Minors Entering the UK: 1948 to 1971

Steve Double Excerpts

Monday 30th April 2018 Westminster Hall

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

I beg to move,

That this House has considered e-petition 216539 relating to people who entered the UK as minors between 1948 and 1971.

It is a great pleasure to serve under your chairmanship, Mr Austin. It is also a great honour to open the debate on this important and pressing issue. To make it clear, I do so as a member of the Petitions Committee, which agreed to schedule the debate today.

I thank the petitioner, Mr Patrick Vernon, whom I had the pleasure of meeting just before the debate, and the more than 178,000 people who have signed the e-petition in just a few days. It calls for an amnesty for any minor who arrived in Britain between 1948 and 1971. Its goes into further detail and includes a link to a story published by The Guardian on 30 March about Elwaldo Romeo, a man who moved from Antigua to the UK nearly 60 years ago as a child and who has lived and worked in this country ever since. Mr Romeo received a letter from the Home Office stating that he was liable to detention as he was classified as a “person without leave.”

After Mr Romeo experienced difficulty in producing documentation to prove his identity and right to remain in the UK, he was asked to report to the Home Office every fortnight and offered help and support to return home voluntarily, according to The Guardian. He is understandably anxious that the Home Office will pay a visit to his doorstep and forcibly detain him.

[John Howell (Henley) (Con)]

During the Commonwealth Heads of Government meeting, the BBC interviewed a Caribbean Prime Minister who stated that this was “more cock-up than conspiracy”. Does that not influence our decision? It was an administrative mistake that must be put right as quickly as possible.

[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.

[Leo Docherty (Aldershot) (Con)]

I am grateful to my hon. Friend for the calm tone he has struck in initiating the debate. Given the previous intervention, does he agree that it is important to remember that a Labour Government first coined the term “hostile environment”? [Interruption.]

[Steve Double]

My hon. Friend makes a good point.

[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.

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[Simon Hoare]

The hon. Lady keeps saying an awful lot of stuff from a sedentary position. Does my hon. Friend accept that the rewriting of history on such a sensitive issue is unhelpful to both sides of the debate and to moving this thing forward? For perfectly legitimate reasons at the time, the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) referred not only to having a hostile environment but to seeking to flush out illegal migration. “Illegal” is the key word.

[Steve Double]

My hon. Friend makes a pertinent point. We must be clear in differentiating between illegal immigration and people who clearly have a right to remain in this country but, for all sorts of reasons, are having trouble proving that right. That is the difference. Governments of different parties over many years have taken various steps in robust action against illegal immigration, and rightly so, but when we conflate those two issues in the current situation we do a disservice to those of the Windrush generation who have a legal right to stay.

[Mr Jim Cunningham (Coventry South) (Lab)]

rose—

[Steve Double]

I will take interventions again in a while, but I need to make some progress.

Mr Romeo’s story was one of many that drew widespread public concern about the status of the Windrush generation and their children, who have spent most if not the entirety of their lives in this country. Other awful examples of treatment faced by members of the Windrush generation have come to light in recent weeks, which has rightly led to many people being concerned, as evidenced by the number of people who have signed the petition in just a few days. While the situation is devastating for all those affected and should never have happened, it provides all of us with a timely reminder to learn from a significant period in time for our nation.

[Mr Cunningham]

rose—

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[Emma Reynolds (Wolverhampton North East) (Lab)]

rose—

[Steve Double]

I will make a bit more progress.

It is almost 50 years since the Empire Windrush docked at the port of Tilbury on 22 June 1948. It brought with it the hopes and dreams of more than 500 passengers from the British West Indies who had just been given citizenship of the United Kingdom and colonies under the British Nationality Act 1948. Advertisements appeared in local newspapers in Jamaica offering cheap transport for anyone who wanted to make a living in the UK. Among that group of British subjects, nearly half were former servicemen who wanted to return to the nation they were enlisted to fight for during the war, while others were simply attracted to the better opportunities offered by what they affectionately and proudly called the mother country.

The arrival of the Windrush passengers marked the beginning of a multicultural, modern Britain. In the following decades, thousands from the Caribbean and other Commonwealth countries followed in their footsteps. Together, they became known as the Windrush generation. Most intended to stay for a few years, save some money and return to the West Indies. However, as time passed, the majority decided to remain and make this country their home. They married, raised families and built their lives here.

[Mr Jim Cunningham]

I thank the hon. Gentleman for giving way. Simply put, if we have a proper inquiry, we can establish who did what, who introduced what, who gave certain instructions and what happened in the Home Office. Targets were part of it and a hostile environment was a part of it. Let us have a proper inquiry to clear it up and find out what actually happened so we do not have this Tweedledee and Tweedledum. Furthermore, it does not stop with the West Indies; I suspect other groups were affected by the same Home Office methods. We should have an inquiry and sort it out.

[Steve Double]

An inquiry may or may not be appropriate, but my focus is on getting things right for the people who have been affected by the current situation. There are lessons for the Home Office and the Government to learn for the future, and those lessons will be learned, but our focus now needs to be on righting a wrong that has happened and ensuring that the people affected get all the help and support they need at this time.

[John Spellar (Warley) (Lab)]

rose—

[Emma Reynolds]

rose—

[Steve Double]

I will make a bit more progress, then take another intervention.

Life for the Windrush generation was often tough, but this was the generation that worked hard to overcome the many social, economic and cultural challenges of post-war Britain. I want to be clear: the Windrush generation are people who responded to our invitation to come to this country as British subjects, to help us rebuild our country in the years after the war. They are not economic migrants or asylum seekers. Theirs was the generation that helped us build the NHS. They were the people who contributed to Britain’s re-emergence as one of the most prosperous nations in post-war Europe. Indeed, they also played a role in shaping modern Britain, by making us one of the most vibrant and multicultural nations in the world.

It is therefore totally shocking to hear about the treatment of some of the Windrush generation. It is appalling that some of them have been refused access to NHS services, have lost their job, or have even been threatened with deportation. I want to draw attention to the language of the petition that we are debating today. It asks for amnesty for the Windrush generation children. Amnesty is granted to someone who has been found guilty of breaking the law. In the context of the issue before us today, that would imply that the people in question are illegal immigrants. I recognise the intention of the petition but I want to make the important point that those people do not require amnesty: they already have the right to remain here.

[Emma Reynolds]

The hon. Gentleman is right that we must learn the lessons of what happened. However, my constituent, Paulette Wilson, was detained in October. She has been here for 50 years; she worked in the UK. She worked in Parliament, serving MPs. What she, her family and I want to know is why it took her detention, and the appalling treatment of others, for the scandal to come to light.

[Steve Double]

The hon. Lady makes a very good point and I shall go on to address it. I will just say that on this occasion the Home Office has been too slow to respond. There were warning signs about it and more should have been done sooner. I do not think anyone is arguing anything other than that mistakes have been made that have been deeply damaging to some people’s lives, that it should not have happened, and that we must put it right and make sure it never happens again.

[John Spellar]

This relates to the core not just of the policy but of the practice. What is wrong with the Home Office? When it is quite clear that things are going wrong, why is there no overriding corrective mechanism? When senior officials are approached by Members of Parliament why do they not look at the matter again in the light of what has been raised with them? Why do Ministers not intervene to resolve it? Why has it taken so long, when it was crystal clear, in the press and in correspondence, that something was going seriously wrong? There is a deep structural problem in the Home Office immigration department that needs to be addressed.

[Steve Double]

I would respectfully say to the right hon. Gentleman that I suspect that question is more for the Minister than for me. I think it is above my pay grade to answer for the Government on those issues. I recognise that there are such issues, but perhaps the Minister will respond or the right hon. Gentleman will raise the issue later.

We have a duty to ensure that the Windrush generation and their children know that they are welcome here and belong here. We do not want any Commonwealth citizens who came to this country between 1948 and 1971, and who made their life in the UK as law-abiding citizens, to feel unwelcome or to be in any doubt about their future in this country. It should be stated that the response from the Home Office to the situation has been too slow. Not only should the situation never have occurred, but once it was known about the Government should have spotted what was happening and reacted much more quickly. However, although they are late, I commend the actions that the Government are now taking to help the Windrush generation and their children to obtain their right to remain here. The clear apologies from the Prime Minister and other members of the Government have been welcome, but we need more than words. We need action to correct what has gone wrong.

The then Home Secretary first announced on Monday 16 April that she was establishing a new dedicated team to help the Windrush generation to evidence their right to be here and to access the public services that they need. The team aims to resolve cases within two weeks of evidence being produced. She also stated that the Home Office does not intend to ask the group to pay for their documentation. Last Monday she expanded on her initial statement by committing to waive citizenship fees for Windrush generation members who are applying for citizenship, to waive the language and life in the UK tests for them, and to waive the administrative costs for the return to the UK of Windrush retirees currently residing in their country of origin.

The former Home Secretary also announced other measures, which are of particular interest to the petition’s signatories. First, the petition called for Windrush minors to be given the right to remain in the UK; indeed, most Windrush generation children in the UK are already British citizens. However, should they have to apply for naturalisation, the Government will waive the associated fees. Secondly, the petition states that

“the government should also provide compensation for loss and hurt”.

The Government have said that a new compensation scheme will be set up for those who have suffered loss as a result of this issue. That is clearly the right thing to do, but I want to ask the Minister whether the Government have considered providing, as part of the compensation package, support and counselling for those who have suffered distress, stress and upheaval that has affected their day-to-day lives. It should not just be about recompensing them for costs they have incurred; it should also be about the support they need to get over, and move on from, their traumatic experience.

[Leo Docherty]

My hon. Friend is laying out in useful terms the series of actions that the Government are taking. Does he feel, as I do, that the leadership provided by the new Home Secretary this morning will prove decisive? I have just come from the Chamber, where he said he will do whatever it takes to deal with the matter in a timely and decisive fashion. Does my hon. Friend share the confidence I have in the new Home Secretary?

[Steve Double]

Indeed I do. I would add that I think the previous Home Secretary was completely committed and was taking action to address the issue. However, I also have tremendous faith in the newly appointed Home Secretary and that he will get to the heart of the issue and make sure that things are put right and that the lessons that need to be learned are learned, and I shall come on to that point now.

Going forward, officials working at all levels of the Home Office must learn important lessons from the failures that have beleaguered the Windrush generation and their children. Those mistakes should never have happened, and there were warning signs, with Members coming forward in recent weeks to say that they were receiving casework relating to the issue.

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

Will the hon. Gentleman give way?

[John Spellar]

Will the hon. Gentleman give way?

[Steve Double]

I shall make a bit more progress and then allow an intervention.

Ministers and Home Office officials must now focus on establishing the status of the Windrush generation and their descendents with all possible speed, and ensure that the administrative issue of missing documentation for our citizens is not a barrier. Windrush cases must be prioritised. The Home Office must also take a far more proactive approach; it cannot wait until a particular case has gone into the public domain before deciding to take action to resolve it. The Windrush generation are British—they belong here—and the task now is to provide them with a legal status that reflects that. I applaud the new team’s intent to resolve cases within two weeks after evidence has been produced. It is vital to keep to such commitments to restore public trust in the Home Office.

In the past week, since I agreed to lead the debate, I have been engaging with lawyers and volunteers assisting members of the Windrush generation to secure their legal status, as well as with church and community leaders who represent the group. Many of those people are descendents of the Windrush generation or have a personal connection to them. They have expressed concerns about the capacity and effectiveness of the dedicated helpline that was set up to deal with inquiries. They have also asked whether there will be a deadline beyond which the Home Office might not be able to give further help to those seeking it. Will the Minister clarify what her Department will do to ensure that the helpline can give help effectively to everyone who seeks advice and whether there will be a deadline or cut-off point after which people might not get the help they seek from the new helpline?

I am glad the former Home Secretary acknowledged that the burden of proof to produce evidence of their legal right has been too much for some and suggested that the Department will deal with those individuals in a more personal manner. They came as British subjects and were not subject to any condition or restriction when they entered the UK. As we now know, many have found the task of producing evidence of their continuous residency here difficult. We need to prevent the Windrush generation and their children from facing further uncertainty over their status in the future and to allow them to be treated with the dignity and respect they deserve.

On 22 June this year, we will mark the 70th anniversary of the arrival of HMS Windrush. That is a great opportunity to inform the British public about the positive legacy of that generation of pioneers and to help younger generations to appreciate the sacrifices that they have made for this country. I ask the Minister whether there are any plans for the Government to commemorate that monumental occasion and to celebrate the contributions that the Windrush generation has made to British society.

With Brexit fast approaching, the Government must get things right for EU citizens. The Home Office must work now to ensure that the EU citizens who decide to stay here legally after Brexit know that they are welcome and that they will not face similar treatment.

[John Spellar]

A couple of times the hon. Gentleman has referred to these issues as though they have blown up only in the last few weeks. There may have been massive press coverage in the last few weeks, but the issues have been going on for months and indeed years. There has been an almost complete failure to recognise that and to put the corrective mechanisms in, which is precisely why a full restructuring of the immigration directorate in the Home Office is required.

[Steve Double]

I think I did say that there had been warning signs and cases for some time now that should have highlighted the problem. I do not know whether it is years or months; I have certainly been aware of it for months, but if the right hon. Gentleman says it is years, I am not going to argue with him. Whatever the period of time is, I think we all agree that action should have been taken sooner to address the issue, before it reached the state that it did in recent weeks. On that, we can absolutely agree.

To go back to the question of EU citizens, I commend the Home Office for preparing for a new form of identification that will be simple and straightforward, so that the 3.7 million EU citizens will have clear and secure documentation of their legal status. That is vital to avoiding similar mistakes. I hope the Home Office will be able to publish further details about the identification scheme in the near future.

[Catherine West (Hornsey and Wood Green) (Lab)]

Is the hon. Gentleman aware that there is a chance that people will not be able to use iPhones to register their EU registration? That seems to be of concern to EU citizens. Could he confirm that one way or the other?

[Steve Double]

The hon. Lady raises a point I am not aware of, and it is not really for me to answer it. She might like to address it to the Minister, who might respond to it later. I was not aware of that point, but I am sure it is a valid and important one.

We need an immigration system that is effective and fair. Many of my parliamentary colleagues and I are of the belief that we need a robust and competent immigration system that is also fair and humane to people seeking to legally enter and settle in this country. We have to send clear messages to discourage illegal immigration, and this and previous Governments have taken steps to be tough in tackling it. I believe the British public want the Government to be tough on illegal immigration. However, we also need to be clear that this issue is not about illegal immigration, and to make it about the way the Government handle illegal migrants is missing the heart of the point. The Windrush generation are not here illegally and never have been. In this case, well-meaning policies have been applied to the wrong people, with devastating consequences for the lives of our citizens. There are clearly lessons to be learned from that, but if our reaction is to weaken our stance on illegal immigration, we will be doing the British people a disservice.

A change of culture is needed at the heart of the Home Office, because the focus has been on policy and process and not on people. We must never lose sight of the fact that at the heart of these polices are people—individuals and families who deserve to be treated fairly and with dignity and respect. It is right that immigration needs to be managed—it cannot be uncontrolled—but managing immigration can be just and compassionate. That can be challenging, but it is essential. We must have a just and fair immigration system that works for the British people, that is open to people with the skills and talents to fill much-needed roles in our economy, and that is compassionate to the most vulnerable, the persecuted and the displaced.

We owe the Windrush generation a huge debt of gratitude for a number of things: for coming to help our nation at a time of need, for the contribution they have made to our nation for the past 70 years, for the lessons they have taught us and for the important part they have played in shaping modern Britain as a tolerant, multicultural nation. I suspect that we will soon owe them another thank you. Through this terrible experience, which I know has been painful and caused distress to many, they are again teaching us an important lesson: they are forcing us to look at the type of country we want to be in the future, they are making us look at the consequences, no matter how unintentional, of the way we handle immigration, and they are reminding us of the values that made us into the great nation of the modern post-war world. Those are important lessons, and this is an important time for us to be reminded of them.

In closing, I reiterate the crucial message that we want to send to all Commonwealth citizens who have legally chosen to make Britain their home: you are a vital part of this country, and we are immensely grateful for the contributions you have made to our culture, our economy and our society over many years. You have helped to make us the country we are. You and your children are welcome to stay here. We want you to stay, and we want to do everything we can to make you feel welcome.

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[Steve Double]

I want first to thank all right hon. and hon. Members who have taken part in the debate. It has at times been passionate; it has been clear; and there have been excellent contributions from across the House, including many deeply moving personal accounts. I also thank Mr Vernon, and all those who signed the petition that enabled the debate to take place today. We are very grateful and I am delighted that it has been possible to hold the debate, through the Petitions Committee.

There has been great agreement across the House that we owe a huge debt of gratitude to the Windrush generation, and to all those who have come from Commonwealth countries and played such an important role in our nation, and contributed so much, over past decades. There was agreement that wrong has been done to them. I am grateful to the Minister for her clear message that there is no hiding from it—that something has gone dramatically wrong and needs to be put right. There was also agreement that there are lessons that have to be learned to ensure that where things have gone wrong changes will be made, so that what happened can never be allowed to happen again.

I want, as many Members have done in the debate, to give once again the clear message that we are incredibly grateful to those who have come as part of the Windrush generation, and to others since who have contributed so much to our country. We are sorry about the experience that they have had to go through, and the clear message from this House is that we want them to stay. They belong here and are part of our nation. We want to do everything we possibly can to make sure they know that they are welcome here. We will do everything we can to resolve the issue, so that they have the documentation they need to feel secure, and to feel they belong here for the future.

Question put and agreed to.

Resolved,

That this House has considered e-petition 216539 relating to people who entered the UK as minors between 1948 and 1971.