Windrush Review

Marsha De Cordova Excerpts

Wednesday 29th June 2022 Westminster Hall

[Marsha De Cordova (Battersea) (Lab)]

I congratulate my hon. Friend the Member for Edmonton (Kate Osamor) on securing this important and timely debate. Just last week, we celebrated Windrush Day: it is 74 years since the Empire Windrush arrived at Tilbury docks. I had the wonderful opportunity of celebrating with my constituents, including many of those from the Windrush generation, at the Balham & Tooting Sports & Social Club.

The Windrush generation—including my grandparents, who travelled from Jamaica—were invited here to help to rebuild this country after the second world war and to work in the newly formed national health service. The Windrush generation were British citizens when they arrived here. Their contributions to rebuilding our country and its infrastructure have been invaluable. That is why the treatment they have received from successive Governments—not least in respect of the Windrush scandal—is such a stain on this country. We are here to discuss that scandal because, as a result of it, Wendy Williams conducted her lessons learned review and the update that has followed. The Windrush generation have been and continue to be treated in a way that does not compare with the many sacrifices they made to help to rebuild our country. Unfortunately, with this scandal, the racism and discrimination they experienced when they arrived here remains today.

Over the past 12 years, we have seen the hostile environment, with policies introduced as part of the Immigration Act 2014 and the Immigration Act 2016, many of which meant that people could access support and public services only if they were able to prove their status. Subsequently, thousands of people from the Windrush generation were denied access to public services, stretching from housing, with many people ending up homeless, to access to social security, with many ending up in destitution. Sadly, for those who were unable to prove their status, those policies led to devastating consequences. Many people who had spent their whole lives in this country—working, paying their taxes and making a valuable contribution—but who were unable to prove their status ended up homeless. Many were deported to countries they had not been back to for 10, 20, 30 or 40 years. In some cases, as we have heard, people died as a result of this scandal.

It is vital to recognise the role that institutional and structural racism has played in this scandal. I believe that it happened only because many of these people were black and brown and because of the countries they had come from. No one can deny or dismiss that fact; it is proven.

The Government chose not to recognise this scandal until it became unavoidable. It did not just happen overnight; the Government were warned about it many years ago. It took campaigning, pressure from the victims of the scandal and from MPs, including my right hon. Friends the Members for Tottenham (Mr Lammy) and for Edmonton—

[Kate Osamor]

I am not right hon. yet!

[Marsha De Cordova]

She is soon to be right hon. [Laughter.]

It took many activists campaigning for justice. I first came to this place in 2017, and within a year, the scandal did really hit. I had to stand up in the Chamber and make so many representations for my constituents who were caught up in this scandal and genuinely could not believe what was happening.

Despite the impact of those cruel and inhumane policies, I do not think the Government have really learned the lessons of the scandal, because if they had, they would not have passed the inhumane Nationality and Borders Act 2022. What have they actually learned? If they had learned the lessons of Windrush, we would not have seen so many people waiting for compensation from the scheme. We know that many, many people have not received compensation and that when people do, it is so small that it really does not amount to much or compensate them for what they have endured. We also know that many people have lost their life before even receiving compensation.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Does my hon. Friend agree that one of the worst things about the Windrush scandal was that this was a very proud generation, and a generation who thought they were British? They had travelled here on passports that were from the United Kingdom and the colonies. We are here today talking about cash and compensation, but actually it is the emotional impact on that generation that is the worst thing of all.

[Marsha De Cordova]

I thank my right hon. Friend for that intervention, and I could not have said it any better; she absolutely hits the nail on the head. They were British citizens when they came to this country. In fact, they call it the mother country—that is what my grandparents called Britain. That is how they saw it and they were British citizens, so then to be treated in such a way—it really was not right.

I strongly believe that the whole compensation scheme should be moved outside the Home Office. It should be an independent, fair, compassionate and accessible scheme that does not have the Home Office’s hands over it. Wendy Williams’s progress report highlights that many of her 30 recommendations have not been met, so my question to the Minister is: why? I am really concerned that the recommendation to have a full review of the hostile environment policy—it has now been called the “compliant environment”, but we all know that it is still hostile—has not been achieved.

Wendy Williams also called on the Home Secretary to commission officials to undertake a full review, designed in partnership with external experts, and evaluation of the hostile policy measures, individually and cumulatively. I do not believe that any work has been progressed on that.

Given the significant role that the hostile environment policy played in causing the Windrush scandal, I would have expected the Home Office to prioritise completing a full review in the last 18 months. I would therefore like the Minister, when he responds, to explain why the Home Office has not yet completed a full review in partnership with those external experts. When does it intend to do that?

Wendy Williams stated in her progress report that

“the results of the review of the…policies remain an essential element in the department’s efforts to demonstrate it is learning”.

However, legislation has been produced that shows that the Department really has not done so. For me, and I am sure for all of my colleagues, this process really is about righting these wrongs and bringing justice for those people caught up in the scandal, but it is also about ensuring that it can never happen again.

I come back to this question: have the Government learned? I ask that because they then introduced the Rwanda policy. I am genuinely baffled as to when this Government and the Home Office will finally begin to learn that their policies have consequences and that if they did some simple things, such as carrying out impact assessments, then just maybe that would highlight some of the problems with their policies, which are being implemented with hostility and have a hostile impact on our communities.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

As I said in my earlier intervention, my parents were of the Windrush generation. They came here in the 1950s and I remember how proud they were and how they believed that they were citizens of the United Kingdom. The whole Windrush scandal has been so painful and humiliating for them, and what has made the pain and humiliation worse is the very slow progress in handing out compensation. Only one in four of the applicants have got their compensation. One has to wonder whether the Home Office is not waiting for some of them to die, to rid itself of the obligation to pay compensation.

As the Minister will be aware, the Home Affairs Committee visited Sheffield, where the casework for the compensation scheme is done. He will also be aware that the Committee produced a report on the issue, in which we made a number of specific recommendations. One of the most important recommendations is that the whole Windrush compensation operation should be handed to an independent organisation, because one of the startling facts is that the number of people who have applied for compensation is much lower than was expected.

Those people do not want to go to the Home Office for anything—think about it and put yourself in their shoes—whereas if an independent organisation was responsible for the scheme, I believe that many more of the people who are entitled to compensation would come forward. I believe that an independent organisation would be speedier and more effective in processing the claims. The Home Office has rejected the suggestion out of hand, but I am bringing it forward once again. The delays, the incoherence and the unwillingness of possible claimants to come forward all point to the need to move this work to an independent organisation.

Another Home Affairs Committee recommendation that the Home Office rejected was to reimburse claimants for their legal costs. When we put that to the Home Office, it said, “It has all been devised so that people don’t need a lawyer,” but we need to tell that to the claimants. We have to remember that the Windrush generation are not necessarily used to doing things online. Many of them find that they have to use lawyers, some of whom are charging extortionate costs and might get a third of the compensation, if not half. It cannot be fair to offer compensation yet allow victims to be gouged by lawyers. The Committee has said that the Government should reimburse claimants for their legal costs. The other issue we have raised is how opaque some of the criteria are for the amount of compensation that claimants get, and we want to see more clarity on that.

The Home Affairs Committee went to Sheffield to see the unit that is dealing with this issue. They were very nice people, but one of the things that concerned us was what they told us about the backlog. The Home Office has tens of thousands of claimants in a queue, and they have not yet been allocated to caseworkers—the Minister is looking startled, so he needs to go to Sheffield and ask them for himself. There are tens of thousands of cases that have not been allocated to caseworkers, and nobody in Sheffield could tell me when they will be allocated. They are dealing with more recent cases, but they have a big queue. The caseworkers were very nice—we met them, their managers and all those people—but not one of them was from the same background as the majority of claimants.

[Marsha De Cordova]

My right hon. Friend is making an excellent speech, and I thank her for it. This really harks back to the issue of representation and leadership. The compensation scheme needs people who are compassionate and who can empathise, so does she agree that it is vital that those administering the scheme should reflect those who have been affected by it?

[Ms Abbott]

I agree with my colleague. It is very regrettable that none of the caseworkers, managers and advisers reflects the diversity of the claimants to the Windrush compensation scheme. It seems to me that if the Home Office were serious about running the scheme efficiently, it would have made more effort to ensure that the officials dealing with the scheme reflected the communities from which most of the claimants come.

We cannot overstate the sadness and disappointment of claimants who find themselves caught up in the labyrinth and waiting, sometimes for years, to understand what has happened to their claim. It is all very well and desirable that we had a Windrush monument unveiled last week, but nobody will take this Government’s concern about Windrush seriously until they make the compensation scheme much speedier, much more efficient and much more likely to reach the claimants before some of them pass away.

--- Later in debate ---

[Kevin Foster]

I am not sure where the shadow Minister gets his figures from. He said that 960 claims have been made, but the actual figure is 3,878, and more than 1,800 had been made by 1 January 2021.

On the engagement figures, we continue to encourage people to apply to the compensation scheme. I have visited some of the community fund groups in Birmingham, Cardiff, Edinburgh, Nottingham and London. It was evident during those visits that innovation and collaboration are helping to support local communities and raise awareness of the Windrush schemes. We have also written to 6,200 individuals to encourage them to consider applying. In January, we launched the second phase of our national communications campaign, which featured new content to address misconceptions that could prevent people from applying to the scheme. It included campaign videos that have been played across community TV stations.

[Marsha De Cordova]

I want to take the Minister back to the work that the Home Office is doing to deliver the scheme. My right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) and I talked about the representation issues surrounding those actually delivering the scheme. I wondered whether the Minister heard that and wants to respond to the point about having people deliver the scheme who are more empathetic and representative of the groups they are seeking to compensate.

[Kevin Foster]

As Members are aware, we are recruiting additional people into the compensation scheme team, so we are increasing the number of staff working on it. To be clear, despite recent pressures, the area we never took people from was Windrush work, because we thought it was appropriate that that was seen as a priority. It is important that our caseworkers can empathise with people’s situations, which is why we have programmes of engagement. We want them to work proactively with the community groups, hear their experiences, and listen and understand where people are coming from. I understand that this is about not just immigration status, but people’s very strong identity; they felt—this was eloquently put earlier—that they were British. We recognise that it is important to ensure that that experience is there for all caseworkers.

I want to address the idea that there are tens of thousands of applications outstanding. The number of applications received so far is just under 4,000, which would make that rather difficult numerically. There are not cases that are “unallocated”; we understand that that point arose from a misunderstanding. All cases are being worked on and pursued, and in some cases we are waiting for responses or, for example, for probate to be resolved so that we can take things further. I will be writing to the Chair of the Home Affairs Committee shortly to confirm that.

[Kevin Foster]

We had a letter from the Chair of the Home Affairs Committee following the visit. We will shortly be replying, and I will be happy to reply in further detail to those points when I receive them.

One of the points that has been focused on is whether the Windrush compensation scheme should be transferred to an independent organisation. I understand why that might sound appealing, but it would risk delaying payments to people even further, and many cases would have to come back to Home Office records and other parts of the Home Office, which would mean that we would still be heavily involved. I do not believe for one minute that anyone is suggesting that we should contract this out—that might have been partly suggested—to a private sector operator. It is right that we have a team who operate separately and independently from other areas of the Home Office and are able to take matters forward with clear delineation. Certain information supplied to the Windrush team is not available to wider Home Office operations. The focus needs to be on paying compensation and moving the scheme forward, rather than on who is actually administering it.

[Marsha De Cordova]

Will the Minister give way?

[Kevin Foster]

I will give way one last time; I am conscious that I need to allow time for the hon. Member for Edmonton to wind up.

[Marsha De Cordova]

I will try to make my point succinctly. No one is asking for any scheme to be contracted out to a private company. The point is about the scheme being independent from the Home Office. The Home Office administers the policy, so how can the people who have to do the marketing videos and everything else be the ones administering it? People are still reluctant and fearful due to the hostile environment. It is about the scheme being independent, but it could be an independent charitable organisation, not a private company.

[Kevin Foster]

I hear the hon. Member’s point; we all agree that a private company would not be the right option. Setting up a different organisation would clearly take time. Again, it would be reliant on the vast majority of records and processes coming from the Home Office. However, we recognise that people will not necessarily want to approach the Home Office in the first instance, which is why we work with community groups, and are having some helpful and productive conversations with some of the high commissions in London about whether they could host events, particularly now that we have returned to having drop-in events. We all know why, over the past two years, the ability to hold drop-in events has been far more limited than we would have liked, but our focus is on getting on and making the compensation payments.

One point that was picked up was on the migrants commissioner. I recognise that Wendy Williams mentioned her disappointment on that matter. I reassure colleagues that a substantial amount of work has been done on options to deliver this recommendation. We are working with external stakeholders and have set up a sub-group of the Windrush cross-Government working group to advise on the function of a migrants commissioner. The sub-group has submitted its recommendations on what the functions should look like, including the scope of the role and the best model for delivering it, and we are now considering those views. To be clear, the suggestion is that it may not necessarily be an individual but could be a group that fulfils that role. Certainly, we are keen to take it forward, but in a way that builds confidence.

I want to thank the hon. Member for Edmonton for securing the debate and all hon. Members who have contributed. As I have set out, we have taken some important strides forward in responding to the Wendy Williams report, but we recognise there is still a lot of work to do in the Home Office—work that is always enhanced by constructive challenge, such as that which we have received from hon. and right hon. Members today. The failings of the past were unacceptable, and I know there is a real determination across the Home Office to learn the lessons of Windrush.

There is a strong focus across the Department on delivering the improvements set out in the Wendy Williams review and, as colleagues and the public would expect, the implementation of her recommendations is closely monitored. Concerted action is taking place to drive cultural change and make a Home Office that is fit for the future—a Department that is open and outward working, that views people as faces not cases and as individuals not numbers, and that is committed to making fair and just decisions and ensuring that we treat people as they have the right to be treated. The injustices of the Windrush scandal should never have happened. That is why we are wholeheartedly committed to doing all we can to right those wrongs.