Windrush Review

Debate between Marsha De Cordova and Diane Abbott

Wednesday 29th June 2022 Westminster Hall

[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.

Black History Month

Debate between Marsha De Cordova and Diane Abbott

Thursday 28th October 2021 Westminster Hall

[Ms Abbott]

I thank the hon. Gentleman for that important intervention. Of course I am not advocating civil disorder. As someone who lived through that era, I am saying that without people marching and taking to the streets, I am confident that there would not have been the impetus, the concern and the focus that enabled me and my three colleagues to be elected in 1987. He must give me some credit for having lived through that era and having been active in the community at that time. Neither I nor anyone on these Benches would advocate civil disorder, but it happened; we cannot pretend it did not and we cannot pretend it did not have an impact, as Lord Scarman himself said.

[Marsha De Cordova]

My right hon. Friend is making an absolutely fantastic speech and giving everybody a well-needed lesson in our history. Does she agree that this is why it is important that our history is told properly? We have to see the good, the bad, the everything in all that we do, so that we all know, and so we can stop the cycle of injustice.

[Ms Abbott]

Yes, we have to stop this cycle. I have lived through too many decades of it: of civil disorder, which hon. Members opposite deprecate, of anger, anguish and concern, of reports such as the Scarman report, of “13 dead and nothing said”, of reports being written and nothing changes. I have to tell hon. Members that the community—not just the ethnic minority community but the community as a whole—is weary of reports being written and injustice being pointed out and nothing happening.

Black people make our own history. We continue to contend against the forces of institutional racism, whether that is people engaging with civil disorder, which of course I entirely deprecate, or whether it is those of us in Parliament today in 2021. We make our history. Our history is British history. We will continue to fight on. I would like to think that, on some of the issues that have been raised in the past 40 years, we will see real action, a real strategy for action and real change in the coming years.

Windrush Compensation Scheme (Expenditure) Bill

Debate between Marsha De Cordova and Diane Abbott

2nd reading & 2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Money resolution & Programme motion
Monday 10th February 2020 Commons Chamber

[Ms Abbott]

I agree with my hon. Friend.

Since the previous Government were first obliged to apologise for the scandal, in April 2018, there have been more than 8,000 applications from people seeking the necessary documentation to establish their legality —8,000 applications for documentation, but only 1,000 applications for compensation. What has happened to the other 7,000? Why have they not come forward? Will the Home Secretary tell us what steps her Department is taking proactively to engage with them? Is she aware of any factors that might be inhibiting legitimate applicants? Is it possible that fear of the hostile environment is a factor?

How large is the publicity budget for the scheme? The House would like to know how that budget compares with the £46 million reportedly spent on the “Get ready for Brexit” campaign, which was criticised by the National Audit Office as having not made the slightest difference to public awareness. The House is entitled to know more details of the effectiveness of the publicity campaign. I understand that Home Office officials have visited Afro-Caribbean churches. That is good, but I hope Ministers understand that potential claimants may have difficulty approaching officials about their immigration status if they know that those officials are from the very Department that might seek to deport them, or might have deported someone they know.

Another issue is the extent of the Windrush cohort. As I said earlier, it is not just about people from the Caribbean: it affects all those Commonwealth and former empire citizens who came here legally before 1973, which includes people from west Africa, south Asia and elsewhere. It also includes their daughters, sons, grandsons and granddaughters, because the failure of their parents and grandparents to establish their citizenship may have affected their children’s and grandchildren’s immigration rights. It may be that people who have been rounded up for that flight to Jamaica tomorrow fall into that category. Will the Minister confirm that it is the case that many people originally from south Asia are also eligible for compensation? What will the Government do to ensure that all of them are approached about the compensation they are due?

[Marsha De Cordova (Battersea) (Lab)]

I thank my right hon. Friend for giving way: she has been very generous with her time. Does she agree that it is unclear what the appeals process will be for the compensation scheme? Can people appeal against a compensation claim being turned down, and if so, can they receive legal aid for that appeal?

[Ms Abbott]

There are too many things that remain unclear about the compensation scheme, but I am sure the Minister will respond to my hon. Friend’s comments.

In conclusion, the Windrush scandal was seen and noted around the world. The current Prime Minister talks about reaching out to friends old and new in the new post-Brexit world, but unless and until this scandal is actually ended, do not be surprised if friends old and new treat those claims of amity very cautiously. No money can compensate for the sense of humiliation that members of the Windrush generation felt at being told, perhaps for the first time, that they were not actually British. This is not about the money: it is about making good that unhappiness, humiliation and fear. I urge Ministers to listen carefully to what Members say about their individual constituents’ experiences, because it will shed a lot of light on where this scheme is currently going wrong.