Windrush Day 2021

Joanna Cherry Excerpts

Thursday 1st July 2021 Commons Chamber

[Joanna Cherry (Edinburgh South West) (SNP) [V]]

I congratulate the hon. Member for Dulwich and West Norwood (Helen Hayes) on securing this important debate.

It is a rich irony that as we hold this debate to mark Windrush Day, another immigration scandal similar to that which affected the Windrush generation is potentially in the making. On Wednesday this week, the deadline for EU nationals to apply for settled status in the UK passed amidst worries that thousands, possibly hundreds of thousands, had missed the deadline. It is important for their sake, as well as for the sake of the wider black, Asian and minority ethnic community, that we do not miss the opportunity of this debate to address the reasons why so many of the Windrush generation and their descendants were wrongly detained, deported and denied legal rights.

It is important to be clear about what Wendy Williams identified in her “Windrush Lessons Learned Review”, in which she said:

“While the Windrush scandal began to become public in late 2017, its roots lie much deeper. Successive rounds of legislation and policy effectively set traps for the Windrush generation…Over decades, legislation progressively eroded the rights of the Windrush generation… The hostile environment was another step on the long road towards a more restrictive immigration regime, but it was also a departure in terms of the scale and seriousness of the effects which would be directly felt by individuals.

The department”—

by which she means the Home Office—

“developed immigration policy at speed, impelled by ministerial pressure, with too little consideration of the possible impact of the measures”.

That is reflected in the evidence monitoring the impact of the right to rent scheme, one of the key measures of the hostile environment that the Windrush generation came up against. The evidence monitoring that scheme shows that it discriminates on nationality and racial grounds.

Many of the hostile environment policies operate by outsourcing immigration enforcement to people in the community such as health workers, bank workers and employers. That process carries the same risk as that identified in the right to rent scheme. Yet in the “Windrush Lessons Learned Review”, Wendy Williams found that the Home Office did not consider the risks to ethnic minorities appropriately as it developed the right to rent policy, and that it continued to implement the scheme after others had pointed out the risks and after evidence had arisen that the risks had materialised. Wendy Williams has said that the right to rent policy exemplifies the Home Office’s unwillingness to listen to other people’s perspective or take on board external scrutiny, and that that stems from

“an absolute conviction, rather than evidence”.

As a parliamentarian and a member of the Joint Committee on Human Rights, in 2018 I was involved in a detailed case study of two of the Windrush cases. When we looked at the files of these people, we saw the way in which those acting on behalf of the Home Office had repeatedly ignored extensive documentary evidence that they had every right to live in the United Kingdom. These people were detained and were on the verge of being deported from the United Kingdom. Given that treatment, it is perfectly understandable that there is serious concern about what might become of those EU nationals living in the United Kingdom who have not met the deadline for the settlement scheme and may therefore find themselves, like the Windrush generation, without the paperwork to evidence their right to be here.

As ever, it is the most vulnerable who will suffer most. During the Windrush scandal, it was old people who were hit hardest. We have heard other hon. Members talk about that. Turning again to the EU settlement scheme, on Twitter last night a consultant anaesthetist set out the story of his 83-year-old German-born mother, who came to the United Kingdom in 1962. She has given a lifetime of dedicated service to the United Kingdom and now, sadly, like so many people of her generation, she has dementia. She has no understanding of the process to gain the settled status, and without her son’s assistance she would not have been able to follow it. What of the elderly and vulnerable people with no loving family to help them navigate our complicated immigration system? Just like the Windrush generation, they will be at risk of losing bank accounts, tenancies, access to the NHS and welfare benefits.

We need to use this debate to make sure that we learn lessons from what happened during the Windrush scandal. Its effects were felt far and wide. One of my constituents, a man in his 70s, returned from holiday a few years ago to be told by Border Force officials that he was an illegal immigrant. He had been born in Canada to a Scottish mother and had come to the United Kingdom as a baby and known nowhere else. He never though that he would be the kind of person who would be caught up in the Windrush scandal, but he was and he was extremely upset and had a genuine fear that he was going to be deported, until my office was able to sort out his status and paperwork.

Another constituent of mine, a British national from the Commonwealth who came here before 1988, has been unable to get work as a professional bus driver for the past few years because he was wrongly accused of hijacking someone else’s identity. Although his Department for Work and Pensions file was eventually cleared and his right to benefits was reinstated, the Home Office did not regularise his identity, he cannot get a new passport and he cannot get a driving licence. He came to see me as he was desperate to get his driving licence so that he could work. He was unaware of the Windrush scheme remedy, and the team in my office are now working with him to complete a Windrush application. I hope the Minister is listening and will ask his officials to look at this case specifically, to learn lessons of the devastation that can be caused by failing to properly resolve these types of situation.

As has been indicated, responses to parliamentary questions show that the Windrush compensation scheme is a lengthy experience, for some at least, with many waiting for more than a year. Shamefully, as has been said, 21 people have died waiting for a response. So it is time that the scheme was properly resourced and that legal aid was made available to help claimants through the bureaucracy. So my other ask of the Minister today is whether he can give us an undertaking to properly resource this compensation scheme, on which the Home Office has to date drastically underspent its budget, and whether he will afford legal aid for the more complicated cases.

Above and beyond everything else, what we should take from today’s debate is the lessons that should be learned from the Windrush scandal, and the title of Wendy Williams’ report refers to that. We should take them forward to make sure that no other people living in the UK suffer that sort of treatment in the future. If we do not address the hostile environment and its implications—through the right to rent scheme, in the workplace, in the health service and in the benefits system—we are at risk of going back to the days of signs in the window saying, “No blacks, no Irish need apply”, except that the signs will not be there because the system is more insidious and more covert, but it is still there. The Windrush scandal should have marked the end of the hostile environment, but the Home Office is forging ahead with it regardless. Its approach was recently typified by the carrying out of an immigration raid during a religious festival on Glasgow’s south side. The local multicultural community firmly and peaceably showed what they thought of the British Government’s conduct, and the victims of the raid were released. The shameful heavy-handed approach to immigration typified by the Windrush scandal should have no place in the modern United Kingdom. It certainly has no mandate in Scotland and no place in modern Scotland, which is one of the many reasons why the SNP wins election after election in Scotland. The responsibility to realise the means to do something about the hostile environment in Scotland weighs heavily on my party, but ultimately the responsibility for it weighs on the Minister’s party and I want to hear from him today that he has learned the lessons of the Windrush scandal and that steps will be taken to avoid it ever happening again.