Deportation Flight to Jamaica

Suella Braverman Excerpts

Monday 10th February 2020 Commons Chamber

[Kevin Foster]

Again, I am clear that we have checked that there is no one on the flight who would be eligible for British citizenship or nationality. We would not be able to deport them if they were. The cases have been through the courts. Again, I should make it clear that the law is very clear, the offences committed are very clear and we are very clear that the Home Office applies the rules based on the criminality, not the nationality, of the offender.

[Suella Braverman (Fareham) (Con)]

Does the Minister agree that shrill virtue signalling and faux outrage ignore the political and legal realities of the issue? My parents emigrated to the UK from Commonwealth countries in the 1960s and could have been caught up in the Windrush issue. Thankfully, they were not. The Government have apologised for this issue and are taking remedial action on it. Will the Minister confirm that British citizenship is a privilege, not a right? Those foreign national offenders who abuse their time here need to face the full force of the law.

[Kevin Foster]

Clearly, those with British citizenship would not be liable for deportation, but my hon. Friend is absolutely right. We should not define the Windrush generation by a group of people who have committed serious offences or been persistent criminal offenders. The Windrush generation is the midwife who delivered hundreds of babies, the person who worked hard to provide for their family—that is who defines that generation, not serious offenders.

Windrush Compensation Scheme (Expenditure) Bill

Suella Braverman 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

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

It is good to have the opportunity to take part in this debate. Of course we must pass this Bill, because the victims of the outrageous Windrush fiasco must be compensated, but it must be done fairly and fully, and compensation must accurately reflect the impact that this scandal has had on their lives. It must happen as quickly as possible, because the process has been slow and drawn out. I concur absolutely with the Chair of the Home Affairs Committee and the shadow Home Secretary about the operation of a hardship fund.

I recognise that a lot of work and consultation has gone into designing the scheme, but although that work is welcome, it does not mean that we have to accept that the design is right. Indeed, the changes to the scheme announced last Thursday illustrate that changes can and should be made. Scottish National party Members think that those changes were steps in the right direction, but that others are required. The Bill gives us the opportunity to air those concerns. I will set out a few examples in a moment, but first it is important to put those concerns into context, and to reflect on what it is that we are compensating victims for and who the victims are.

Windrush must be among the most outrageous acts of negligence by a Government Department impacting its own people in modern British political history. In fact, the word “negligence” probably does not do it justice at all. “Recklessness” would be closer to the mark. As we have heard, the consequences have been disastrous: people wrongly subjected to the hostile environment; homes and jobs lost; and healthcare, pensions and access to social security refused. Some victims were subject to immigration enforcement, including the serious trauma of immigration detention. Some were removed or deported. Some felt compelled to leave. Some were refused re-entry when they went abroad for what they thought would be short periods of time. People were prevented from travelling to visit dying relatives or to attend funerals.

Why do we say that these harms were caused by recklessness on the part of the Government? Quite simply, because the Home Office knew that the implications of their ever more noxious hostile environment policies included that significant groups of people who were lawfully in the UK would be caught up in its tentacles. The Department was warned via inspectorate reports, by the 2014 “Chasing Status” report by the Legal Action Group, by high commissioners, by analysis of the right to rent carried out by the Joint Council for the Welfare of Immigrants, and by others. The National Audit Office was clear that there were briefings to Ministers about the many thousands of lawful residents who did not hold biometric residence permits from at least 2013. As the NAO said, outsourced hostile environment policies

“predictably carried a risk of impacting on individuals who were, in fact, entitled to residence, but who did not have the necessary documents. The Department had a duty of care to ensure that people’s rights and entitlements were recognised...We do not consider that the Department adequately considered that duty in the way that it introduced immigration policy.”

In short, it seems that all the warning signs were ignored or deemed acceptable collateral damage. People quite rightly ask, “If all these warnings had related to white middle-class people with a louder voice, would those warnings have been ignored?” Instead, it was not until they were shamed into action by journalists such as Amelia Gentleman that the Government actually started to respond.

We also need to consider who these victims are. In the light of the history, I think it has already been accepted that there is little doubt that Windrush victims will have no trust in the immigration and nationality system or in the Home Office. In fact, they would be entitled to despise institutions that have heaped so much misery upon them. That is not the only thing we need to consider and remember about the victims when we go on to assess the design of the compensation scheme. Speaking to those who are working with and supporting the Windrush victims through the compensation scheme, it is repeatedly pointed out to me that we are often talking about fairly or even very marginalised, and sometimes vulnerable, individuals. Many are poor or not well off; hence there was no need for passports for foreign trips. Vulnerabilities can range from poor literacy all the way through to signs of post-traumatic stress disorder because of the ordeals that people have been put through. Many will have had other experiences of discrimination and racism in housing, employment and criminal justice.

Against that background, the compensation scheme must be generous and comprehensive, and also designed to allow even the most marginalised, terrified and vulnerable to access it. There is a workable scheme on which we can build, but many have expressed concern about its design, and I hope the Government will listen. The Minister has already made changes, and I hope we will continue to consider possible improvements to the scheme.

I will briefly mention a few concerns, many of which we will come back to in more detail in Committee. First, on the independence of the compensation scheme, it would surely be better for it to be operated independently of the Home Office. We are asking people to contact and apply to the same Department that caused them such misery in the first place. If the scheme must remain within the Home Office, then there must surely be strong, independent routes to challenge the decisions that it makes. We are far from convinced that the scheme has that feature.

Secondly, we need to scrutinise the application process. Has enough been done to ensure that it is as simple as possible? The application form declares that the Home Office does not think that people will need an immigration lawyer to complete it, yet question 1 alone asks about lapsed status, settled status, whether people were ordinarily resident, and the right of abode. How many people in this Chamber could provide a coherent description of all those concepts?

That leads me on to a further issue: funding for groups advising and supporting people to make applications. Funding for Citizens Advice is well and good, but it is not sufficient. People should have a choice. For some victims, Citizens Advice was one of the organisations unable to help them to rectify their terrible situations in the first place—not, I should say, through any fault of Citizens Advice. It is welcome that the Government are tendering for advice services, but I hope that it is possible for a range of different providers to be selected and not just one.

[Suella Braverman (Fareham) (Con)]

In 2018, the Government appointed Martin Forde, QC, to independently advise them on the compensation scheme, and the Government have also committed to having an independent adviser to oversee its delivery. Is the hon. Gentleman challenging the views of the independent expert who has made the recommendations, which the Government have largely followed?

[Stuart C. McDonald]

As I said at the outset, I welcome all the consultation that is happening. I also welcome the role that Martin Forde has played, but we do not have to simply take every chapter and verse of the design that he comes up with. Ultimately, we are the politicians and this is the Government, and we can do things slightly differently if we wish to. The Immigration Minister has already made some changes to the scheme. All I am saying is that there are changes that can make the scheme fairer and more generous, and I will continue to make that case. I absolutely respect the role that Martin Forde has played and I do not mean to diminish it in any way at all.

As we speak just now, lots of folk are having to be helped through the system by pro bono lawyers, volunteers and even students. Not only are difficult concepts of immigration and nationality law involved, but the process of documenting losses and damages is often not easy. Given the significance of these applications to the people making them, as we heard from my hon. Friend the Member for Glasgow North West (Carol Monaghan), it is only right that legal aid funding be made available. Ultimately, is it not a bit rich for the Home Office, an institution that completely failed to understand its own immigration rules and laws despite employing an army of policy experts and lawyers, then to turn round and tell victims of those failures that they do not need legal advice? The Home Secretary herself referred in her speech to applications being complicated. That is why legal aid funding should be made available to all the victims.

The fourth issue is the time limit. We welcome the Minister putting the deadline back—the original might even have been capable of legal challenge—but we suspect that there may need to be a further rethink in future. We are also concerned that if a deadline remains, there must be generous provision for those who miss it and a very low threshold for considering reasonable excuses. That is necessary, given the vulnerabilities and isolation that many victims will have suffered. It is also necessary because the Home Office has limited its proactive search for victims to Caribbean countries, despite being told by the NAO that its reasons for not proactively searching for victims elsewhere do not add up. That must be revisited.

Fifthly, we share concerns that many of the limits, tariffs and caps in the scheme are wholly inappropriate. The range of immigration application fees that are recoverable is unduly restrictive, and so too are limits placed on legal fees related to those applications. Some of the lump sums seem surprisingly low. Right across access to social security benefits, housing, employment and education, we cannot accept restrictions on possible total awards. Why is the scheme not aiming to come closer to providing restitution for actual losses, rather than very limited broadbrush payments?

Sixthly, we are concerned about provisions that allow for compensation to be restricted for what essentially seems to be a form of contributory negligence, as well as for serious criminality. On the first point, how can it be right for the Home Office to say, “If only you’d contacted us, things would have been sorted,” and use that as a reason to reduce compensation? For many, simply looking at the eye-watering application fees would have been sufficient to think that fixing the situation was impossible. Others who did try to contact the Home Office to remedy their status ended up the subject of enforcement action and in immigration detention.

It seems that unsuccessful applicants were automatically placed in the migration refusal pool and therefore were at risk of removal, so who can blame people for not attempting the dangerous and seemingly insurmountable task of proving status and contacting the Home Office? After all, this Department was sending out “Go home” vans, but now we are saying in retrospect that at that same time, people suspected of being here illegally should have got on the phone to the Home Office to rectify their situation. That seems wholly unrealistic. The insistence that people would usually have contacted the Home Office within 30 days bears little resemblance to reality and could have severe implications for significant loss of earnings claims. We welcome the Minister’s announcement that the range of actions that the Home Office will accept as attempted mitigation is to be broadened, but we seriously question whether any such deductions are appropriate at all.

On criminality, we are unconvinced by the appropriateness of the provisions. Part of the guidance on this has been redacted from public view, and another section refers to situations where the

“offending was of such a nature that makes it inappropriate to make an award in whole or in part”,

which is vague and lacks clarity. As a point of principle, the fact that someone has a criminal record surely does not mean that the person is not owed compensation when they are wronged by the Government.

Finally, there is a huge issue over what caseworker guidance says about the standard of proof in certain cases. As a general rule, the guidance states that caseworkers should

“take a holistic view of the claim where there is a lack of supporting evidence and decide the claim on a balance of probability.”

That is welcome and as it should be, but a list of exceptions is then provided, including claims for loss of earnings, reimbursement of private medical fees, reimbursement of international student fees and loss of access to banking. The guidance demands that caseworkers

“must be satisfied beyond reasonable doubt before making an award in these cases.”

That is the criminal standard of proof. I cannot for the life of me see why a loss of earnings claim for a Windrush victim should require to be proved to the criminal standard of proof, rather than the usual civil standard. That seems pretty outrageous, and I look forward to hearing why that is in the guidance. Members have raised various other issues with the scheme, and I look forward to exploring those in Committee.

Policing and Crime

Suella Braverman Excerpts

Wednesday 29th January 2020 Commons Chamber

[Suella Braverman (Fareham) (Con)]

I want to be the first Conservative Member to congratulate my hon. Friend the Member for Devizes (Danny Kruger) on a superlative speech, made in the best traditions of this House. I am so delighted to see a friend take his seat in this Chamber, and express such values and a worldview with which I so wholeheartedly agree. I wish him all the best in his time and service here in this House.

We have spent many months talking about policing, crime and security since the general election, and having more police in Fareham is definitely a priority for my constituents. It is almost as though the Prime Minister parachuted himself into one of the many watering holes and pubs in Fareham, sat down with a group of decent, fair-minded constituents and asked them, “What is the most important thing you want to see here in Fareham?” Had he done that, he would have been met with the response, “More police on our streets.” I congratulate Ministers and the Prime Minister on making more policing a central pledge to the British people during the general election.

I want to set out a few of the local issues relating to crime and policing that have been in my postbag in the past few months. These issues worry some of my local residents in Fareham, on the south coast. We have seen a spate of burglaries in the Locks Heath and Fareham area, and local people have been worried about the sometimes slow response from the Fareham police team. In Titchfield village, a beautiful and historic part of my constituency, where many elderly people live by themselves, there have been several incidents where properties have been vandalised late in the evening by antisocial youths. St Peter’s church had flags and flowerpots stolen by vandals a few months ago, which is a sad and depressing state of affairs in such a beautiful part of the constituency, where there is such strong community pride and commitment to our local area. In my surgery last week, I met a family who have been the victims of burglary. Their house was ransacked when they went to the cinema one evening, and thousands of pounds-worth of jewellery was stolen. They felt that their home had been demolished when they returned; they found this a traumatising and violating experience.

Those incidents have to be set against the big picture and the context, which is that, thankfully, the overall crime rate in Fareham and throughout the country fell last year, compared with the year before, thanks to the diligence and vigilance of our police. There have been other success stories locally. For example, 150 police officers were involved in five dawn raids in Fareham, Portsmouth and Southampton following a spate of ATM “explosions”—this is where an explosive gas is used to break into an ATM—with incidents having happened in Park Gate and the wider Hampshire and Surrey area. Several individuals were arrested. Fareham police are also stepping up their patrols after the increasing number of antisocial behaviour incidents, such as vandalism and use of drugs in the Fareham and Locks Heath shopping centre area, particularly in the summer months. I am pleased to hear that they are responding appropriately.

[Christine Jardine (Edinburgh West) (LD)]

I am interested in what the hon. Member is saying about the rise in crime. We have seen a rise in crime, particularly in knife crime, across specific parts of the country. Does she accept that the proposals put forward by the Government would still leave police forces short of where they were in 2010, that more officers are needed and that what is needed to deal with knife crime, in particular, is a more holistic approach? This is about health, education and investment, to prevent people from getting involved in and turning to crime.

[Suella Braverman]

I disagree with the hon. Lady’s premise that there has been a rise. In Fareham, overall and taking a long view, we are definitely seeing a fall in the number of incidents and the level of violent crime. We see that a huge investment from the Government is going to help to reassure local people, with visible policing and many more resources. I am going to deal with the particular effect of the police funding settlement on Hampshire in a moment.

Another success story from Fareham is that the local police have succeeded in arresting thieves who had been involved in several car thefts and break-ins in the Highlands Road area. There has also been a successful drugs bust in the high street, where large quantities of class A and class B drugs were seized, with a man and woman arrested on suspicion of intent to supply. I want to take this opportunity to thank and applaud the efforts of Hampshire police and the Fareham policing team.

I must also mention a game changer for policing in our local area. I had the pleasure of visiting the new eastern police investigation centre last year in Portsmouth, which represents a step change in local policing. At a cost of £31 million, a huge investment from national Government, there will be 430 officers, investigators and staff on site, with 36 custody cells. This centre will bring the constabulary forces together to enable a more efficient delivery of police services locally. It will serve Fareham, Gosport, Havant and parts of east Hampshire, providing a modern and fit-for-purpose facility. I applaud all the efforts that went into making that possible.

Finally, I cannot stand up and speak without mentioning the historic police funding settlement for Hampshire for 2020-21, under which Hampshire will receive a monumental cash injection of £366.5 million, which represents a colossal increase of 26% in cash terms on the previous year. In the first round of police recruitment, Hampshire will see 156 primed and ready police officers, and I know from speaking to many local people that they are excited and enthusiastic about the arrival of those police officers. It will be my task to make sure that a good portion of them serve Fareham. Such investment is unprecedented for Fareham and for Hampshire. The new injection of capital will undoubtedly contribute to the continuation of an overall reduction in crime.

Not only are the Government serious about maintaining security and stability, as any good Government should be, but they have outdone expectations and surpassed requirements by making this country a more protected, peaceful and prosperous place, through their huge commitment to policing.

[Several hon. Members rose—]