Windrush Compensation Scheme (Expenditure) Bill Debate

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Department: Home Office

Windrush Compensation Scheme (Expenditure) Bill

Diane Abbott Excerpts
Tuesday 24th March 2020

(4 years ago)

Commons Chamber
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In conclusion, the amendments and new clauses contain suggestions that seek to enhance the compensation scheme, not to undermine it in any way at all. I will not be pressing any of the amendments or new clauses to a Division, but I hope the Minister will engage with the ideas on that basis.
Diane Abbott Portrait Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)
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We are debating this important Bill in the shadow of the terrible existential crisis of coronavirus. However, it would be wrong to let the debate go past without sharing the perspectives of large numbers of the Windrush cohort on the arrangements for compensation. As was said in the Windrush lessons learned review:

“Members of the Windrush generation and their children have been poorly served by this country. They had every right to be here and should never have been caught in the immigration net.”

When we talk about compensation for the Windrush cohort, it is important to note that we are not talking about an act of charity; we are talking about people who were always entitled to be here and are owed an apology, as Wendy Williams said, as well as compensation.

I begin by making the point that it is important in going forward with Windrush compensation that we look beyond the Caribbean. In the lessons learned review, Wendy Williams pointed out that the Department’s historical cases review focused solely on people from the Caribbean and excluded anybody with a criminal conviction and a sentence of more than 12 months. We have seen that the legislative changes that apply to the Windrush generation also apply to other nationalities from the new Commonwealth. While the Windrush scheme is open to all Commonwealth nationalities, the narrow focus of the historical cases review means that the taskforce did not proactively contact non-Caribbean nationals in the same way that it did Caribbean nationals. I will return to the question of the Windrush compensation scheme and its outreach in a few minutes.

The Windrush compensation scheme is to be applauded in principle, but its record in practice, I am afraid, is lamentable. The scheme was unveiled in April 2019. By most estimates there is £200 million in the scheme and no upper limit on claims. That is to be welcomed, but since it was unveiled in 2019, only 1,108 claims have been made and only 36 people have received money. I could probably find 36 members of the Windrush cohort in my own borough of Hackney, let alone the country as a whole. Only £62,198 has been paid out. Those are shameful figures, and in their response to the new clauses, I want to hear from Ministers what they intend to do about the shamefully low pay-out.

As was said earlier, it is not surprising that people are reluctant to come forward, because their experience of the Home Office has been a punitive one. Some of them may be frightened that they could end up in a detention centre or worse. We in the Opposition believe that the Windrush compensation scheme needs a proper national campaign to encourage engagement among possible Commonwealth claimants. After all, I think £4 billion was spent on the EU settlement scheme. We need to spend comparable sums on outreach for the Windrush compensation, because this is a cohort of persons who came to this country quite a few years ago, and unless we do the outreach—positively, and with more resources behind it—and encourage them to claim, the danger is that they may never get the compensation to which they are entitled. Although of course their heirs and estates may get some of it, that is not the same as people getting an apology in their lifetimes, but also compensation.

I have said to the Minister and officials that I am happy to help with that outreach work—not as an apologist for the Government, but as someone who is very anxious that people should get what they are entitled to. The reason I think it is so important that people get what they are entitled to is not the money. As I have said before in the House, in the end, the cruellest thing for the Windrush cohort was not the problems, the difficulties, the possibility of deportation and all those practical things. The cruellest thing for the Windrush generation was the humiliation of being told by the British state that somehow they were not British or were trying to mislead the state in that matter.

This is a generation—I know something of it as my own parents were part of it—who came here with their UK and Colonies passports and believed that they were British. I will argue that it is the humiliation that cut to the quick. I have had various meetings in this House with members of the Windrush cohort, and that is the thing I come up against time and time again: how humiliated and hurt they felt to be, as it were, rejected by what they had always regarded as the mother country—a country they came to after the war to help to rebuild.

It is important to stress how poor the take-up has been and to say that Ministers must do more to encourage better take-up. We think that Ministers should consider putting the compensation scheme on a statutory basis. We also think it is important to stress that it applies not just to persons from the Caribbean but to people who came from other Commonwealth countries before January ’73 and people who had a right of abode or settled status and arrived to live in the UK before 31 December 1988.

We also think it is important that, in moving forward on the compensation scheme, which is so important to the people who have suffered, we look at all the important aspects of family life that were severed by the Windrush scandal, whether that was people being deported, people’s children not being able to establish their right to be here or the misery of people seeing their parents thousands of miles away, having been consigned to deportation by what seemed to them a very cruel state. I remember visiting Yarl’s Wood detention centre last year. There were women there who were married to British men and had British children but who, because they were caught up in the Windrush scandal, found themselves quite unfairly, having committed no crime, in a detention centre, and there were very many such cases.

We will be supporting the compensation scheme, because we think it is important that the money gets to the victims as soon as possible. The Opposition are happy to help in any way with outreach to encourage people to claim. Clearly, with the current public health situation, we cannot have meetings about it and so on, but there are other means—provided, possibly, by new media—by which more could be done on outreach.

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Kevin Foster Portrait The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
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I thank the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) and the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for their constructive speeches and thoughts. As the shadow Home Secretary just reflected, we are talking about people—particularly those who came here before 1973—who are British. They are British, they viewed themselves as British, and then they had a reminder of some of the prejudices they experienced when they first arrived. The scheme is not about granting people citizenship but confirming the status they always had. When we debate this issue, we always need to make the point that we are not granting them citizenship; they had it and have done for nearly 50 years.

I am grateful for the opportunity to discuss the amendments and new clauses, which I will go through in turn. I hope to give clear assurances to the Members who tabled them on some of the issues raised and how they formed part of our thinking during the development of the compensation scheme. I will start with those tabled by the Scottish National party before turning to the official Opposition. Amendment 1 would pave the way for the new clauses that would modify the Windrush compensation scheme before final payments are made. I also recognise that amendment 2 intends not to prevent any interim payments from being made. It has always been our priority to ensure that payments are made as quickly as possible rather than only at the final resolution of a case.

New clause 1 would move the operation of the Windrush compensation scheme out of the Home Office. I understand hon. Members’ well articulated concerns about the Department that caused the issues facing these individuals deciding on their eligibility to receive compensation. The Home Office is determined to learn the lessons and right the wrongs experienced by the Windrush generation. I reassure the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East that the compensation team is working hard to ensure that people get the compensation they deserve. As my right hon. Friend the Home Secretary said to the House last week, we will continue to do everything possible to ensure that the Home Office protects, supports and listens to every single part of the community it serves.

I also noted the request for a substantive debate on the lessons learned review. If I recall correctly, when the Home Secretary was at the Dispatch Box last week, she indicated that we would almost certainly look to do that at future moment when we are not constrained by the circumstances around this debate.

Diane Abbott Portrait Ms Abbott
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Is the Minister happy with the very low level of pay-out from the Windrush compensation scheme thus far?

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Diane Abbott Portrait Ms Abbott
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Does the Minister not accept, though, that because the scheme is called the Windrush compensation scheme, some people might assume that it is only for people from the West Indies?

Kevin Foster Portrait Kevin Foster
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I very much understand the shadow Home Secretary’s point. Windrush is the name we have for the generation. It is the name that has been in the press. It is the name that the media know, and the name that many of the public would identify with—even though it is a ship that the vast majority of people in the Windrush generation would never have seen, yet alone sailed upon. It has become common parlance. I agree that we need to get the message out there that, although it is called the Windrush compensation scheme, it is not just about those who came from the Caribbean; it is wider. It is for Commonwealth citizens who settled or had the right of abode in the UK before 1 January 1973, plus any person of any nationality who arrived in the UK before 31 December 1988 and is lawfully in the UK or is now a British citizen, and estates of the deceased and others. We intend to continue to promote the scheme and to make sure that more people come forward.

I move on to amendment 5, which seeks to ensure that the impact on family life of people who have difficulties in demonstrating their lawful status is taken into account. There is the ability to award compensation for impact on life, which is awarded on a series of levels, with payments ranging from £250 up to £10,000, where the effect on the claimant was profound and likely to be irreversible.

I hope I have been able to reassure the hon. and right hon. Members who have tabled some well-intended and well-thought-through amendments. I hope they will understand why it would be appropriate to withdraw the amendments.

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Stuart C McDonald Portrait Stuart C. McDonald
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I am grateful to the Minister for addressing some of the points raised. Through our interventions, I think the shadow Home Secretary and I have made it clear that we accept what the Minister has said, and we have asked him to go away with one or two points and ask further questions. In the meantime, I beg to ask leave to withdraw the amendment.

Diane Abbott Portrait Ms Abbott
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I just want to confirm that it is not our intention to vote against the Bill, and it is our intention to not press our amendments.

Just before the debate comes to a close, I would like to express, on his behalf, the regret of my colleague and right hon. Friend the Member for Tottenham (Mr Lammy) for not being here. He is in self-isolation due to the current public health problems.

Amendment, by leave, withdrawn.

Clause 1 ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

The Deputy Speaker resumed the Chair.

Bill reported, without amendment.

Third reading

Motion made, and Question proposed, That the Bill be now read the Third time.—(Kevin Foster.)

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Diane Abbott Portrait Ms Abbott
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As I said in Committee, the Opposition support the Bill in principle, but it is unfortunate that we have had to discuss it before we have had a proper debate about the lessons learned review. One thing that that review said was that this was not a mistake: there were problems in the whole culture and leadership of the Home Office. I understand why, given the public health tragedy in which we are engulfed, it has not proved possible at this point to have a serious debate on the lessons learned review, but until we have done that and absorbed some of the lessons that Wendy Williams was at such pains to set out in her review, we cannot have complete confidence that the compensation scheme will, even with all the best intentions of Ministers, go ahead at pace and that people will get what they are entitled to.

Finally, I want to talk about the people in the community who campaigned long and hard on this issue, notably Patrick Vernon, a Hackney resident who is well known to me. All sorts of people in the community understood there was a scandal, even before Amelia Gentleman’s articles, and they continue to campaign. The compensation Bill means nothing unless there is delivery as well as intent.