Minors Entering the UK: 1948 to 1971

Lyn Brown Excerpts

Monday 30th April 2018 Westminster Hall

[Steve Double]

My hon. Friend is right. This is a mistake, not a conspiracy, with a well-meaning policy having been wrongly applied to people to whom it should never have been applied. I will go on to develop that point, as I am sure other right hon. and hon. Members will do.

[Lyn Brown (West Ham) (Lab)]

I am staggered by what the hon. Gentleman said about a “well-meaning policy”. How can the creation of a hostile environment, and putting a hostile environment into a policy, be well meaning? It is time for an apology, not thin, sanctimonious explanation.

[Steve Double]

I thank the hon. Lady for that intervention. [Interruption.] If she can wait to hear what I will go on to say, all will become clear. I hope that we can keep the tone of the debate constructive and positive and put right what has gone wrong for the benefit of those who have been affected. Those who want to score political points may feel free to do so, but I will not seek to do that. I will seek to address the concerns of the people who have signed the petition.

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[Simon Hoare (North Dorset) (Con)]

The hon. Member for West Ham (Lyn Brown) said from a sedentary position that my hon. Friend the Member for Aldershot (Leo Docherty) was wrong in how he had intervened.

[Lyn Brown]

It was your policy—2014.

[Ian Austin (in the Chair)]

Order.

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[Lyn Brown (West Ham) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Austin. I thank Patrick Vernon OBE for launching the petition and creating the space we urgently needed to discuss these awful and totally avoidable events. I also pay tribute to my right hon. Friend the Member for Tottenham (Mr Lammy) for his exceptional speech and his tireless advocacy on the issue; my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) for her forensic interrogation and analysis of the former Home Secretary’s actions; and my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott), who has so effectively led on the issue from the Front Bench.

Let me make it clear: this issue is personal to me, because, like many Londoners, I have family who are part of the Windrush generation. Lucy and her husband Cecil came here to help to rebuild Britain. Lucy is a fabulous, dedicated and caring nurse who worked in the NHS for her whole life, and Cecil is a skilled artisan. So, before I start, I will say, “Thank you”, to Lucy and Cecil for all they have done, and to all the Lucys and Cecils who came, worked and served our country—often, sadly, in brutal, racist circumstances.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

My hon. Friend is making a powerful speech about the importance of the Windrush generation to the whole country, our public services and our economy. Will she join me in thanking not only all those who have helped to build our country, but all those who have been so badly and shamefully hit by what has gone wrong in the Home Office, who have nevertheless had the bravery and strength to speak out, including telling their stories to the newspapers and to Amelia Gentleman, who has obviously played such an important role in telling their stories?

[Lyn Brown]

I certainly will, and I thank my right hon. Friend for that intervention.

Cecil and Lucy really believed that they could make this country a home, and that it would be fit for their children and their grandchildren, and they did make it a home for them. They thought that they had secured for themselves and their children a place that was warm and welcoming. However, I assure Members that their family are angry now, because the contract they had with this country has been broken by this careless, callous Government. Their faith in this country has been crushed. They, their children and their grandchildren feel betrayed.

It is not just my family who are angered by that betrayal; many of my constituents, whether they have family among the Windrush generation or not, believe that this Prime Minister’s policies have betrayed a generation of their friends, neighbours and families.

I do not know how many of my constituents have been caught up in the Home Office’s “hostile” immigration strategy, because many people have not made their way to my door yet. However, I urge them to do so, so that I can help them sort this situation out.

One man, who I will call Gem, contacted me early last year. Gem travelled from Jamaica in 1969 and has lived here legally ever since. However, in August last year his housing benefit suddenly stopped, on the basis that he

“had no recourse to public funds.”

That was certainly news to him.

Gem has not kept hold of every official document that has come through his door for the last several decades, so when the Home Office demanded evidence for every single year that he had lived here he was understandably devastated and overwhelmed. I do not think many of us could produce that much evidence on demand; I certainly could not.

Gem was told that he would have to secure a new passport from Jamaica, at great expense and at a time when he was unable to work. The £2,500 fee for naturalisation was well out of the question. He now faces eviction, due to rent arrears, and he tells me that he has to report regularly to the immigration centre, as if he was a criminal. A few days ago, Gem’s daughter called the new hotline, but she is still waiting to be called back. I have contacted the Immigration Minister on Gem’s behalf and I will be happy to give her his details after this debate.

Gem is not the only constituent of mine who has been harmed by this “hostile” environment. Jessica travelled to Britain in 1970 from Dominica. She is 58 now but still remembers an immigration officer stamping her passport with the words, “Indefinite right to remain”. She grew up in this country, and she has worked and paid taxes here for the last 39 years. Last month, however, she was fired from her job with a local charity that supports migrants and refugees, on the basis that she could not prove her right to work in the UK. It is a bitter irony that someone who has worked to help those at risk because of immigration policies has now fallen victim to those policies herself. Jessica said:

“I have always been a positive person, but this is a terrible situation.”

I do not think that anybody could have failed to notice the oft-repeated use by the former Home Secretary, the right hon. Member for Hastings and Rye (Amber Rudd), of the phrase “compliant environment” last week. However, as my hon. Friend the Member for Garston and Halewood (Maria Eagle) said:

“Whether it’s compliance or hostility, it’s still a policy which has led to this debacle”.—[Official Report, 23 April 2018; Vol. 639, c. 633.]

Gem and Jessica will receive absolutely no comfort if I tell them that, although they have lost nearly everything, the Government did not mean to be “hostile”. That is cold comfort, because let us be in no doubt that this scandal is leaving a legacy of fear and anxiety among the communities and individuals that it has betrayed.

Nevertheless, I welcome the Government’s pledges to waive fees for members of the Windrush generation as they apply for documents and rightful naturalisation, and to scrap the requirement for a citizenship test, as well as the free services that they have created for the victims. Those were absolutely the right things to do, but the problem stems from the policy itself. The “hostile environment” has been hardened over time, in the service of an arbitrary target. That is hardly the way to encourage careful evaluation of an individual’s rights.

The canned response that we keep hearing from the Government is that the Windrush generation are different, or an exception. We know the phrase, “the exception proves the rule”, and there are already new cases coming to light of British citizens from other backgrounds who have been caught up by this Government’s approach. So how many exceptions will it take before the rule is changed? Will cases that do not appear to be Windrush related need to make their own headlines before they are recognised? If so, that is not only nonsensical, but cruel.

The right to appeal through an immigration tribunal was scrapped, for most cases, by 2014. When, on top of that, there is no longer recourse to legal aid, the inevitable wrong decisions are so much harder to challenge. I hope that the new Home Secretary will fix this matter urgently, although I do not hold my breath.

“Regret”, no matter how bitter or heartfelt, cannot take the place of a substantial policy change. It is simply not good enough to redress the consequences each time after the fact. Policy change is the only way to prevent this situation from happening again, but even that will not undo the damage that has already been done; that pain will never go away. The petition that we are considering rightly calls on the Government to take into account “loss & hurt”. The “loss” of a job, of benefits, of medical treatment, of pensions, or of citizenship can be measured.

[Emma Reynolds]

Does my hon. Friend hope, as I do, that the compensation scheme will be put in place sooner rather than later, because some people have been detained, some have been deprived of healthcare and some have been deprived of benefits, and they have also all gone through terrible anguish during the time that this scandal has been going on?

[Lyn Brown]

My hon. Friend is, of course, obviously right, because we can—possibly—put a financial value on the financial “loss” incurred by loss of jobs, benefits and so on, but the “hurt”—that is, the loss of faith and the impact of the deep betrayal—is much more complex and much more difficult to assess in monetary terms, so I ask the Minister to ensure that whoever is appointed to run the compensation scheme is encouraged to think long and hard about the lifetime impact of these losses.

The Windrush generation undoubtedly made a huge contribution to rebuilding our country; many of them also fought in the war. They came at the Government’s invitation, stayed at the Government’s invitation and worked year after year after year, because they were needed, so there is a real stench of betrayal about these recent events.

I am lucky—so lucky—that I have an amazing family. I have not only Cecil and Lucy, who have done so much for this country, but their children, including my brother-in-law, Colin, who I love to bits, and his daughter, my niece Aimee, who I love more than life itself.

My family have been lucky not to fall victim to the changed immigration laws, but, make no mistake, we are very angry. We are furious. We need more from the Government. We need mistakes to be rectified quickly, with generous compensation, and we need less dangerous policies coming from the Government. It is now time for the Prime Minister, as the architect of the hostile environment policy, to take responsibility, because it is her policy and her watch, and it is for her to be held to account.

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[The Minister for Immigration (Caroline Nokes)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I thank my hon. Friend the Member for St Austell and Newquay (Steve Double) and all right hon. and hon. Members across the House who have participated in the debate. They have spoken with passion, knowledge and indeed determination.

As we can clearly see, there is significant public interest in today’s debate, and rightly so. I thank members of the public who have attended, as well as all those people—nearly 200,000 of them—who added their name to the petition. The debate was obviously scheduled before the tabling of the urgent question, and I am probably at somewhat of a disadvantage compared with those Members who could be in the main Chamber for at least some of the earlier debate. The message conveyed by the new Secretary of State for the Home Department makes it clear that he is absolutely, personally invested in this issue.

Let us be in no doubt about the debt of gratitude that this country owes to the Windrush generation. As my hon. Friend the Member for St Austell and Newquay described in his opening speech, they were invited to come to the United Kingdom immediately after the second world war and in the decades that followed to help us to build modern Britain.

As I said, the new Home Secretary was on his feet in the main Chamber when this debate began. He has rightly made it his clear priority to address Windrush, building on the work of his predecessor, my right hon. Friend the Member for Hastings and Rye (Amber Rudd), who showed commitment to addressing the issue. It was a pleasure to work with her in the Home Office, and I look forward to supporting the new Home Secretary in continuing that vital work.

I would like to do justice to the comments, questions and individual cases raised by Members this afternoon. All of them are important. Many Members will have noticed that I took copious notes throughout the debate, but I mention first the right hon. Member for Tottenham (Mr Lammy) even though, somewhat shamefacedly, I wrote very little about his contribution. That is because I preferred to listen—to his passion and to his determination to convey to me, Members, the public and the Government how strongly he feels that we must right this wrong. We are determined to do so.

I congratulate my hon. Friend the Member for Cheltenham (Alex Chalk), who is not in his place, on his tone. In fact, I congratulate all hon. Members who have contributed on their tone. There has been real consideration of the issue and real determination to convey the message to me as powerfully as possible. I therefore wish to start by saying that of course I feel shame and of course I am deeply, deeply sorry.

The hon. Member for Mitcham and Morden (Siobhain McDonagh) raised three cases, highlighting real and personal stories, which were similar to the personal stories that I heard over the weekend when I was in Croydon and in Sheffield with caseworkers who are on the frontline, doing their best to help people through the process. I have to say that I was very impressed with the determination of those caseworkers to be sympathetic and understanding, and to talk people through the process as gently as they possibly could while at the same time enabling them to give their stories and to provide a picture of their life in the UK—helping them through a process with which we should have been helping them much earlier.

We cannot fail to be moved and to be ashamed when confronted with the individual stories, but as a result, be determined to get the wrong righted, to sort the cases out and to make sure that the legal status is confirmed. The hon. Member for Mitcham and Morden (Siobhain McDonagh) mentioned three cases; we have done a very rapid trawl of those appointments that are already scheduled and I believe that one of those cases will hopefully be resolved tomorrow.

It is important that we as Members convey to our constituents and to the public at large the fact that this process is designed to be constructive and to help. When I first spoke on this issue, I tried to impress on everyone the fact that we needed to have confidence built in the system, so that people would have the courage to come forward. Undoubtedly, the strongest advocates are the people who have been for their interviews and had their status confirmed, who have been willing to speak to the media to confirm that that has happened.

My hon. Friend the Member for North Dorset (Simon Hoare) spoke of the melting pot of Cardiff; I represent part of the city of Southampton, another area that has a very large port. I was very fortunate last Thursday night to go and meet, albeit in the road that crosses the edge of the constituency, one of my constituents called Don John, who for many decades has been a leader of the Caribbean community in Southampton.

I discussed the issue with him, knowing very well that this weekend, the hon. Member for Bristol West (Thangam Debbonaire) was holding an event in her constituency attended by Home Office officials, in order to give confidence to those from Bristol who might be affected that the Home Office is there to help. I said to Don on Thursday night, “Let’s see how the event in Bristol goes, but what I can do as a local Member is to make sure that people in Southampton have the opportunity to have an event. I will make sure that there are Home Office officials there.” I say that to all Members: where there is a significant community that they think will be affected, let us reach out to communities; let us not be just a reception centre in the various places that we have up and down the country; let’s make a real effort to go to communities and make sure that events take place in places that are comfortable for people.

I am the first to acknowledge that there can be barriers to coming and making contact with the Home Office. Working with my right hon. Friend the new Home Secretary, they are barriers that I am determined to beat down, because they should not be there.

[Lyn Brown]

I am genuinely delighted to hear what the Minister has to say. She is a very competent Minister, but there is an issue of trust. I do not see my communities beating their way to her door, because that trust has been badly damaged.

[Caroline Nokes]

The hon. Lady is absolutely right to talk about trust, which is why I take her comment on the chin. We have a duty to rebuild that trust, and I am determined that we must do so through demonstration and through action, and through an assurance from me and those working on the taskforce that no case will be passed to immigration enforcement. When somebody contacts that helpline, we have absolutely undertaken that none of those details will be passed on to immigration enforcement.

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[Sir Peter Bottomley]

Will the Minister give way?

[Lyn Brown]

rose—

[Catherine West]

rose—

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[Caroline Nokes]

I thank my hon. Friend for making that point, which I have made to officials. I was very concerned that people might be turned away at airline desks. We absolutely must not let that happen. Equally, the Border Force in the UK has to understand that this is a generation of people to whom we owe a duty to get things right from this point forward. We cannot allow this dreadful situation to arise again.

[Lyn Brown]

On the issue of trust, my constituents are concerned that deportations are continuing, despite our debating the issue and despite reassurances from the Minister, the Home Secretary and the Prime Minister. One of my constituents, Zita, contacted me to ask about flight PVT070, which she tells me is about to go to Jamaica with people on board who are being deported.

[Caroline Nokes]

indicated dissent.

[Lyn Brown]

I would be grateful if the Minister put that shake of the head into words and on the record.

[Caroline Nokes]

It is absolutely not. We are looking very closely at all our enforcement practices to make sure that nobody can be impacted in this way, and that is crucial.