Windrush Compensation Scheme (Expenditure) Bill

Meg Hillier Excerpts

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

[Priti Patel]

I will look into those cases. Of course we have the exceptional payments scheme, which should stop anybody falling through—such people should receive those payments.

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

I was interested to read the updated impact assessment, which reduces the assumption that there will be 15,000 claims to 11,500 claims. Will the Home Secretary explain why that is the case and whether the Bill will cover the 160,000 Commonwealth citizens who could be affected, to which the Public Accounts Committee drew attention last year?

[Priti Patel]

The numbers were reduced in the impact assessment due to the fewer-than-anticipated claims thus far. I will come on to Commonwealth citizens because, of course, this is not specific to Caribbean nationals.

Even though time has elapsed since individuals may have effectively been caught up in the Windrush issue—experiencing hardship, losing their job and, in some cases, also losing their home—I will, as I said to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), look into any specific cases that hon. Members would like to raise with me. Our changes may help some people to qualify for a potentially higher award, particularly where it relates to the loss of employment.

“Windrush” has been used to describe what happened to a specific group, but that term and this scheme are not limited to those of Caribbean nationality. The scheme, of course, is open to anyone of any nationality who arrived and settled in the UK before the end of 1988, and to anyone from a Commonwealth country who arrived and settled in the UK before 1973. The scheme is also open to the children and grandchildren of Commonwealth citizens who arrived and settled before 1973, and to other close family members of such a person who may have been affected. In the cases of those who sadly passed away before compensation could be paid, a claim can be made by their estate.

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[Ms Abbott]

I am grateful to my hon. Friend for her intervention. I was going to come to the point that although people talk about the Windrush scandal in terms of migrants from the Caribbean, it actually affects people from Africa, from south Asia and anyone from a then Commonwealth country who came in at the time. I point out to the House that there is also another, perhaps larger, scandal waiting in the wings. This, too, arises because of the 2014 Act and the hostile environment. I am speaking, of course, about this Government’s treatment of the EU 3 million. The EU settlement scheme does not confer new rights, but instead removes them. EU citizens will then potentially risk being charged that they are here illegally, and will face the burden of proof to show otherwise, and the legal status of British citizens now abroad is also bound up with how fairly this Government treat EU citizens here.

I previously stated that the Opposition will not vote against the compensation Bill, because otherwise there will be no compensation paid at all, but we on the Opposition Benches must insist that the Home Secretary look again at the introduction of a special hardship scheme. There are people who have died. There are people who are still in debt, because of the slowness in dealing with their claims for compensation.

[Meg Hillier]

My right hon. Friend will have noted in the letter that we have seen from the second permanent secretary at the Home Office that of the more than1,000 claimants, only 36 have been settled to the tune of just over £62,000. Does she not agree that, although extending it is not a bad thing in one way, it is in danger of delaying the very vital payments that so many of our constituents deserve?

[Ms Abbott]

I am grateful to my hon. Friend for her intervention. The amount and the quantity of the payments are pitifully small, and do not show that the Government have administered the scheme well. We on the Labour Benches believe that the entire scheme for compensation should be like the funding for criminal injuries. First and foremost, compensation should be placed on a statutory footing, as that would allow the compensation to be comparable to awards in civil cases—that is reasoned and reasonable compensation.

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[Ms Abbott]

I agree with my hon. Friend that much more needs to be done to reassure people who are, rightly, worried about engaging with the Home Office at all because of previous experiences.

[Meg Hillier]

Does my right hon. Friend agree that one of the big problems is that the Home Office systems are not up to scratch? To cope with both Windrush and the potential non-Caribbean Commonwealth applications as well as EU citizens, whom she rightly highlighted, the Home Office systems need to be improved.

[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?

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[Mr Steve Baker (Wycombe) (Con)]

This is an essential Bill, and I will be extremely surprised, and indeed ashamed, if anyone rises to speak against it. I am very glad that the Government have extended the deadline to 2 April 2023, for reasons that I will cover in my conclusion. I hope the Bill will go some way to addressing the point that the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) made that we need to recover our reputation for just administration at home and abroad.

I represent a large population of Caribbean descent—about 5,000 people. We are proud to have in Wycombe the largest Vincentian population away from the islands. I want to say that I am sorry. On these Benches, we are extremely sorry that this has happened. It is a matter of shame that it has occurred and that these events have taken place. It will be of no comfort to members of the public who have been affected, or their friends or family, that the explanatory notes go back to NHS treatment charges introduced in 1982 for overseas visitors, checks by employers on someone’s right to work first introduced in 1997, measures on access to benefits from 1999, civil penalties for employing illegal migrants from 2008, and so on. This is a long-standing problem, but it brings shame on us all and I am extremely sorry that it has happened.

[Meg Hillier]

The hon. Gentleman raised the issue of employer checks. One of the big concerns for many of my constituents is that they are required to have a biometric residence permit, because their little piece of paper from the Immigration and Nationality Directorate—or whichever form of the immigration system it was at the time—is no longer acceptable. The Home Office, crucially, does not write and tell them that, and it is only on a routine check by their employer that they find out. Many of them are then out of work for many months while they wait for their BRP to arrive. Does he agree that that is a scandal that the Home Office also needs to address?

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[Steve Double (St Austell and Newquay) (Con)]

It is a pleasure to speak in this important debate. There is no doubt that the Windrush scandal is a stain on the history of our country. It should never have taken place, but it should also transcend party politics, because it came about due to a series of administrative failings under a succession of Governments. As my hon. Friend the Member for North Dorset (Simon Hoare) said, it was the result of cock-up, not conspiracy. It was the result of unintended consequences because of the trail of successive decisions and actions of many Governments over many decades. None the less, it needs to be put right, and I welcome the Bill as just one step in ensuring that we put right as much as we are able to the wrongs that were done to the people who suffered.

[Meg Hillier]

The hon. Gentleman says that it was not intentional, but many of us were raising concerns for some time about constituents who were facing this very situation. The Home Office and Ministers failed to put that together to see that there was a systemic issue. Does he not at least acknowledge that? I hope we would all agree on both sides of the House that the Home Office systems are not, and have not been for some time, up to scratch and need to be improved.

[Steve Double]

I am grateful for that intervention. If the hon. Lady’s point is that something should have been done sooner, I agree. There were clearly warning signs that something was going wrong in the system, and action should have been taken quicker than it eventually was. But we are at this point today, and I welcome the Bill as one step further down the line to put right what was done wrong.

I want to thank the former Home Secretary, my right hon. Friend the Member for Bromsgrove (Sajid Javid), and the former Minister for Immigration, my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes). I had a great deal of engagement with them when this situation came to light, and I thank them for the way in which they took ownership of it and sought to put measures in place to provide redress and compensation as quickly as possible.

When this issue unfolded in 2018, I was a member of the Petitions Committee, and I led a debate in Westminster Hall in response to a petition on this issue. Because of that, I had the privilege of meeting many of the petitioners, as well as a number of church leaders who represented West Indian and Caribbean congregations, who expressed their grave concerns about what was unfolding. As I look back on those meetings, I have two abiding memories of things that I learned and that struck me hard.

The first was that the Windrush generation did not come to Britain to become British citizens—they already considered themselves British citizens. They saw themselves as coming to the aid of the mother country; they came here to help this country at our point of need. I will never forget the stories they told me of how they came to the mother country when we asked them to because we needed their help.

The second thing that struck me from those meetings was just how deep mistrust of the Home Office went. There was a deep sense that something was wrong, and they had serious misgivings about the way that the Home Office functioned. That was not just a feeling at that particular time; it had been established over many decades, and there was a deep sense that they did not trust the Home Office. We wait to see what will come out of the lessons learned report, but I really hope one of the things will be to highlight the need for real change in the way the Home Office functions so that we never see something like this happen in our country ever again.

I welcome the fact that the compensation scheme was launched swiftly in April 2018, but I think we would all agree that it has taken too long to get to where we are today. I think we all acknowledge that, over the last couple of years, a great deal has preoccupied Parliament, filled far too much time and taken attention away from far too many other important matters. However, it is regrettable that more progress has not been made and, as hon. Members have already commented, that too few people have received too little compensation so far.

I sincerely hope that the passage of the Bill will enable the Home Office to accelerate this process, and make sure that claims are processed more quickly and, where compensation is due, payments are made in a timely fashion. I ask the Minister to ensure that all the resources needed are given to the Home Office to make sure that these applications can be processed much more quickly and compensation paid much more swiftly. While I understand why Labour Members will have concerns, I think we need to get this Bill passed, and it would be a mistake in any way to seek to delay it any further.

As terrible and unjust as all that went on during that time is, there is one thing from this whole process for which I am grateful, which is that we have been able to hear the story of the Windrush generation for a new generation in this country. My father was from Ipswich, and although he moved to Cornwall to marry my mother, after I was born we went back to Ipswich several times a year. There were Caribbean communities in Ipswich that we were very much a part of, and at that time I got to know several families who had originally come from the Caribbean. I remember the sense of love of our country that they had and, as I said earlier, the sense that they were coming to help the motherland at that time. I remember with great fondness all those relationships, and all the stories I heard back then.

I am very glad that, because of this tragedy and this unjust thing that has happened, the one good thing is that we can tell their story again and a new generation in this country can hear just how much and how big a debt we owe the people from all over the Commonwealth who came to our country to help us rebuild after the war. We must never forget the price that they paid and all that they gave our country at that time, and we must always be grateful and treat them with the dignity and respect that they deserve because of that.

I believe that, as we have now left the European Union, we have an opportunity to review and reset our immigration policy. That is a positive thing and an opportunity we should grasp, but in doing so we must get it right. I believe there are things we can learn from the Windrush scandal that will help to shape our immigration policy to ensure that we do not ever make these mistakes again. One of the things many of us want to see as we break free from being locked into the European Union’s immigration policy is that we can once again build closer relationships with the Commonwealth and strengthen our historic ties with the Commonwealth. However, unless we now get this right and learn the lessons that need to be learned, that is going to be more difficult to do. We have to ensure that our future immigration policy is effective, but also fair and compassionate, and there are clearly lessons that must be learned.

If the reaction is somehow to weaken our stance on illegal immigration or on those who have committed crime, we will be doing a disservice to the British people. There needs to be a change of culture at the heart of the Home Office because the focus has been too much on policy and process, not on people. We must never lose sight of the fact that people are at the heart of these policies—individuals and families—who deserve to be treated fairly, and with dignity, respect and compassion.