Windrush Compensation Scheme (Expenditure) Bill

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

My mother, like that of a number of Members, was a member of the Windrush generation, so I know as well as anybody in the House the patriotism of the Windrush cohort, their commitment to this country, and their deep sense of hurt about the Windrush scandal. It is a scandal that continues to cast a shadow over our country’s reputation for fairness and for just public administration. Ministers may believe that the Bill will draw a line under the Windrush scandal, but I have got news for them: the Bill will not do that, and I will explain why.

First, though, let me say that the Opposition will not oppose the Bill. It is a money Bill, and it is necessary that some legislation be passed so that the Windrush victims, or at least some proportion of them, can finally receive some long-overdue compensation, however inadequate. We obviously do not oppose the payment of compensation, but through our experiences with our own constituents we are completely opposed to the way the Government are going about this. It is shoddy and inefficient and it adds insult to injury.

The Windrush compensation Bill will not end the Windrush scandal, as the scandal itself arises because British citizens—people who came here believing that they were British—were treated so appallingly by this Government and their predecessors. It is fair to say that treating migrants shoddily did not start in 2010. On the contrary, there has been discrimination and a denial of rights over the decades, but something new and far worse was set in train by the Immigration Act 2014, which many of those on the Government Benches personally voted for. In fact, there are very few of us still remaining as Members of Parliament who voted against that piece of legislation.

The 2014 Act encouraged the presumption of illegality directed at migrants and, just as some of us warned at the time, that presumption was very frequently and incorrectly directed against those with black and brown skins. It also obliged doctors, nurses, teachers, bank clerks and employers to act as internal border guards—to inform the authorities if they believed that someone was in this country illegally.

Ministers knew that that would lead to a huge wave of false allegations because we told them so at the time, but they pressed ahead regardless. The Government have signalled no intention of repealing the 2014 Act, so it gives me no pleasure to predict that this scandal will not go away. Unless and until that Act is repealed and the Government end their hostile environment, this scandal will grow.

[Apsana Begum (Poplar and Limehouse) (Lab)]

I thank my right hon. Friend for giving way and for all her brave and principled hard work in this area. As has been pointed out in this place and beyond, the Government’s divisive, draconian and oppressive hostile environment for migrants is at the core of the treatment of the Windrush generation. Does she agree that although this scandal has disproportionately affected people from the Caribbean, it potentially impacts on all people from across the Commonwealth, including migrants from India, Pakistan and Bangladesh?

[Ms Abbott]

I am grateful to my hon. Friend for her intervention. I was going to come to the point that although people talk about the Windrush scandal in terms of migrants from the Caribbean, it actually affects people from Africa, from south Asia and anyone from a then Commonwealth country who came in at the time. I point out to the House that there is also another, perhaps larger, scandal waiting in the wings. This, too, arises because of the 2014 Act and the hostile environment. I am speaking, of course, about this Government’s treatment of the EU 3 million. The EU settlement scheme does not confer new rights, but instead removes them. EU citizens will then potentially risk being charged that they are here illegally, and will face the burden of proof to show otherwise, and the legal status of British citizens now abroad is also bound up with how fairly this Government treat EU citizens here.

I previously stated that the Opposition will not vote against the compensation Bill, because otherwise there will be no compensation paid at all, but we on the Opposition Benches must insist that the Home Secretary look again at the introduction of a special hardship scheme. There are people who have died. There are people who are still in debt, because of the slowness in dealing with their claims for compensation.

[Meg Hillier]

My right hon. Friend will have noted in the letter that we have seen from the second permanent secretary at the Home Office that of the more than1,000 claimants, only 36 have been settled to the tune of just over £62,000. Does she not agree that, although extending it is not a bad thing in one way, it is in danger of delaying the very vital payments that so many of our constituents deserve?

[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?

[Jessica Morden (Newport East) (Lab)]

What struck me is how constituents of mine whose lives have been profoundly affected by this issue are quite nervous about this process, because of all they have suffered. Does my right hon. Friend agree that the Government have to get it right quickly and do far more to reassure people who have suffered such shocking injustices and have little trust?

[Ms Abbott]

I agree with my hon. Friend that much more needs to be done to reassure people who are, rightly, worried about engaging with the Home Office at all because of previous experiences.

[Meg Hillier]

Does my right hon. Friend agree that one of the big problems is that the Home Office systems are not up to scratch? To cope with both Windrush and the potential non-Caribbean Commonwealth applications as well as EU citizens, whom she rightly highlighted, the Home Office systems need to be improved.

[Ms Abbott]

I agree with my hon. Friend.

Since the previous Government were first obliged to apologise for the scandal, in April 2018, there have been more than 8,000 applications from people seeking the necessary documentation to establish their legality —8,000 applications for documentation, but only 1,000 applications for compensation. What has happened to the other 7,000? Why have they not come forward? Will the Home Secretary tell us what steps her Department is taking proactively to engage with them? Is she aware of any factors that might be inhibiting legitimate applicants? Is it possible that fear of the hostile environment is a factor?

How large is the publicity budget for the scheme? The House would like to know how that budget compares with the £46 million reportedly spent on the “Get ready for Brexit” campaign, which was criticised by the National Audit Office as having not made the slightest difference to public awareness. The House is entitled to know more details of the effectiveness of the publicity campaign. I understand that Home Office officials have visited Afro-Caribbean churches. That is good, but I hope Ministers understand that potential claimants may have difficulty approaching officials about their immigration status if they know that those officials are from the very Department that might seek to deport them, or might have deported someone they know.

Another issue is the extent of the Windrush cohort. As I said earlier, it is not just about people from the Caribbean: it affects all those Commonwealth and former empire citizens who came here legally before 1973, which includes people from west Africa, south Asia and elsewhere. It also includes their daughters, sons, grandsons and granddaughters, because the failure of their parents and grandparents to establish their citizenship may have affected their children’s and grandchildren’s immigration rights. It may be that people who have been rounded up for that flight to Jamaica tomorrow fall into that category. Will the Minister confirm that it is the case that many people originally from south Asia are also eligible for compensation? What will the Government do to ensure that all of them are approached about the compensation they are due?

[Marsha De Cordova (Battersea) (Lab)]

I thank my right hon. Friend for giving way: she has been very generous with her time. Does she agree that it is unclear what the appeals process will be for the compensation scheme? Can people appeal against a compensation claim being turned down, and if so, can they receive legal aid for that appeal?

[Ms Abbott]

There are too many things that remain unclear about the compensation scheme, but I am sure the Minister will respond to my hon. Friend’s comments.

In conclusion, the Windrush scandal was seen and noted around the world. The current Prime Minister talks about reaching out to friends old and new in the new post-Brexit world, but unless and until this scandal is actually ended, do not be surprised if friends old and new treat those claims of amity very cautiously. No money can compensate for the sense of humiliation that members of the Windrush generation felt at being told, perhaps for the first time, that they were not actually British. This is not about the money: it is about making good that unhappiness, humiliation and fear. I urge Ministers to listen carefully to what Members say about their individual constituents’ experiences, because it will shed a lot of light on where this scheme is currently going wrong.