Windrush

Lyn Brown Excerpts

Wednesday 2nd May 2018 Commons Chamber

[Joanna Cherry]

I wholly agree with my hon. Friend. There are many people in the United Kingdom at the moment who make a great contribution to our society, but who are being made to feel very unwelcome at best and are being deported at worst, simply because they cannot evidence their right to be here.

These people have come to light as a result of another policy of the Prime Minister’s—the hostile environment policy, which is a racist policy. I say that quite clearly: it is racist. When people of a certain ethnic background, or with a name that does not look British, apply for a tenancy or a job, that is when they come to light, and that is when suspicion falls upon them. It is absolutely disgraceful. That is why, at Prime Minister’s questions this morning, despite the howls of derision from Conservative Members, I asked the Prime Minister to apologise for the policies that have caused this. I am still waiting for that apology, and I will be asking for it constantly. Policy has caused this problem, not mistakes—not mistakes by officials and not even mistakes by politicians. It is the direct imposition of policy that has caused this problem.

[Lyn Brown (West Ham) (Lab)]

Does the hon. and learned Lady not agree that the Home Secretary must look at the issue of bonuses, because they create a culture? The buck stops at his door.

[Joanna Cherry]

It is absolutely astonishing that people should be given bonuses for the number of people they can boot out of the country. It is disgusting. What has the United Kingdom come to? I may be a Scottish nationalist, but I also consider myself British, and there are many aspects of the UK—[Interruption.] Yes, I am. Actually, I am half Irish as well—thank God, because I am getting an Irish passport. I am not one of those people who says the UK has never done anything good, but by God is this a smear on the UK’s reputation across the world.

Two weeks ago, the Prime Minister would not even speak to the heads of delegations from the Commonwealth about this issue; she thought she could get it swept under the carpet. Then she thought she could use the right hon. Member for Hastings and Rye as her human shield. That did not work either. She thought she could come to the House this morning and get off the hook. Well, she is not off the hook. She needs to answer for the policies that have caused this problem.

We are hearing a lot today about how the Windrush generation will be sorted out. The previous Home Secretary gave us an undertaking that there would not be any more enforcement action against the Windrush generation. However, my question to the Home Secretary is this: if he cannot get the Windrush generation, which vulnerable group is he going to go after next to meet his targets?

--- Later in debate ---

[Anna Soubry]

Absolutely, and it is imperative that we remember that, with very few, if any, exceptions, civil servants are some of the most outstanding workers in our country. It is too easy to slag them off but we should remember not only their quality, but the fact that often they cannot speak out and defend themselves. Therefore, I agree with my right hon. Friend the Member for Putney (Justine Greening) that the Opposition motion really is not good enough. It is about process and procedure and it does not see people. That is what I want to address my comments to.

The right hon. Member for Normanton, Pontefract and Castleford was absolutely right when she said that the Windrush scandal has brought great shame on our nation, but some good has come out of this terrible episode in our country’s history. People are now at last seeing immigrants as people—as people just like them. They are neighbours. They are people who have come to our country to work and to do the right things. They have often worked in the most outstandingly contributing jobs in our economy and society. They are just like everybody else. They are not numbers; they are real human beings. I think we are already beginning to see a change in some of the opinion polls: thankfully, immigration is now going down the list of priorities as people realise that it is not some corrosive problem, but actually a wonderful, beneficial thing that has occurred in our country for centuries.

The Opposition should have used this opportunity today to talk about the positive benefits that immigration has brought to our country over centuries. Opinion is shifting. My right hon. Friend the Member for West Dorset (Sir Oliver Letwin) was on the television and radio the other night saying very openly and bluntly that for too long in my party we have not talked about the positive benefits of immigration. I will go further and say that that has occurred in both our main parties: for too long we have shovelled this away and not talked about it, or we have kowtowed to people when we should not have done and we should have stood up for immigration and all the huge benefits it conveys.

I want to say to hon. Members in the Labour party and in the SNP—I have a lot of time for the hon. and learned Member for Edinburgh South West (Joanna Cherry)—something about the level of offence. I apologise for being cross and angry sitting on these Back Benches, but I do get cross and I do get angry at some of the comments and slurs that have been made. The idea that there are people on these Benches who have done the wrong thing and said the wrong thing—of course there will always be people who do not always get the right argument, but it is wrong to cast that aspersion. The hon. Member for North West Durham (Laura Pidcock) shakes her head, but she should tread very carefully. I am old enough to remember as a Conservative being a proud member of the Anti-Nazi League, going on the streets—[Interruption.] She can listen for once. I remember going on the streets of Birmingham and standing shoulder to shoulder—

[Lyn Brown]

Will the right hon. Lady give way?

[Anna Soubry]

In a moment; I always give way to the hon. Lady.

I remember standing proudly with members of all political parties, every shade of Trotskyist, communist, broad left, far left, liberals and other Tories. The huge change that has happened in our society is that members of the hard left who shout from sedentary positions have forgotten all that and engage at the level of tribalism on issues that should unite us. That does them and our country a great disservice.

[Lyn Brown]

rose—

[Anna Soubry]

And now I will take the extra minute.

[Lyn Brown]

I want to bring the right hon. Lady back to today’s debate and read to her from a message that the Joint Council for the Welfare of Immigrants has placed in my inbox:

“Nothing that the government has announced today in parliament will address the root causes of the Windrush scandal—namely the ‘hostile environment’ policy. Hostility is still very much in play, the government still plans to roll Right to Rent out further to Scotland, Wales and Northern Ireland”.

I really do respect the right hon. Lady, but may I suggest to her that she should understand why we are pressing for a vote tonight and join us in the Lobby to tell her Government how she truly feels?

[Anna Soubry]

I thank the hon. Lady, but that is not what this motion addresses. It is a bureaucratic, procedural thing. If it had espoused her very good arguments, I would not have any trouble with it, because I want to see change and I absolutely agree with her.

I have been saying to the House for I do not know how long since the Windrush scandal broke that the problem runs deep into the policy. The right hon. Member for Normanton, Pontefract and Castleford, who chairs the Select Committee, made the point that the policy basically sees everybody as an illegal immigrant. The default position is that people have to prove they are here legally. This shift in responsibility—this shift in the onus of proof—is anti-British and fundamentally wrong. I said the other day that we should perhaps go back to a system in which the state had to prove that a person had no right to be here. There might be an in-between way, but it cannot be right to have a system in which someone has to prove that they are who they say they are, when they have been here for decades and have a right to be here. That burden of proof must fall on the state. We are certainly seeing a shift in attitude, and I agree that we now need to see a shift in policy.

I am grateful that, just like his predecessor, the Home Secretary has assured us that the Home Office will from now on see people as people, it will not treat them as numbers and it will not see immigration as a problem. I have mentioned the need to shift the onus of proof. I have been saying for a long time that there is a problem, with too many officials having a default position of simply saying no. That has to change. If we are to have a fair and right system of immigration, we need to ensure that discretion and common sense run through the whole culture, from the top right down to the very bottom of the Home Office, in all its work. Also, if I may respectfully suggest this, we need to look at some of the solicitors who deal with immigration cases. I have my own concerns about the level of competence of some of those solicitors, and about the advice they give and the fees they charge.

We should scrap the ambition of reducing immigration to the tens of thousands. Actually, the market controls immigration. People come here to work, and if we do not have the jobs available, they will not come. We need to take students out of the targets—that has been ridiculous—and we need an immigration policy that meets the needs of British business as we leave the European Union. I want an assurance, please, that the Home Office has the people and the resources to ensure that the Windrush scandal does not extend to anyone else, and especially not to European Union citizens.

--- Later in debate ---

[Lyn Brown (West Ham) (Lab)]

I want to talk about trust and how it has been violated, and I want to start with the cases of my constituents Gem and Jessica, both of which I raised in Monday’s debate in Westminster Hall.

Gem arrived here from Jamaica, Jessica from Dominica. Both have worked here, paying taxes and raising families, for nearly 50 years, and both have fallen victim to the Government’s hostile environment. Jessica has served our community in West Ham, working for a charity helping refugees and migrants, so what an irony that in March she was fired from that job because she could not prove her right to work. The lesson of the Windrush scandal is that the hostile environment strategy is, in and of itself, a breach of trust. The betrayal of people like Gem and Jessica will not end until that strategy changes.

The hostile environment violates the rightful, reasonable, normal expectations that the people of Britain share. We expect not to be treated with suspicion, like criminals, without very good reason. We expect not to be threatened with destitution, or to be divided from our families or communities, without very good reason. We expect that our voices and our contributions to our country will not be dismissed by our Government without extremely good reason. But those expectations were violated for our British Windrush citizens—their trust was violated. These citizens were stopped at the GP reception, the police station, the bank counter, the workplace, the jobcentre—all those places became hostile environments for Jessica, Gem and many others.

Papers are demanded—papers that many do not have—and when Windrush citizens cannot produce these papers, they are plunged into a nightmare of hostile demands and constant suspicion, and behind it all is the threat of deportation and the destruction of their lives, with jobs, housing and healthcare yanked away. We all know the consequences: homelessness, detention, depression, mental illness, suicide and bereavement. People like Jessica and Gem have been denied the decent, dignified, fair treatment that all of us have a right to expect. They have been treated like criminals without reason and denied redress without reason. Legal aid, tribunals, access to justice—all cut. Their trust in their country has been breached and cannot easily be restored.

There is massive anxiety in my community about immigration removal flights that may have British Windrush citizens on board. In particular, I am told of flight PVT070. I have asked about this in recent days, as have my colleagues, but despite ministerial assurances, anxieties remain. Can Ministers at the Home Office imagine just how badly they will have further betrayed the trust of generations if they fail to get a grip on this and British citizens are again deported?

Let me finish by echoing what my right hon. Friend the Member for Tottenham (Mr Lammy) said. The Windrush generation are British. They have always been British. Recognising their rights is justice. It is not generosity. I am tired of hearing that “they” came here to help “us”. In the community in which I grew up, there is no “us” of which Gem and Jessica are not a part. The Windrush generation did not come to help “us”; they are “us”. In serving our country all their lives, they have helped to build the communities that we share.

On Monday, in Westminster Hall, I spoke about how personal this is—and it is. Lucy and Cecil are my brother-in-law’s parents. They are good people. They are Windrush people. Lucy served for decades as an NHS nurse. They and their family, including me, are furious about the way in which the Government have treated British citizens. Sometimes when we are in this place talking about personal stuff, we struggle to find the right words and the right tone, but I hope that I have done them justice today.

[Several hon. Members rose—]

--- Later in debate ---

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

I congratulate my right hon. Friend the Member for Tottenham (Mr Lammy), who is no longer in his place, on bringing this matter to the Government’s attention and my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) on her dogged determination in pursuing the issue.

I want to take issue with some of the comments made in this debate. The hon. Member for Corby (Tom Pursglove), who is no longer in his place, spoke about the matter as though it were just a small administrative error, but my hon. Friend the Member for Birmingham, Ladywood (Shabana Mahmood) summed up the ignominy that many of my constituents have faced because they have a west African name or a strong accent. They come to see me for things that they should not have to see me about—not just immigration issues but, yes, those as well. I, too, have a heavy immigration workload, and I have some advice for the Minister, because another thing that has been said in this debate is, “Why aren’t we looking at the Labour years?” Well, I was the Immigration Minister in the last three years of the Labour Government, so perhaps I can help to bridge that gap.

Let me be candid: the Home Office has long had administrative problems on immigration. One of the issues that the Minister and her boss the new Home Secretary will face is that, to deal with the problem, we need proper investment in the right quality and numbers of people to be able to turn casework around in the necessary time, so that people are not dribbling through the system for a decade or bouncing backwards and forwards with decisions that require legal challenge. However, even with the current desire to tackle the issue, I bet that it will be a big challenge to secure the necessary money from the Treasury to deliver that.

[Lyn Brown]

I agree with my hon. Friend. I also have massive amounts of immigration casework, and I really have not benefited from the staff with whom I have been beginning to get a relationship, and who really understand the cases, being changed willy-nilly by the Home Office. We could do with some stability.

[Meg Hillier]

Tackling that is a huge challenge for the Department, and I agree with my hon. Friend. This was not just an administrative error. Dealing with the administration of immigration with never enough resources has been a challenge for the Home Office for years.

The hostile environment has bitten hard in my constituency. Discretionary leave to remain was reduced from five years to three years, meaning that people had to apply twice before they could get citizenship, and is now reduced to two years, meaning that people have to apply three times. The fee is £800 a time—it keeps going up; I lose track—before they pay over £1,000 for British citizenship. The costs are bankrupting my constituents who are working hard in this country, paying their taxes and paying their dues. They are being treated like second-class citizens. They are not yet citizens, but they aspire to be and they are doing everything right.

Turning to the people who are citizens, the Government have in effect declared an amnesty for those people from the Commonwealth who arrived here between 1973 and 1988, and I have another word of advice for the Minister. In declaring an amnesty—officials will be quavering at my use of that word, because they hate it in the Home Office—will she be clear, as other hon. Members have asked, about whether it applies to all members of the Commonwealth? Will it cover my west African constituents who are in exactly the same position? If I only I had the time, I would tell her about some of the horrific cases. One man is homeless, and another is about to lose his home because it belongs to his partner. They are frightened about ringing the Home Office helpline in case it causes them problems.

Those people are from the Caribbean, but I also have Commonwealth citizens who are in the same position. They are originally from Africa, but they are British, and yet they do not have the paperwork to prove it. The little paper Immigration and Nationality Directorate letters that people come to our surgeries clutching have been enough to get them a job and their entitlements, but their employers have suddenly said, “But you need a biometric residence permit.” Why did the Home Office—this happened strictly under this Government when they changed the rules—not write to everybody on the immigration lists and say, “You now need this new document in order to hold your job and keep your rights”? Had it done so, those people who are not yet citizens—those who have not chosen to go down the citizenship route, but have indefinite leave to remain—would have been in a better position.

The issue goes wider than just the Windrush generation, and let us hope that there is not just a quick fix for them, but a much wider review of the system. Let us not forget that this Government chose to abolish identity cards, which were being rolled out on my watch in the Home Office. They would have made a big difference to many of my constituents who very much wanted to prove that they had the same rights as other citizens.

I have little time to cover compensation and legal aid, but good-quality legal advice saves time and money for everybody in the long run, and justice is denied if justice cannot be accessed because someone cannot afford it. I am afraid to say that we have a real dearth of good-quality legal advice with legal aid—it is a desert in some areas—and many lawyers are charging high fees for, frankly, poor service. The Minister needs to take that into account, or we will see further such problems along the way.