Windrush

Douglas Ross Excerpts

Wednesday 2nd May 2018 Commons Chamber

[Yvette Cooper]

I am going to repeat what I said: our Select Committee has not had a chance to discuss this, but clearly we would be the recipients of the papers, if the motion were agreed to. It is for the House to debate the motion and for the Select Committee to decide how to respond, which we would do responsibly, as other Select Committees have done.

[Douglas Ross (Moray) (Con)]

The right hon. Lady and I both serve on the Home Affairs Committee. Does she share my concerns about the Labour motion? As Chair of the Committee, she has requested significant information on our behalf from the previous and current Home Secretaries, which will be forthcoming, so I wonder why Labour is asking for even more. Did the Labour Front-Bench team discuss with her what information she had requested on the Committee’s behalf before tabling the motion?

[Yvette Cooper]

The hon. Gentleman is right that we have requested a huge amount of information, and we will continue to do so, because we must continue our work on the Select Committee, which is separate from any decision the House makes. As he also makes clear, individual Committee members may take different views in this debate.

I want to pursue some important issues around the Windrush scandal. The Select Committee wants to know about the review the Home Secretary has announced. Who will it be done by? I would have concerns were it to be done by a Home Office official, given the concerns and questions raised by the targets and bonuses, which might have involved even the most senior of Home Office officials. We look forward to receiving more information on that, as well as on how the taskforce will respond, on the legal framework that will now cover the Windrush generation, on the compensation framework, and on other matters too.

I am concerned about our conflating the debate on the Windrush generation with the wider questions of illegal immigration. We all agree, I think, that the Windrush generation are here legally—they are British citizens. I also question the idea that the only problem is with a group of people who, because they did not get the right papers in 1973, have inadvertently ended up in the illegal immigration system, rather than the legal immigration system; there are, I believe, wider issues, based on evidence we have taken. The problem is that our immigration system does not have a good enough process for resolving who is here legally and who is here illegally. It is a system that makes too many mistakes, as has been highlighted in our Committee reports, in the inspectorate’s reports, and in our recommendations. The problem is that when people do not fit into the boxes, the system does not help them. Too often, its spits them out. As we said in one of our recent reports,

“urgent action is needed to address errors in the enforcement process.”

I hope that the Home Office will respond to our recommendations.

In cases in which appeals are still in place, half of them go against the Government because the Home Office has got it wrong, but in many cases there are no safeguards, independent checks or appeals. We heard last week that when people apply for “no time limit”, as many of the Windrush families may have done, there is no way of appealing if the system gets things wrong, even if it is the Home Office that has screwed up or there has been some other error in the system.

We also know that there are problems with the burden of proof. A letter from a Home Office Minister explained that Mr Trevor Johnson’s application had been turned down because

“He has…been unable to demonstrate that he has been continuously resident in the UK for the years 1989 to 1990, 1994 to 1995 and 1997 to 1998.”

That means that he had provided proof of his residence for the remaining 45 years, but not for those three years. I could not give four pieces of proof of where I was in 1989 or 1994. I hope that the Home Secretary will now address that issue of the burden of proof.

The system is also terribly complicated, and no legal aid is available. It is impossible for those who struggle with literacy or mental health problems to navigate. It is also hugely expensive, and too often penalises people for simple mistakes. It was reported in The Daily Telegraph today that 600 highly skilled doctors, engineers and IT professionals who may have been here for many years are being denied leave to remain because of minor errors in their tax returns. I hope the Home Office will take that up, because it obviously extends beyond the Windrush generation.

There are also the questions about targets and the way in which they have operated. All Departments have targets, such as key performance indicators, but the problem in this instance is the absence of safeguards or independent checks to prevent the targets from distorting individual decisions. That is how injustices arise. Underlying all this has been the overall net migration target, which our Committee’s report recommended should be replaced. It includes emigration as well as immigration, it includes people who are here legally as well as those who are here illegally, and it gives the Home Office as a whole an incentive to encourage people to leave whether they are here legally or not.

If something is to come out of this awful case, it must be this: we value and support the commitment of the Windrush generation, but we must also look much more widely throughout the immigration system at the things going wrong. An immigration system is crucial to any country’s national identity. We believe that we are a fair country and a humane country, and we must ensure that those values are part of our immigration system.