Windrush Compensation Scheme

Lord Paddick Excerpts

Wednesday 3rd April 2019 Lords Chamber

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank the noble Baroness for repeating the Statement made in the other place by her right honourable friend the Home Secretary earlier today. I too place on record my thanks to Martin Forde QC and his colleagues for the work they have done; we are grateful for the work they have undertaken.

I concur with the comments in the Statement to the effect that we have a proud history of welcoming new arrivals here. My own parents were immigrants to this country from the Republic of Ireland in the 1950s, and my mum went on to work in the NHS as a nurse. I agree that what happened to the Windrush generation was a shocking, unacceptable outrage. People who had every right to be here, who were working hard and paying their taxes, were treated in a shabby, disgraceful way.

The noble Baroness refers to the scheme, but it will be helpful to the House if she could outline briefly what the scheme will look like and how it will work. I welcome the proposal to accept claims from the estates of individuals who have, sadly, passed away. However, could the noble Baroness set out what she means by “close family members” in respect of claims submitted for compensation? Is that children, grandchildren or cousins? It would be good to be clear on that point as soon as possible.

When the noble Baroness talks of media coverage, what does she mean? I have seen the coverage in the mainstream media, but will the Government make use of social media? A social media campaign, properly targeted, could prove to be very effective in this regard; even if it could not make contact with individuals, certainly it could make contact with their children and grandchildren.

Finally, can the noble Baroness say a little more about the programme of events she referred to in the Statement and how long it is envisaged that will run for? I look forward to the noble Baroness’s response to my questions.

[Lord Paddick (LD)]

My Lords, I, too, thank the Minister for repeating the Statement. This is a shameful episode in our country’s history, where those who came here to help the UK were wrongly denied the right to remain. I pay tribute to my noble friend Lady Benjamin for her tireless and successful campaign for a Windrush Day. It is sad that this scandal casts a shadow over what is meant to be a celebration of everything the Windrush generation and their descendants have contributed to the UK. It is difficult to see how the wrongs of unlawful deportation, where some of those affected have died in poverty overseas, can be made right. Rather than accepting claims from the estate of those who have passed away and from close family members, will the Government approach those affected and proactively offer compensation?

While the Government await the results of Wendy Williams’ review, there are some things that they could and should do now. They need to address the ongoing “hostile environment” created by such measures as the right to rent scheme. As Liberal Democrats, we argued when the scheme was being discussed in this House that, as a recent High Court case has found, forcing landlords to carry out immigration checks on potential tenants is likely to be discriminatory, not just against immigrants but against black and minority ethnic Britons. Why are the Government appealing against that finding when they say that they are dismantling the hostile environment?

Can the Minister also explain why Windrush generation individuals who received settled status without being given the ability to prove it are now being asked to prove that they are of “good character” and why, if they fail to do so, they could be refused right of abode, settlement or citizenship? On page 14 of 19, the Windrush scheme application form states:

“Please give any other information which will help us decide whether you are of good character. Please use an additional sheet if necessary”.


I thought those who had a right of abode in the UK would automatically be given the right to remain. Perhaps the Minister can explain what is going on.

The Government accept that the roots of the Windrush scandal lie in a policy that saw people receive settled status without giving them the ability to prove it. Will they therefore accept the Liberal Democrat amendments to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill currently before the other place, so that EEA and Swiss nationals and their family members who are granted settled or pre-settled status under the EU settlement scheme are provided with physical documented proof of that status, so that they can prove it?

A compensation scheme is one thing. Government action to prove they have learned lessons is quite another.

[Baroness Williams of Trafford]

I thank both noble Lords for their questions and join the noble Lord, Lord Paddick, in commending the noble Baroness, Lady Benjamin, for all the positive work that she has done in this area. She is a joy to work with and a great advocate for the members of the Windrush generation.

Turning first to the question of the noble Lord, Lord Kennedy, about exactly how the scheme will work, I rarely use a prop in this place, but I happen to have one on me. I refer him to the complete guide to the Windrush compensation scheme, which can be found both in physical copy and on the GOV.UK Windrush compensation scheme website. The rationale behind this came about through the consultation to learn at first hand from the various stakeholders how the scheme might work best and most efficiently. Making the application form as easy to complete as possible was the number one priority, while reaching out proactively to people was the second.

The noble Lord, Lord Kennedy, asked about the various events taking place. Clearly an event is being held in Parliament today with the Home Secretary, and 15 community events have been planned over the next three months. They are open to anyone of any nationality. The first will be held in Lambeth Town Hall this Friday and a full schedule will be published shortly on GOV.UK. He also rightly made a point about social media. It is the best way to get information out as quickly as possible and we are using it to publicise the scheme. I will be tweeting and I hope the noble Lord will retweet my message because we all have a leadership role to play in this.

The FCO is also working to promote the scheme overseas because we want as many eligible people as possible to claim. So that they can do so, promotional materials are being sent to all posts. Tomorrow, the Immigration Minister will brief the Commonwealth high commissioner in the UK. We are placing adverts for the scheme and the events in core publications. Here in the UK, we will write to those who have already been supported through the task force to let them know about the compensation launch, as well as to those who have signed up for updates on Windrush. The onus is on us all to go through the channels we know to publicise the launch of the scheme.

The noble Lord, Lord Kennedy, also asked about the definition of “close family members”. They include a mother, a father, a child, a brother or sister, a wife or husband, a civil partner and unmarried long-term partners living together. All fall within the remit; if someone has been affected by some of the detriment relating to the Windrush generation, in turn their close family members will also have been affected.

I have answered the question about social media. The noble Lord, Lord Paddick, asked me about the events taking place. Oh, the Box got it wrong and I was right: it was the noble Lord, Lord Kennedy. In any event, it is helpful for all of us to know what events are going on and where. I have a list of the various places: Bradford, Birmingham, Bristol, Leicester, Manchester, Swansea, Cardiff, Newport, Belfast, Nottingham, Glasgow and London.

The noble Lord, Lord Paddick, asked about the hostile environment. This has been batted around quite a lot. As my right honourable friend the Home Secretary said earlier, successive Governments do not have clean hands over what has been described as a hostile environment. Unfortunately, it started under Labour and finished under the current Home Secretary. Being in a compliant environment is far more appropriate.

The noble Lord also talked about the “proof of good character” provision. There has always been a good character test for a reason. Clearly, if someone fails it through criminality, that needs to be brought to the fore.

He also talked about the physical document. A lot of discussion has taken place about this issue in terms of the EU settlement scheme. People feel uneasy that they do not have a physical document. In fact, what the Government are bringing forward is the use of a digital token. Such a token cannot be lost like a physical document and it will assist people in whatever area of life they need help with, be that work, rent and so on. The digital token can be checked for that specific purpose, although obviously there is a data protection issue here. I recognise that some people do not like not having something physical in front of them, but of course they will be notified by email or letter that their claim has been processed and has gone through. However, I accept the point being made by the noble Lord. He also asked whether we will support the Lib Dem amendment to the forthcoming immigration Bill. We shall consider it when it comes to your Lordships’ House, and I am sure we will have a great discussion on it.

--- Later in debate ---

[Baroness Williams of Trafford]

That is a very good point. I do not know whether there is a right of appeal. Obviously there are a number of different categories, some of which will be yes or no because it is cut and dried, but others may not be. I will write to the noble Lord on the appeal process.

[Lord Paddick]

Will the Minister give me further clarification on the good character issue? Clearly if somebody is a British citizen or has a permanent right to remain in the UK, which a lot of these Windrush people have, even if they are convicted of a criminal offence, they cannot be deported. Why are the Windrush generation being asked about previous convictions and to prove their good character before they are given written confirmation, if you will, of what is the case: that they are British citizens or that they have the right to remain?