Infected Blood Compensation Scheme

Debate between Stuart C McDonald and Baroness Laing of Elderslie

Tuesday 21st May 2024 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

Just for the record, I know that the right hon. Gentleman meant to refer to the right hon. Member for Maidenhead (Mrs May) as such. [Interruption.] There is no need for an apology. The right hon. Gentleman is answering very fully and correctly, and I did not want to interrupt him.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

There was much to welcome in what the Minister said today, but can I take him back to the issue of existing support schemes, which are of course incredibly important for so many? In the second interim report, recommendation 13 says that

“current annual payments under the support schemes should be continued…and guaranteed for life”

and that such payments should only be taken into account

“in assessing awards for future financial loss or care provision”.

It was not immediately clear to me that what the Minister said today is consistent with that recommendation and its implementation. Could he provide that clarity now, because this is very important for people listening?

Oral Answers to Questions

Debate between Stuart C McDonald and Baroness Laing of Elderslie

Wednesday 21st February 2024 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

T1. If she will make a statement on her departmental responsibilities.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Secretary of State.

Illegal Migration Bill

Debate between Stuart C McDonald and Baroness Laing of Elderslie

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Scottish National party spokesperson.

[Stuart C. McDonald]

We should oppose all nine Government motions, which is precisely what my SNP colleagues and I will do this evening. Let me say again that this Bill is so appalling that the House of Lords should stop it in its tracks. However, Baroness Jones was the one speaker who had the guts to say:

“we should be stubborn about not allowing the Bill to go through.”—[Official Report, House of Lords, 12 July 2023; Vol. 831, c. 1814.]

As I asked last week, if the Lords will not consider halting this Bill, which Bill will it be? This Bill is about locking up kids, forcing trafficking victims back to their exploiters, mass detention, closure of the UK asylum system and the trashing of international laws. If the Lords will not use their powers to block this Bill—a Bill that also runs totally contrary to what was in the 2019 Conservative manifesto—what is the point of their powers, and what is the point of the House of Lords? Let us hope that we can salvage something from these final proceedings.

On Lords amendment 1B, if the Bill is consistent with our international obligations, the Government cannot have any objections to the amendment. On the other hand, if, as the Government have at other times argued, it wrecks the Bill to have to be read consistently with international law, then the problem is with the Bill, not the amendment. That is a good reason in itself for the whole Bill to be stopped in its tracks. The revisions to the amendment mean that arguments about allegedly incorporating international laws have been addressed, despite the completely unsubstantiated assertion from the Minister. We have heard lots of strong words about protecting a dualist system of law, but given that the Government could not even make the normal human rights compatibility statement, we need strong action to protect fundamental human rights and the rule of law.

The grouped amendments 7B and 90D are also important in upholding the rule of law. They preserve judicial oversight, so that illegal decisions by the Government can be properly challenged before they are implemented. It really is as simple and fundamental as that. The Government keep talking about loopholes, but access to courts, the rule of law and fundamental rights are not loopholes; they are fundamental principles that we should be upholding.

Lords amendment 9B is another crucial amendment. It now includes safeguards to assuage the usual Government concerns about gaming the system, but retains the vital protection that if a person cannot be removed to Rwanda even after six months, they will then have their case assessed here. It simply preserves the status quo and is an essential protection. It remains an appalling prospect that people who are refugees will be left in limbo forever by the Government; never allowed to have their claim heard here and never able to contribute, even if removal is a near impossible prospect.

Indeed, it is also ludicrous that there will be people with totally unfounded claims for asylum who will get to remain here in limbo, often at considerable taxpayer expense, because of the Bill. The Bill stops unfounded claims being dealt with, just as it stops well-founded claims being dealt with. The end result is that thousands of people will need to be detained and accommodated in perpetuity. Many more will disappear underground, as they will have no reason to stay in touch with the Home Office. It is the end of the UK’s contribution to the refugee convention. Again, if the Government are not willing to move on that, their lordships should hold up the whole Bill.

On mass and limitless detention of children in inappropriate accommodation, of course we continue to support all efforts to curtail the horrendous new powers and to limit the extraordinary harm that we know—and the Home Office knows—detention causes to them. We therefore support Lords amendments 36C, 36D and 33B. As I said last week, the Government’s amendments in lieu really represent a pathetic non-concession. A theoretical right for some kids detained for removal to seek bail after eight days is just not remotely acceptable. At the very least, we need short, hard and fast limits, and those limits should be automatic and not dependent on a child being able to navigate the bail system and accessing the legal support that would be required to do that. And the time limits should apply to all kids, whether accompanied or not, and regardless of which particular powers they were detained under. The Government make claims about creating incentives to play by the rules, but, as with most of their claims, they offer absolutely no evidence. There is no suggestion, for example, that the introduction of strict time limits by David Cameron’s Government had the impact suggested here. It is just another myth.

As Members on both sides have said, the Bill is a serious threat to victims of modern slavery and trafficking, and yet again it totally ignores devolved powers on this subject. Those being exploited are the ones who will suffer, not the traffickers, whose power over their victims will only be enhanced by the withdrawal of any route to safety for those they are exploiting. We therefore support Lords amendment 56B and anything that will undo some of the damage that the Bill will do to modern slavery and trafficking provisions. Without 56B, the damage the Bill will do to slavery and trafficking laws across the UK is yet again sufficient to justify holding up the whole Bill.

On Lords amendment 23B and protections for LGBT people, we fully support everything Lord Etherton said in support of his amendments. Put the fact that these countries are not safe for LGBT people on the face of the schedule. Anything that builds on the flimsy and almost certainly unworkable system of “suspensive claims” should be welcomed. LGBT people should not have to go through that process in the first place. If the Government are committed to safe legal routes, they should have no problem with Lords amendment 102B. On the archbishop’s amendments 107B and 107C, a 10-year strategy is utterly sensible—indeed, it is essential. Long-term thinking is as necessary for issues surrounding forced migration as other pivotal challenges such as climate change.

Ultimately, the amendments can only add a little polish to an odious Bill that is utterly beyond redemption. It should be stopped in its tracks entirely and any parties that still send people to the relic of a second Chamber should be using their influence to see that that happens. Otherwise, this is all just for a show and very vulnerable people will suffer as a result.

Overseas Chinese Police Stations in UK: Legal Status

Debate between Stuart C McDonald and Baroness Laing of Elderslie

Tuesday 1st November 2022 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the SNP spokesman, Stuart C. McDonald.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I, too, congratulate the hon. Member for Rutland and Melton (Alicia Kearns) on securing this important urgent question, and I welcome the Minister to his place.

These are really alarming and incredibly serious allegations, which, as the Minister says, have to be properly investigated. Indeed, the suggested international scale of these activities across 30 countries on five continents is actually pretty shocking. Given the international perspective, what discussions are the Minister and his counterparts having with colleagues in the EU and beyond about how they can co-ordinate on this matter?

What steps can the Minister say have been taken to ensure that law enforcement and security services have the skills and resources to tackle the matter? This seems a recent and different challenge for them. Will he say a little more about the co-ordination with devolved Governments who have responsibility for policing?

The Minister expressed confidence that the powers in the National Security Bill, which we have debated at some length, will be sufficient to tackle this type of alleged activity. Will he express a willingness to use those powers if these allegations are made out?

Finally, does the Minister agree that, while our attention is rightly focused on the bad actors seeking to control and coerce Chinese residents, BNOs and others, it is all the more important that we remember and support the many other groups, businesses and individuals who do positive work in supporting their communities to contribute to our society?

Nationality and Borders Bill

Debate between Stuart C McDonald and Baroness Laing of Elderslie

Consideration of Lords message
Tuesday 26th April 2022 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I will start by recalling that what we are debating this evening is the fate of Syrians, Afghans, Eritreans, persecuted Christians, trafficking victims and others who seek sanctuary in the United Kingdom.

A rather perplexing set of votes in the other place means that we are down to just three Lords amendments. While the remaining amendments may be small in number, however, they are huge in significance. Assuming that this place fails to do its duty by agreeing to them, I hope the other place, unlike the Minister, will do its duty by continuing to insist on them.

With the exception of some welcome provisions on nationality, we continue to believe the whole Bill should be scrapped. However, for as long as it is before us, we support amendments that seek to ensure as far as possible that the Government act in accordance with the refugee convention and allow that compliance to be considered by the courts. That means accepting their lordships’ amendments on interpretation and on restricting the offensive clauses on differentiation.

The Government have totally lost the argument. The overwhelming weight of legal opinion, as well as that of the United Nations High Commissioner for Refugees, is on our side of this argument. No one with an ounce of common sense would just accept this Government’s assurances that everything accords with the refugee convention, nor would they give up the ability to test it in court—and we certainly should not. Today, it seems that the Minister’s argument is basically that it is Parliament’s role just to declare itself in compliance with the refugee convention. Of course that is absolute nonsense.

I reiterate SNP support for the right to work for asylum seekers, and pay tribute to the Lift the Ban coalition members, including in particular the Maryhill Integration Network and many others who have campaigned with passion and integrity on this issue. This policy is the right thing to do for integration, it is right for the public purse and therefore it is right for our citizens and overwhelmingly right for asylum seekers.

The evidence against the policy remains pathetically weak to non-existent, and warm words about deciding cases within six months mean nothing when that prospect appears as remote as ever. The reality is that people are being left in limbo for years, and excluding them from the labour market for years risks effectively excluding them from work forever and undermining integration.

The Home Secretary has repeatedly told us that she is all for safe legal routes. Indeed, last week she told my right hon. Friend the Member for Dwyfor Meirionnydd (Liz Saville Roberts), the leader of the Plaid Cymru group in Parliament, that this Bill

“actually puts safe and legal routes into statute.”—[Official Report, 19 April 2022; Vol. 712, c. 41.]

The Home Secretary has complained on various occasions that I have not read the Bill, but I am beginning to question whether she has read her own Bill, because that is clearly utter baloney. There is not a single sentence in the Bill as it stands that puts a safe legal route into statute. On the contrary, clause 11 empowers the Secretary of State to diminish safe routes for family members. Their Lordships’ amendments give just a little bit of protection for those rights.

The final argument I want to make relates, believe it or not, to the 2019 Conservative party election manifesto. In advance of this debate, I forced myself to look at that document; indeed, I forced an unfortunate member of my staff to look at it as well. As far as we can see, the words “asylum” and “refugee” feature in that manifesto only once, and in the following terms:

“We will continue to grant asylum and support to refugees fleeing persecution, with the ultimate aim of helping them to return home if it is safe to do so.”

The manifesto also said:

“We will ensure no matter where in the world you or your family come from, your rights will be respected and you will be treated with fairness and dignity.”

This Bill not only breaches the refugee convention, but is utterly contrary to the 2019 Government manifesto. There is nothing in that manifesto about driving a coach and horses through the refugee convention. There is nothing about criminalising—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I stopped the shadow Minister, so I have to give the same advice to the spokesman for the SNP. We are not here to talk about manifestos and general matters this evening; we are here to talk about Government motions to disagree to amendments 5D, 6D, 6E, 6F, 7F and 7G, and only that. This Bill has been properly heard in general terms. We will stick to the exact points in front of us now.

[Stuart C. McDonald]

The point I am trying to make, Madam Deputy Speaker, if I would be allowed, is that these amendments would bring the Government much closer to fulfilling their 2019 manifesto commitments than anything in the Bill today. The Bill rides roughshod not only over the refugee convention but over the Government’s own manifesto commitments. That is the point I am trying to make. It is an important point for this House, for the Conservative party and for this Government. It is also an important point for Members in the other place, because, yes, this is a Bill that breaches international law in egregious ways, and totally undermines the refugee convention and treats asylum seekers appallingly, but it is also, as I said, contrary to the Conservative manifesto. For that reason, if this is not the sort of Bill that the House of Lords should be using its modest powers to delay, then I really do not know what is.

Nationality and Borders Bill

Debate between Stuart C McDonald and Baroness Laing of Elderslie

Consideration of Lords amendments
Tuesday 22nd March 2022 Commons Chamber

[Stuart C. McDonald]

The hon. Gentleman has made his intervention, so I am going to try to—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Members should not make interventions when they are sitting down—end of story.

[Stuart C. McDonald]

Thank you, Madam Deputy Speaker. Let me answer the intervention the hon. Gentleman made while he was standing up. As I said in response to the original intervention, other than what we heard from the politician who gave evidence to us, all the impartial expert evidence was that offshoring achieved absolutely nothing; it was not anything to do with a decline in the number of drownings. The second point to make, in relation to Scottish local authorities, is exactly the same point as has been made by the Conservative party leader of Stoke-on-Trent City Council: the Home Office does not step up to its responsibilities because it does not fund local authorities to undertake this work.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Stuart C McDonald and Baroness Laing of Elderslie

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons
Monday 18th May 2020 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP) [V]]

Thank you, Madam Deputy Speaker. I am afraid to say that this is a dreadful Bill that will destroy opportunities for future generations and will split even more families apart. It will result in many thousands of EU nationals losing their rights in this country overnight; it will extend the reach of the hostile environment still further; it will drown thousands of businesses and key industries in red tape and massive fees; and it will deprive our public services of talented and desperately needed workers. It will push different nations and regions of the United Kingdom towards depopulation and drive a wedge between us and our European neighbours. In short, it brings to an end the one part of the UK migration system that works well—the free movement of people. Instead, it expands the reach of the UK’s domestic rules—a complicated mess of burning injustice and bureaucracy—and that is why the SNP, without any hesitation, will be voting against this awful Bill. But this awful Bill was made even worse by its appalling timing. Pushing ahead with it in the midst of a public health and economic crisis, and without paying heed to the recent Windrush review, is spectacularly misjudged and shows that the Home Office remains totally out of touch with reality, and completely out of touch with public opinion.

I turn first to the coronavirus pandemic and I join others in paying tribute to those on the frontline. I pay particular tribute to the migrant workers who are there, including too many who have lost their lives—consultants from Sudan, Nigeria, Sri Lanka, Egypt, Uganda and Pakistan, a hospital porter from the Philippines, doctors from Germany and Iraq, nurses from Zimbabwe, Trinidad and South Africa, support workers from India and Ghana, and many, many more. Each and every one deserves our tributes and our gratitude, but the more fitting tribute would be a coherent and robust response to the crisis—one that genuinely seeks to ensure that we are all in this together and doing whatever it takes, but that is not what the Bill provides.

We should have had a Bill that makes it easier, instead of harder, to recruit the NHS, social care and other staff we need, and not one that uses an ill-considered financial threshold as a poor proxy for skill, talent or contribution. It is right that the Home Office has ditched its earlier rhetoric about cheap, low-skilled labour, but it is now time to drop the accompanying policies, too. We should have had a Bill setting out a comprehensive and generous system of visa extensions for those frontline workers and their families, not the piecemeal, back-of-the-envelope scheme that the Home Office has so far cobbled together.

We need a Bill that scraps the minimum income requirements for family visas and suspends other financial thresholds, acknowledging that migrant families and workers have had their incomes slashed, just like too many others. More than 100,000 NHS workers and a huge percentage of care workers are prevented by Home Office financial requirements from being able to sponsor their husbands, wives and children to join them here in the UK. Is it not quite outrageous for the Home Office to say, “Thank you for your hard work, but no thanks to bringing your family”? There is absolutely nothing fair about that.

We need a Bill that uprates the pitiful sums of money that we are providing to asylum seekers in this time of crisis and which ensures that, whatever stage of their asylum journey they are at, they can be properly protected. We need a Bill that ensures that all migrants have at least some form of temporary status and which ends the no recourse to public funds rules that deprive people of the support and accommodation they need to get through this crisis. It is impossible for someone to self-isolate if they do not have a roof over their head or food to eat.

We need a Bill that automatically protects all who are at risk of accidental overstaying until coronavirus is over, that gets people out of immigration detention, and that ends data sharing with the Home Office so that the NHS and other vital services are not places that people in need are afraid to attend. We need a Bill that recognises the absurdity of the NHS surcharge and scraps it for good. We need a Bill that postpones any new immigration system until this pandemic is over and we know the reality of the huge economic challenges ahead.

Employers are justifiably aghast at the fact that the Home Office is attempting to foist a whole new bureaucracy on them now, in the middle of a public health and economic crisis. The Government took four years to finalise their immigration proposals, yet they are giving employers little more than four months to adapt—four of the most difficult months imaginable. The Bill undermines, rather than helps, our response to the coronavirus.

However, it is not just the public health crisis that the Home Office has totally ignored in the Bill—staggeringly, it pays no heed to Windrush either. The Windrush lessons learned review is an incredible indictment of the Department. It talks of Ministers failing to “sufficiently question unintended consequences.” It refers to

“an institutional ignorance and thoughtlessness towards the issue of race”

that reveals a Department that does not listen to contrary opinions or learn lessons, and where the political culture and pressure to be tough has caused harsh treatment, poor decisions and an absence of empathy for individuals. The Windrush case studies presented by Wendy Williams are enough to make people shake with anger, yet the Bill has not a single trace of recognition of Windrush in it and there are alarming signs that the Department has failed to learn lessons. Its crass and insensitive defence of the discriminatory right-to-rent policy almost makes me wonder whether the review has actually been read. Meanwhile, many of the same voices that warned about Windrush are warning about the fate of tens or possibly hundreds of thousands of EU citizens—old people, young people, looked-after children, care leavers and others—who may not appreciate the need to apply for settled status.

If they truly have learned the lessons of Windrush, the Government should protect EEA nationals properly. They should provide them with automatic rights, not rights contingent on their applying by a certain date; they should provide all with fully settled status and abandon the precarious pre-settled status; they should provide EEA citizens with a physical document as proof of their rights, and they must scrap the right to rent and other discriminatory hostile environment policies. Just as before, the Government seem to be ignoring the warnings; instead, the Bill seeks to give Ministers a blank cheque on future immigration policies. The last thing we should do is give the Home Office any more powers until the lessons of Windrush are properly learned.

There are so many other areas of immigration, asylum and nationality laws that need fixing. There is nothing in the Bill to address the injustices of nationality law, such as the disgraceful fees charged to children who simply want to register their British citizenship, to which they are entitled. There is nothing to fix our broken asylum system —the poverty support rates, the chaotic accommodation contracts, the shambolic move-on period, the ban on work, the restricted family reunion rights, and the loss of Dublin III participation. There is nothing here to address our addiction to immigration detention and the shame of being the only country in Europe without a time limit on detention. There is nothing to address the decimation of appeal rights and legal aid, which has contributed to many injustices, including Windrush.

Time and again, the Home Office has shown that it is so obsessed with numbers that it has totally lost sight of individual workers, students and family members, and the contributions that they make. More and more people will be asking, “Why did we leave immigration policy to the Home Office at all?”

Of course, on the question of who should make migration policy, with every single day of Home Office incompetence and injustice, the case for migration policy for Scotland being made in Scotland grows stronger. We have been reasonable, pragmatic and thorough in building the case, publishing papers and pointing to international best practice, but the Government simply refuse to engage in a grown-up discussion about migration policy being tailored for Scotland.

The risk of population decline and a shrinking labour force and tax base are real and grave issues for Scotland. The future system that this Government have designed is nothing short of a disaster for health and social care, tourism and hospitality, food and drink, agriculture, our universities, and many other key sectors of the Scottish economy. I recognise that it is not just Scotland that the Home Office is throwing under the bus, but other nations and regions of the UK too.

Instead of issuing soundbites and slogans about a system working for all, the Home Office must engage seriously. It must recognise that any system that has the express aim of reducing migration does not just fail to work for Scotland but actively works against Scotland’s interests. This is a rotten Bill, introduced with rotten timing. It is beyond repair and it does not deserve a Second Reading.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I now have to introduce a formal time limit of five minutes on Back-Bench speeches. I should remind hon. Members who are speaking from home to have some way of ensuring that they do not exceed five minutes in case they cannot see the time on their computer or device while they are speaking, because I will have to enforce the five-minute limit very strictly.

Windrush Compensation Scheme (Expenditure) Bill

Debate between Stuart C McDonald and Baroness Laing of Elderslie

Tuesday 24th March 2020 Commons Chamber

[The Chairman of Ways and Means (Dame Eleanor Laing)]

I wish to restate to the Committee that I will call Divisions only when they are really essential. As always, the Chair will listen to the debate and form a judgment on whether to exercise that discretion. I am reminding the Committee now, as we reminded the Committee that sat yesterday, that today the bar is a high one and that arguments in favour of going through the Division Lobbies will need to be very persuasive.

Clause 1

Expenditure on the Windrush Compensation Scheme

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I beg to move amendment 1, in clause 1, page 1, line 2, at the beginning, insert “Subject to subsection (3),”

This is a paving amendment for Amendment 2 which requires modifications to the Windrush Compensation Scheme.

[The Chairman of Ways and Means (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

Amendment 4, page 1, line 7, after “persons” insert

“from not only Caribbean but also from other Commonwealth countries who arrived in the United Kingdom before 1 January 1973 and persons who have a right of abode or settled status (or who are now British citizens) and who arrived to live in the UK before 31 December 1988,”

This amendment clarifies that the Windrush Compensation Scheme is not literally limited to men and women who originally came to the UK from the Caribbean Commonwealth.

Amendment 2, page 1, line 9, at end, insert—

“(3) Subject to subsection (4), modifications that must be made to the scheme before subsection (1) comes into force are set out in sections [Responsibility for the operation of the Compensation Scheme], [Consultation on simplifying the application process], [Time limit], [Public consultation on limits, tariffs and caps], [Legal assistance], [Restrictions] and [Standard of proof], and [Appeal to the First Tier Tribunal].

(4) Subsection (3) does not prevent payment of interim awards under the Windrush Compensation Scheme.”

This a paving amendment which requires modifications to the Windrush Compensation Scheme before final payments can be funded by money provided by Parliament.

Amendment 5, page 1, line 9, at end insert

“, taking into account the impact of those difficulties on the family life of those persons”.

This amendment would require the scheme to take account of the impact on the family life of people who encountered difficulties in demonstrating their lawful immigration status.

Clause stand part.

Clause 2 stand part.

New clause 1—Responsibility for the operation of the Windrush Compensation Scheme—

“Within two months of the date on which this Act is passed, the Secretary of State must arrange for operation of the Windrush Compensation Scheme to be the responsibility of an institution other than the Home Office.”

This new clause requires the Secretary of State to move the operation of the Windrush Compensation Scheme to an institution other than the Home Office.

New clause 2—Consultation on simplifying the application process—

“The Secretary of State must launch a public consultation on the applicants’ experience of the application process under the Windrush Compensation Scheme.”

This new clause requires the Secretary of State to launch a public consultation on the applicants’ experience of the application process.

New clause 3—Time Limit—

“No time limit applies to when applications for compensation under the Windrush Compensation Scheme must be received.”

This new clause would ensure that no time limit can be imposed on when applications should be received.

New clause 4—Public consultation on limits, tariffs and caps—

“The Secretary of State must launch a public consultation on the limits, tariffs and caps in the Windrush Compensation Scheme.”

This new clause would require a public consultation on the limits, tariffs and caps in the scheme.

New clause 5—Legal assistance—

“The Windrush Compensation Scheme must make provision for the reimbursement to applicants under the scheme of their reasonable costs of legal assistance in making applications for compensation under the Scheme.”

This new clause would allow applicants to recover their legal costs in applying to the scheme.

New clause 6—Restrictions—

“(1) Compensation under the Windrush Compensation Scheme may not be denied to any individual on the basis that they have a criminal record.

(2) Awards of compensation under the Windrush Compensation Scheme may not be reduced on grounds that the individual failed to contact the Home Office at an earlier stage.”

This new clause would modify the restrictions on the payment of compensation under the scheme.

New clause 7—Standard of proof—

“No requirement may be made of applicants for a level of proof beyond the balance of probabilities for claims under the Windrush Compensation Scheme, including any claims relating to—

(a) loss of earnings

(b) reimbursement of private medical fees,

(c) reimbursement of international student fees, and

(d) loss of access to banking.”

This new clause would apply a civil standard of proof to claims for compensation under the scheme.

New clause 8—Appeal to the First Tier Tribunal—

“(1) The Secretary of State must make provision by way of regulations for claimants to have a right of appeal to the First Tier Tribunal against any determination issued under the Windrush Compensation Scheme.

(2) An appeal under subsection (1) must be brought on the grounds that the determination was not in accordance with the Windrush Compensation Scheme.”

This new clause would allow claimants to appeal to the First Tier Tribunal against determinations made under the scheme.