Windrush Review Debate

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Department: Home Office
Wednesday 29th June 2022

(2 years, 5 months ago)

Westminster Hall
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Marsha De Cordova Portrait Marsha De Cordova
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She is soon to be right hon. [Laughter.]

It took many activists campaigning for justice. I first came to this place in 2017, and within a year, the scandal did really hit. I had to stand up in the Chamber and make so many representations for my constituents who were caught up in this scandal and genuinely could not believe what was happening.

Despite the impact of those cruel and inhumane policies, I do not think the Government have really learned the lessons of the scandal, because if they had, they would not have passed the inhumane Nationality and Borders Act 2022. What have they actually learned? If they had learned the lessons of Windrush, we would not have seen so many people waiting for compensation from the scheme. We know that many, many people have not received compensation and that when people do, it is so small that it really does not amount to much or compensate them for what they have endured. We also know that many people have lost their life before even receiving compensation.

Diane Abbott Portrait Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
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Does my hon. Friend agree that one of the worst things about the Windrush scandal was that this was a very proud generation, and a generation who thought they were British? They had travelled here on passports that were from the United Kingdom and the colonies. We are here today talking about cash and compensation, but actually it is the emotional impact on that generation that is the worst thing of all.

Marsha De Cordova Portrait Marsha De Cordova
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I thank my right hon. Friend for that intervention, and I could not have said it any better; she absolutely hits the nail on the head. They were British citizens when they came to this country. In fact, they call it the mother country—that is what my grandparents called Britain. That is how they saw it and they were British citizens, so then to be treated in such a way—it really was not right.

I strongly believe that the whole compensation scheme should be moved outside the Home Office. It should be an independent, fair, compassionate and accessible scheme that does not have the Home Office’s hands over it. Wendy Williams’s progress report highlights that many of her 30 recommendations have not been met, so my question to the Minister is: why? I am really concerned that the recommendation to have a full review of the hostile environment policy—it has now been called the “compliant environment”, but we all know that it is still hostile—has not been achieved.

Wendy Williams also called on the Home Secretary to commission officials to undertake a full review, designed in partnership with external experts, and evaluation of the hostile policy measures, individually and cumulatively. I do not believe that any work has been progressed on that.

Given the significant role that the hostile environment policy played in causing the Windrush scandal, I would have expected the Home Office to prioritise completing a full review in the last 18 months. I would therefore like the Minister, when he responds, to explain why the Home Office has not yet completed a full review in partnership with those external experts. When does it intend to do that?

Wendy Williams stated in her progress report that

“the results of the review of the…policies remain an essential element in the department’s efforts to demonstrate it is learning”.

However, legislation has been produced that shows that the Department really has not done so. For me, and I am sure for all of my colleagues, this process really is about righting these wrongs and bringing justice for those people caught up in the scandal, but it is also about ensuring that it can never happen again.

I come back to this question: have the Government learned? I ask that because they then introduced the Rwanda policy. I am genuinely baffled as to when this Government and the Home Office will finally begin to learn that their policies have consequences and that if they did some simple things, such as carrying out impact assessments, then just maybe that would highlight some of the problems with their policies, which are being implemented with hostility and have a hostile impact on our communities.

Diane Abbott Portrait Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
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As I said in my earlier intervention, my parents were of the Windrush generation. They came here in the 1950s and I remember how proud they were and how they believed that they were citizens of the United Kingdom. The whole Windrush scandal has been so painful and humiliating for them, and what has made the pain and humiliation worse is the very slow progress in handing out compensation. Only one in four of the applicants have got their compensation. One has to wonder whether the Home Office is not waiting for some of them to die, to rid itself of the obligation to pay compensation.

As the Minister will be aware, the Home Affairs Committee visited Sheffield, where the casework for the compensation scheme is done. He will also be aware that the Committee produced a report on the issue, in which we made a number of specific recommendations. One of the most important recommendations is that the whole Windrush compensation operation should be handed to an independent organisation, because one of the startling facts is that the number of people who have applied for compensation is much lower than was expected.

Those people do not want to go to the Home Office for anything—think about it and put yourself in their shoes—whereas if an independent organisation was responsible for the scheme, I believe that many more of the people who are entitled to compensation would come forward. I believe that an independent organisation would be speedier and more effective in processing the claims. The Home Office has rejected the suggestion out of hand, but I am bringing it forward once again. The delays, the incoherence and the unwillingness of possible claimants to come forward all point to the need to move this work to an independent organisation.

Another Home Affairs Committee recommendation that the Home Office rejected was to reimburse claimants for their legal costs. When we put that to the Home Office, it said, “It has all been devised so that people don’t need a lawyer,” but we need to tell that to the claimants. We have to remember that the Windrush generation are not necessarily used to doing things online. Many of them find that they have to use lawyers, some of whom are charging extortionate costs and might get a third of the compensation, if not half. It cannot be fair to offer compensation yet allow victims to be gouged by lawyers. The Committee has said that the Government should reimburse claimants for their legal costs. The other issue we have raised is how opaque some of the criteria are for the amount of compensation that claimants get, and we want to see more clarity on that.

The Home Affairs Committee went to Sheffield to see the unit that is dealing with this issue. They were very nice people, but one of the things that concerned us was what they told us about the backlog. The Home Office has tens of thousands of claimants in a queue, and they have not yet been allocated to caseworkers—the Minister is looking startled, so he needs to go to Sheffield and ask them for himself. There are tens of thousands of cases that have not been allocated to caseworkers, and nobody in Sheffield could tell me when they will be allocated. They are dealing with more recent cases, but they have a big queue. The caseworkers were very nice—we met them, their managers and all those people—but not one of them was from the same background as the majority of claimants.

Marsha De Cordova Portrait Marsha De Cordova
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My right hon. Friend is making an excellent speech, and I thank her for it. This really harks back to the issue of representation and leadership. The compensation scheme needs people who are compassionate and who can empathise, so does she agree that it is vital that those administering the scheme should reflect those who have been affected by it?

Diane Abbott Portrait Ms Abbott
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I agree with my colleague. It is very regrettable that none of the caseworkers, managers and advisers reflects the diversity of the claimants to the Windrush compensation scheme. It seems to me that if the Home Office were serious about running the scheme efficiently, it would have made more effort to ensure that the officials dealing with the scheme reflected the communities from which most of the claimants come.

We cannot overstate the sadness and disappointment of claimants who find themselves caught up in the labyrinth and waiting, sometimes for years, to understand what has happened to their claim. It is all very well and desirable that we had a Windrush monument unveiled last week, but nobody will take this Government’s concern about Windrush seriously until they make the compensation scheme much speedier, much more efficient and much more likely to reach the claimants before some of them pass away.

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Paulette Hamilton Portrait Mrs Paulette Hamilton (Birmingham, Erdington) (Lab)
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It is a pleasure to serve under your chairship, Ms McVey. I thank and congratulate my hon. Friend the Member for Edmonton (Kate Osamor) on securing this important debate. The points made this afternoon have been powerful and brilliant.

Last Wednesday marked the 74th anniversary of the Windrush migration. It was a journey that started with a call for help to rebuild Britain following the devastation of the second world war. To mark the anniversary, I attended the launch of an amazing new exhibition in Birmingham called “Home from Home: Wassifa’s 50th Anniversary at Birmingham Back to Backs”. The exhibition recreates a Caribbean household from the 1970s in Handsworth, which is where I grew up. It was very personal to me; the experience brought back so many memories of what our front rooms and our homes used to look like when I grew up. I will highlight the Blue Spot ’gram.

Diane Abbott Portrait Ms Abbott
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The cocktail cabinet!

Paulette Hamilton Portrait Mrs Hamilton
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The cocktail cabinet—they were all there and it brought back some lovely memories.

Diane Abbott Portrait Ms Abbott
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Does my hon. Friend agree with me that in the Windrush generation there were many black women who came to work as nurses—my mother was one—and without those nurses from the Caribbean we would not have the NHS we have today?

Paulette Hamilton Portrait Mrs Hamilton
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I absolutely agree with my right hon. Friend. As my background is in health, I will also say that I would not have gone into nursing if it was not for my parents, and for other people from Caribbean heritage, who were so proud to be British. They are not immigrants or migrants; they came here on a British passport—they were British.

The exhibition is a collaboration between the Mykal Wassifa Brown Heritage Foundation, the Blackstory Partnership and the National Trust. It was great to see a major organisation such as the National Trust back this project and recognise the importance of black people in British history. I take this opportunity to thank everyone who was involved. At the launch, however, I also heard distressing stories about the treatment of British Windrush citizens, and some were at the event.

The Windrush scandal began to surface in 2017, after it emerged that hundreds of Commonwealth citizens had been wrongly detained and deported, and denied their legal rights. In April 2018, the Government were forced to apologise for the trauma they caused to so many people who made Britain their home for decades.

To fix the wrongs, the Home Office quite rightly introduced the Windrush compensation scheme but, to add insult to injury, the scheme has been a failure. It is complex to navigate. There is a lack of free legal advice. Claims take months to process and compensation offers are insultingly small. The vast majority of people who have applied for compensation through the Home Office, to its disgrace, have yet to receive a penny. As was highlighted earlier, sadly, it is too late for those who passed away before they could secure justice. Many people in this room have been to funerals where people have had to use GoFundMe, because the deceased could not afford to bury themselves because of what they had been through.

The Windrush generation have been failed by a deeply flawed and discriminatory immigration system, created by a hostile environment. Where once immigrants were welcome to work and live, today, Britain’s hostile environment has created a culture of fear and suspicion. The policies were introduced in 2012 by the then Home Secretary, the right hon. Member for Maidenhead (Mrs May), with the aim of making life unbearably difficult in Britain for those who cannot show the right paperwork.

Three months ago, I was so proud to be elected as the first ever black Member of Parliament in Birmingham. As a child of the Windrush generation, it is painful to hear the harrowing experiences of people who still cannot get the respect and dignity they are entitled to. One constituent told me that they have struggled to make a successful claim under the Windrush compensation scheme. The burden of proof needed when a person is unable to get access to employment makes it very difficult for those affected.

The journey for many migrants began in 1948 but, in 2022, more than 74 years later, they are still fighting to be treated with the dignity they deserve. I urge the Minister to take these concerns and all the others that he has heard this afternoon on board and address the important issues. The Windrush generation built the foundations of the Britain we enjoy today. The least we can do is give them the justice they deserve.

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Kevin Foster Portrait Kevin Foster
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As Members are aware, we are recruiting additional people into the compensation scheme team, so we are increasing the number of staff working on it. To be clear, despite recent pressures, the area we never took people from was Windrush work, because we thought it was appropriate that that was seen as a priority. It is important that our caseworkers can empathise with people’s situations, which is why we have programmes of engagement. We want them to work proactively with the community groups, hear their experiences, and listen and understand where people are coming from. I understand that this is about not just immigration status, but people’s very strong identity; they felt—this was eloquently put earlier—that they were British. We recognise that it is important to ensure that that experience is there for all caseworkers.

I want to address the idea that there are tens of thousands of applications outstanding. The number of applications received so far is just under 4,000, which would make that rather difficult numerically. There are not cases that are “unallocated”; we understand that that point arose from a misunderstanding. All cases are being worked on and pursued, and in some cases we are waiting for responses or, for example, for probate to be resolved so that we can take things further. I will be writing to the Chair of the Home Affairs Committee shortly to confirm that.

Diane Abbott Portrait Ms Abbott
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Whatever the Minister has been told, the Home Affairs Committee obtained quite different figures when we went to Sheffield. I will be happy to write to him and set them out.

Kevin Foster Portrait Kevin Foster
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We had a letter from the Chair of the Home Affairs Committee following the visit. We will shortly be replying, and I will be happy to reply in further detail to those points when I receive them.

One of the points that has been focused on is whether the Windrush compensation scheme should be transferred to an independent organisation. I understand why that might sound appealing, but it would risk delaying payments to people even further, and many cases would have to come back to Home Office records and other parts of the Home Office, which would mean that we would still be heavily involved. I do not believe for one minute that anyone is suggesting that we should contract this out—that might have been partly suggested—to a private sector operator. It is right that we have a team who operate separately and independently from other areas of the Home Office and are able to take matters forward with clear delineation. Certain information supplied to the Windrush team is not available to wider Home Office operations. The focus needs to be on paying compensation and moving the scheme forward, rather than on who is actually administering it.