Windrush

Lord Woolley of Woodford Excerpts

Thursday 29th February 2024 Lords Chamber

[Lord Woolley of Woodford (CB)]

My Lords, I also pay tribute to my dear noble friend Lady Benjamin. She is right to say that this scandal should not define the Windrush generation, but she is equally right to say that we must address it and effectively deal with it.

As has been said by many, the treatment of the Windrush generation is one of the country’s greatest contemporary scandals. Six years ago, almost to the day, the nation began to wake to the reality of a hostile immigration environment that had been in place for decades. Only then, six years ago, were the trauma, heartache and pain laid fully bare, thanks in no small measure to the dogged determination of those such as Amelia Gentleman, Patrick Vernon, Lee Jasper and many others. As a matter of fact, back in 2019 I joined Lee Jasper and other campaigners in a march on Westminster demanding justice.

It is worth reminding ourselves of how this scandal affected tens of thousands, if not hundreds of thousands, of innocent people’s lives, some directly and many others indirectly. More than 160 individuals were deported or detained. For example, grandparents who had lived here for more than half their lives were deported to countries they had not visited since early childhood. Some went on holiday to visit families and were not allowed back into the country. Many were financially ruined or sacked, found themselves destitute and were blacklisted—I hate that term—from jobs, unable to open bank accounts and denied life-saving medical treatment. These British citizens were demeaned and hounded by the state—the state that this most loyal of British generations called the mother country.

Think about this for a second. Can you ever ask for a greater loyalty than from a generation whose ancestors were enslaved and then colonised by the UK but who nevertheless fought in two world wars to ensure the freedom of that nation and then, after the war, accepted the pleas of politicians such as Enoch Powell—there is an irony there—to come and rebuild a post-war broken Britain? These remarkable citizens, with the purest of hearts, rightly or wrongly referred to this nation as the mother country.

It is this generation, my mother’s cohort, who the King of England and much of the Commonwealth described as pioneers. He went on to say, as part of the Windrush 75th anniversary celebrations:

“History is, thankfully and finally, beginning to accord a rightful place to those men and women of the Windrush generation … It is, I believe, crucially important that we should truly see and hear these pioneers who stepped off the Empire Windrush at Tilbury in June 1948—only a few months before I was born—and those who followed over the decades, to recognise and celebrate the immeasurable difference that they, their children and their grandchildren have made to this country”.


For the record, the King held two wonderful events to celebrate the 75th anniversary: one at Buckingham Palace, which I and my noble friend attended, and another at Windsor Castle. In sharp contrast, I am not aware of any celebratory events that No. 10 or the Home Office held for the 75th anniversary celebrations, but I am very much aware that this Government and subsequent Governments have treated this generation with utter contempt.

Around the week of the Windrush 75th anniversary celebrations, for example, the Home Secretary, Suella Braverman—not one for much empathy towards people of African descent, Muslims, and those who crossing the channel—did little or nothing beyond announcing the abandonment of three of Wendy Williams’ key Windrush recommendations.

They are worth noting again. Recommendation 3 is that the Home Office should

“run a programme of reconciliation events with members of the Windrush generation … Recommendation 9 … introduce a Migrants’ Commissioner responsible for speaking up for migrants and those affected by the system directly or indirectly … Recommendation 10 … Review the remit and role of the Independent Chief Inspector of Borders and Immigration, to include consideration of giving the ICIBI more powers with regard to publishing reports”.

Since those six years, what has changed? What has been achieved? Well, according to Age Concern and the Immigration Law Practitioners’ Association, not enough. Simple facts: about 15,000 undocumented people have been given paperwork by the Home Office since the scandal, proving that they have, and always had, the right to live here. Officials initially expected that a similar number might claim for compensation, and anticipated paying out somewhere upwards of £200 million. Some progress has been made—so far, the scheme has paid out £75 million to 2,000 claims—but the scheme remains slow and bafflingly complex, and demanding of sophisticated legal advice.

Navigating this process is difficult for any legal advisers, so how can someone stripped of their dignity, and not working, even begin to navigate this complexity? The victims of the Windrush scandal are not offered legal aid and, as such, this House should note and recognise, with great shame, that people are literally dying while waiting for justice. To date, 53 individuals have died waiting.

Have the Government and the Home Office learned anything from this very brutal abuse of power scandal—one which, as has been said, has similarities with the Post Office scandal? It appears not.

According to the indomitable Amelia Gentleman, the Home Office team that was tasked with transforming the department after the Windrush scandal has been formally disbanded. Three teams with the directorate were working on post-Windrush issues: one on ethics—think about that for a second—another on training and monitoring progress on reform commitments and a third on engagement, who were told, “Your work is over”.

After many years of deep suffering, how do we properly right this wrong to a generation that deserves better? Step one—urgently—take this away from the Home Office. It has proven incapable and/or unwilling to effectively deal with this. For me, it is a little bit like an unrepentant burglar being asked to give back the booty they have stolen from victims: it ain’t happening. Step two—give free legal aid and fast-track compensation, with clear published targets. Step three—lower the burden of proof for claims and compensate fully for losses and impact on life. Step four—reimplement those teams that were engaged with the work on ethics. Might I suggest that, right across government, a standing item with every prospective policy legislation should have this? Step five—full implementation of Wendy Williams’ review, with a turbocharged team to deliver.

Finally, I would like to see, and my friends visiting today would like to see, a gathering of all those Prime Ministers still alive and with us from the 1970s to come here, collectively, and sincerely apologise. They include John Major, Tony Blair, Gordon Brown, David Cameron, Theresa May, Boris Johnson, Liz Truss and Rishi Sunak. We need a collective, heartfelt apology for the damage caused, before it is too late.

Nationality and Borders Bill

Lord Woolley of Woodford Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Woolley of Woodford (CB)]

My Lords, this feels a little like being back at school; with a name like Woolley, I am always near the end of the list.

I will focus my remarks on Clause 9 of this piece of legislation, but before that I want to take a minute of my time to reflect on my first two years here, and particularly the last year when I sat on the Youth Unemployment Select Committee, headed by the very able noble Lord, Lord John Shipley. Being on that committee reminded me why this place is so very special. Big political beasts and characters such as the noble Lord, Lord Ken Baker, the noble and learned Lord, Lord Ken Clarke, the noble Baroness, Lady Newlove, my noble friend Lady Coussins and others all sought to leave their tribal politics at the door to find common ground on very difficult challenges, in this case youth unemployment. What came out was an excellent report, with real, concrete solutions for white working-class youths and black, Asian and minority-ethnic youths—solutions that would help businesses; good politics that gave hope and showed decency and leadership. Today, tomorrow and beyond, this House must show hope, decency and, above all, leadership.

For the avoidance of doubt, Clause 9 does not render me and others like me second-class citizens. As the noble Lord, Lord Moylan, suggested, that was done by successive Governments from both sides of the House who deemed that, because my mother was born in what is now the republic of Barbados, I could be stripped of my citizenship, even though I was born here. Clause 9 in effect makes me a third-class citizen by, if deemed necessary, taking away my right to appeal against being stripped of citizenship.

Some of your Lordships may be saying, “Come on, Lord Woolley, that can’t happen to good British citizens”. Really? Tell that to the Windrush victims who also had precarious citizenship, to the families of Windrush victims who died waiting for justice, such as Sarah O’Connor and Richard Stewart, and to the thousands who are still waiting after so many promises of compensation. Precarious tiered British citizenship, compounded by certain political winds of poisonous change, makes a perfect storm for very bad things to occur.

All this is at a time when trust in the Government, particularly from black, Asian and minority-ethnic communities, is extremely low. Worse still, some politicians keep telling us that British citizenship is a privilege and some commentators say that people like me should kowtow and be extremely grateful. They are wrong. To be clear, I am proud—very proud—to be a British citizen, but British citizenship is not a privilege; it is an honour. Complicit in that honour should be a gold-standard citizenship, not a second-class one as mine is, and definitely not a third-class one, as Clause 9 would have. We all need a first-class British citizenship for every British citizen that is not precarious—one that gives us true hope, a greater sense of belonging and an equal footing for everyone.

Today and going forward, we must hold this line. To Clause 9 we say thanks, but no thanks. When the time comes, drop the tribal politics and vote for decency. Vote for something we can be proud of.

Immigration: Skilled Migrants from Commonwealth Countries

Lord Woolley of Woodford Excerpts

Monday 19th April 2021 Lords Chamber

Asked by

[Lord Woolley of Woodford]

To ask Her Majesty’s Government what assessment they have made of reports that highly skilled migrants from Commonwealth countries who have lived in the United Kingdom for 10 or more years have been refused indefinite leave to remain.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, we do not believe that highly skilled migrants who came to the UK using the tier 1 general visa route have been incorrectly refused indefinite leave to remain. There have been many cases of applicants appearing to deliberately misrepresent their earnings to qualify for leave to remain. We are giving applicants opportunities to respond to these concerns, and each case is being considered on its merits.

[Lord Woolley of Woodford (CB) [V]]

My Lords, my understanding of the Home Office data, supported by the Migrants’ Rights Network, shows that all highly skilled migrants who have been refused indefinite leave to remain are non-white and from six Commonwealth countries in south Asia and Africa. Given that the Institute for Fiscal Studies showed that 60% of all online self-assessment tax returns have discrepancies—the main reason for their refusal—can the Minister explain this worrying racial disparity, particularly coming after the Windrush review?

[Baroness Williams of Trafford (Con)]

My Lords, I absolutely refute that this has anything to do with the Windrush generation. The noble Lord points out that a large proportion of the refusals were given to non-white people; the countries represented have populations that would normally be non-white—that is the link there. People falsified earnings: quite often, amendments were made to tax returns over three years after the original returns and often less than six months before making the ILR application.

Stop and Search

Lord Woolley of Woodford Excerpts

Wednesday 3rd March 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

I totally agree with my noble friend because good training and, as he said, diversity, with enforcers, should really improve the performance in this area. Training is crucial because, unless these officers are trained, they will not be equipped to deal with these issues.

[Lord Woolley of Woodford (CB) [V]]

My Lords, this is an honest and fair report. I declare my interest as a board member for Police Now, which seeks to recruit graduate police officers, particularly from black, Asian and minority ethnic communities. Our job is made that much worse when we see the levels of stop and search for black youths at nine times higher than for their white peers. When 95% of the nation was in lockdown, stop and search for black youths went up 25%, and they were often humiliated as well as being stopped and searched. It was not for knives, in general; 70% of it was for drugs. Often the smell of marijuana—

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

Could the noble Lord please ask a question?

[Lord Woolley of Woodford (CB) [V]]

Does the Minister agree with me that this disproportionality, which alienates so many youths and puts off so many of them from joining the police, must change? We must police by consent.

[Baroness Williams of Trafford (Con)]

I agree that we must police by consent. I also agree that someone should never be stopped on the basis of their race, and that the use of stop and search must be both reasonable and proportionate.

Domestic Abuse Bill

Lord Woolley of Woodford Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

The Bill has raised real hope that it will lead to a transformation both in how as a nation we regard and deal with domestic abuse in all its forms and in the determination we show in seeking to stamp it out and provide full support for all victims of domestic abuse. Significantly reducing domestic abuse in all its forms, providing full support for those affected and changing attitudes and culture will lead to significant societal and financial benefits which should not be underestimated. However, achieving that goal cannot be done on the cheap, and the required provision of specialist refuge services is one key area where the resources must be provided if the Bill is to lead to the transformation that we all want to see delivered. I beg to move.

[Lord Woolley of Woodford (CB) [V]]

My Lords, I shall speak in support of Amendments 89, 93, 102, 106, 107 and 108. It is a great pleasure to follow the noble Lord, Lord Rosser. I hope that I will not duplicate much of what he has said, but, clearly, we are on the same page.

The amendments would strengthen the statutory duty on local authorities to fund support and safe accommodation for survivors of domestic abuse. The desperate need to improve the funding system for life-saving measures for women refugees cannot be overstated. Every fortnight in England and Wales, three women are killed by a partner or ex-partner, yet in England there is currently a 30% shortfall in relation to the number of refugee bed spaces required by the Istanbul convention.

Fifty-seven per cent of referrals to refugee services were rejected between 2009 and 2020. Nearly one in five of all referrals received were rejected because the refugee centres had no space or capacity to support the women and their children. One-third of specialist refugee services for black, Asian and minority-ethnic women have been decommissioned since 2010, resulting in a 50% reduction in bed space capacity.

Secure funding for refugee services remains a critical priority, and this legal duty could be an important step forward in delivering that, but will it change the funding and commissioning crisis that these refugees currently face? There are serious concerns from the Women’s Aid Federation of England and Imkaan that it will not. Those organisations represent providers of refugee services who deliver far more than a roof over a survivor’s head; they provide holistic, specialist support, including that relating to physical and mental health, immigration status, children’s welfare, education, financial needs, and criminal and family justice, to meet the needs of survivors in a safe and secure environment.

The Istanbul convention makes it clear that such specialist services are best delivered by women’s organisations—by expert staff who have in-depth knowledge of violence against women and girls. They are specialist refugee centres, led by and for black, Asian and minority-ethnic women, and represented by Imkaan. These centres of excellence provide support and safety not only from violence and abuse but from racism, immigration control and other forms of oppression which remain structural and systemic in society.

However, as has been mentioned, those services face systemic inequalities in the current funding landscape. Competitive tendering is now commonplace for accessing local authority funds for refugee services. I know that it has been referred to but it is worth mentioning again that these competitive processes are toxic for specialist refugee services, as they favour large organisations over small. Specialist women’s services for refugees are expert in meeting survivors’ needs but are forced to compete against generic housing providers and housing associations, which do not have the expertise to support survivors but can deliver services at a lower cost. Indeed, they might have entire bid-writing teams who can easily undercut specialist women’s services for refugee contracts.

Domestic Abuse Bill

Lord Woolley of Woodford Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Lord Woolley of Woodford (CB) [V]]

My Lords, I start by congratulating the Government on the progress that has been made with this Bill. I am honoured to follow my friend, the noble Lord, Lord Bourne, in the debate. I also want to state my support for the amendment proposed by the noble Baroness, Lady Newlove, which would introduce a specific offence of non-fatal strangulation and suffocation. I will come back to that amendment and its merits later.

First, I want to pay tribute to the strength of victims and survivors of domestic abuse in dealing with such adversity. I thank all the civil society groups and organisations that provide support for such victims. We should all be thankful for and grateful to the people providing this support, especially during the current Covid health crisis.

I thank my friend, the noble Baroness, Lady Newlove, for her work. I want to repeat a passage from her speech that sums up the importance of this Bill and the amendment that she intends to table. She said:

“We must remember that these are not just statistics; in each case, it is a daughter or maybe a sister or mother who has been killed. Whether it is a Helen, an Aisha or a Zoe, it is someone whose violent end haunts their family and friends for ever.”


I want to speak about a worrying omission in the Bill, which some noble Lords have already mentioned. The Domestic Abuse Bill seeks to leave no woman behind. That is laudable but, unless the Government listen to and engage with groups such as the Southall Black Sisters, it will leave some women behind. At worst, it will leave behind some of the most vulnerable women in the country. The women I am talking about are migrant women, who, as we all know, are least likely to call for help for a variety of obvious reasons, including the lack of recourse to public funds. In effect, these vulnerable women remain trapped in domestic abuse, unable to avail themselves of any protection contained in this Bill. I implore the Minister to engage in a meaningful discussion with Southall Black Sisters and other groups that are working on this issue as a matter of urgency. I hope that the Government will engage with us on this issue to ensure that all women are protected and covered by this important, much-needed Bill. I remind and plead with the Government that it is not too late.

On the amendment proposed by the noble Baroness, Lady Newlove, I join noble Lords in strongly supporting the need to create a new offence of non-fatal strangulation and suffocation. We need to listen to domestic abuse support workers up and down the country who, day after day, help victims who have had to endure this life-threatening, terrifying ordeal at home by a person they once loved. Strangulation leaves few, if any, marks—much fewer if you are black—yet the psychological marks that we do not readily see can be profound for victims. When a victim loses consciousness, which happens quickly after 10 or 15 seconds, the lack of oxygen to the brain can result in neurological problems such as memory loss and an increased risk of miscarriage and stroke.

It should concern us all that non-fatal strangulation so often goes unreported. A recent informal survey of domestic abuse survivors suggested that 60% of non-fatal strangulations are not reported to the police. Introducing a specific offence would highlight this issue and encourage more victims to come forward and get the help that they need. That is why I support the amendment proposed by the noble Baroness, Lady Newlove.

Scheduled Mass Deportation: Jamaica

Lord Woolley of Woodford Excerpts

Tuesday 1st December 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

In answer to the question on immigration, the noble Lord is absolutely right about the high rate of appeal success. Quite often, people bring successful last-minute claims; we are trying to get those figures down. This Urgent Question is, however, about the deportation of some pretty serious criminals. On the noble Lord’s other question, people who face deportation have legal advice whenever they need it and arrangements are made for them when they arrive back in their countries of origin.

[Lord Woolley of Woodford (CB) [V]]

My Lords, can the Minister assure me that on this flight to Jamaica tomorrow there are no individuals who were brought to this country as children, and nobody with a non-serious, non-violent offence?

[Baroness Williams of Trafford (Con)]

The noble Lord will understand that I cannot talk about individuals, but I assure him that everybody on that flight has served a sentence of 12 months or more, some for very serious crimes indeed.

Migrant Women: Domestic Abuse

Lord Woolley of Woodford Excerpts

Monday 23rd November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I agree with my noble friend that accessibility to online services is crucial, and in fact we announced funding to help with online services during the Covid period. I wholeheartedly support her point about people who have very little English. I have met women in such situations who not only cannot speak English but have had their passports taken away from them. That leaves them in the most vulnerable situation imaginable, as they are not even able to explain what has happened to them.

[Lord Woolley of Woodford (CB) [V]]

The Joint Council for the Welfare of Immigrants argued, even before the Covid pandemic, that having no recourse to public funds had pushed families into abject poverty, unsustainable debt and homelessness. Covid has exacerbated this problem, particularly with regard to the rise of domestic violence suffered by migrant women. As a matter of urgency and decency, can we massively widen the exceptions to “no recourse to public funds” or, at best during this difficult time, abandon it?

[Baroness Williams of Trafford (Con)]

As a matter of course during the Covid pandemic, if someone is a victim of domestic violence, they are effectively supported as such first and foremost, before any other considerations are taken into account. Certainly, “no recourse to public funds” change of conditions grants have been 89% successful. I do not take away from what the noble Lord says at all, because he is asking whether we can help these people as victims of domestic violence first and foremost.

Windrush Compensation Scheme

Lord Woolley of Woodford Excerpts

Monday 23rd November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

I do not think it essential that there is every protected characteristic on the EHRC. However, I take the right reverend Prelate’s point that—certainly in the current climate—BAME representation or indeed black representation might be a really good asset to the EHRC. I am sure he is correct, but I will check out the veracity of that and get back to him.

[Lord Woolley of Woodford (CB) [V]]

My Lords, this is particularly personal to me. My mother was part of the Windrush generation and gave the best part of her life, more than 50 years, to working for the NHS. The most senior black civil servant working on the Windrush compensation scheme resigned, citing racism and stating that there was a complete lack of humanity in dealing with applicants. Equally strong was Wendy Williams’ Windrush review, which highlighted that people were not coming forward because the burden of proof for their legal status was far too high. Given that trust in the system is at an all-time low, particularly among black people, and that things are still going catastrophically wrong, does the Minister agree that we should pause deportation flights such as the one to Jamaica scheduled for 2 December?

[Baroness Williams of Trafford (Con)]

On the last point, I understand that none of the people scheduled for deportation is Windrush, and actually there are some very serious criminals due to go on that flight. That said, as I said earlier to the noble Lord, Lord Dholakia, the fact that the most senior black civil servant made those claims is not something that I can stand here and be defensive about. We need to listen very carefully to what people are saying as opposed to dismissing it—although I am not saying that it is being dismissed at all. The scheme was designed with some of the claimants in mind, but it is something for us as the Home Office to reflect on in the weeks and months ahead.

County Lines Drug Trafficking

Lord Woolley of Woodford Excerpts

Thursday 19th March 2020 Lords Chamber

[Baroness Williams of Trafford]

I certainly take the noble Baroness’s comments on board. The Government constantly review legislation to ensure that it is working effectively, but I shall certainly look into the point that she makes. We of course want the legislation to work in the best and most effective way.

[Lord Woolley of Woodford (CB)]

Does the Minister agree that many of those caught up in county lines drug trafficking are extremely vulnerable children and teenagers, and furthermore, that our response should and must be cross-governmental? We need to have a grown-up conversation about drugs policy. The present policy—often described as a “war on drugs”—seems only to embolden gangs and cause misery in many communities. At the other end of this joined-up thinking, particularly to stop the disproportionality of black children being excluded from schools, must be an unprecedented recruitment drive of black male teachers.

[Baroness Williams of Trafford]

I most certainly agree with the noble Lord about this whole thing being driven by the drugs markets. The types of people who are most predominantly targeted and engaged in this are indeed vulnerable teenagers, and in fact younger. I totally agree that a multiagency approach is entirely needed, which is what the National County Lines Coordination Centre aims to do. It is a multiagency team of experts from the NCA, the police and regional crime units. I also take his point about the stopping of black people. People should be stopped on an intelligence- led basis, not because of the colour of their skin.