure that those who are assisted achieve status, and that has happened in the vast majority of cases. Those over whom some question remains will have access to an administrative review and, in due course, could proceed to a judicial review if that were appropriate. Obviously, we do not want it to come to that.

As I have said previously and as the Home Secretary has made clear, we have sought to ensure that mitigations are in place for the measures that are within the compliant environment that have impacted the Windrush generation. As I said earlier, we have paused proactive data sharing for all nationalities for people over 30. However, it is important to reflect that compliant environment policies commenced a significant time ago under a previous Labour Administration, and it is also important that this Government have ways of identifying those who are actively accessing services in this country to which they are not entitled.