PARLIAMENTARY DEBATE
Windrush Compensation Scheme - 23 June 2020 (Commons/Commons Chamber)
Debate Detail
Yesterday, we celebrated Windrush Day, which marks the 72nd anniversary of the arrival of the Empire Windrush at Tilbury docks. The ship carried hundreds of people who had left their homes to build a new life in the United Kingdom, and to help this country rebuild following the destruction of the second world war. These men and women built their lives and went on to build their homes in the United Kingdom. They, with many thousands of others who made similar journeys, and their descendants, have made an immeasurable contribution to the social, economic and cultural life of our country. When Britain was in need, they answered the call.
Yet as we all know, they were the very people who went on to suffer unspeakable injustices and institutional failings spanning successive Governments over several decades. I have apologised for the appalling treatment suffered and, on 19 March, I made a statement after I received the long awaited Windrush lessons learned review from Wendy Williams. I have apologised for the appalling treatment suffered by the Windrush generation.
The review was damning about the conduct of the Home Office and unequivocal about the
“institutional ignorance and thoughtlessness towards the…race and the history of the Windrush generation”
by the Department. There are serious and significant lessons for the Home Office to learn in the way it operates. The permanent secretary and I are currently reviewing its leadership, culture and practices, and the way it views and treats all parts of the community it serves.
These reforms are only the start. I was clear that when Wendy Williams published her lessons learned review, I would listen and act. I have heard what she has said, and I will be accepting the recommendations that she has made in full. I am committed to ensuring that the Home Office delivers for each part of the community it serves, and I will come back to update the House before the summer recess on how we will be implementing the recommendations. I look forward to discussing the plans further with Wendy this week.
We have been working tirelessly to support the most urgent cases and those most in need. In April 2018, the Home Office set up the Windrush taskforce to ensure that those who needed documentation immediately could get it. A month later, the Windrush scheme was launched, providing free citizenship to those eligible for it.
The Home Office has a dedicated vulnerable persons team in place to provide immediate support to people suffering with a range of vulnerabilities, including the financial hardships and destitutions that have been well documented. The team also administers the urgent and exceptional payments scheme, which provides immediate financial payments. To the end of March this year, the team has made 35 payments, totalling more than £46,000.
Work is continuing unabated to ensure that those who suffered receive the documentation and the compensation that they need. So far, more than 12,000 people have been granted documentation by the Windrush taskforce, including more than 5,900 grants of citizenship, and the compensation scheme continues to make payments to compensate the losses and impacts that individuals suffered as a result of not being able to demonstrate their lawful status. The scheme was set up and designed with the backing of Martin Forde QC, in close consultation with those who were affected by the scandal, and in February I announced that I would extend it until April 2023 to give those who need our help as much time as they need to apply.
We are continuing to process individual claims as quickly as possible. The first payment was made within four months of the scheme’s launch, and many interim awards are being made where parts of the claim can be resolved more easily and more quickly than others. But let me be clear: it is not a blanket one-size-fits-all scheme. It was deliberately designed with community leaders and Martin Forde QC so that the claimant is at the heart of each and every claim.
Cases deserve to be processed individually with the care and sensitivity that they deserve, so that the maximum payment can be made to every single person. I simply will not call for targets when it comes to dealing with claims. These are incredibly personal cases—individual cases—that must be treated with the care, the dignity and the respect that they deserve.
I want everyone who has been wronged to get the maximum compensation to which they are entitled, and through this bespoke scheme, we are working to achieve that. This compensation covers a very wide range of categories—far more than any comparable compensation scheme. It covers immigration fees; it covers loss of earnings; it covers benefits; it covers homelessness; it covers destitution. Overall, it covers 13 separate categories. Assessing claims in this way is ultimately beneficial to those who are making them, but it takes time to assess them and it takes time to get it right. While claims are being processed in full, many interim and exceptional payments have been made to make sure that people have access to money—to the funds that they need now.
Clearly, I share the desire to see more claims completed. The rate of claims has already increased significantly in the past few months: as of the end of March, more than £360,000 had been awarded, and further offers have been made of approximately £280,000. I can confirm today that more than £1 million has been offered in claims so far, and more payments and offers are being made each week, but we can—and of course we must—do more. My determination to right the wrongs and the injustices suffered by the Windrush generation is undiminished, and I will do all I can to ensure that more people are helped and more people are compensated in full. If additional resources are needed, they will be provided.
Now is the time for more action. We all have a duty to help those affected by this terrible injustice. Individuals will benefit from the compensation scheme only if they are sought out and encouraged to apply. We are working extensively with community groups and leaders to raise awareness of the Windrush taskforce and the compensation scheme, including among vulnerable people through the vulnerable persons team. Anyone who needs help or support to make a claim will receive it. The Home Office has funded Citizens Advice to provide free independent advice and support, and has hosted or attended more than 100 engagement and outreach events throughout the United Kingdom. As Members know, my door is always open, so I urge them to ensure that their constituents’ cases or concerns are raised immediately with my team and me so that they are progressed and resolved.
Throughout the coronavirus pandemic, I have made sure that no one is left behind. Working with community leaders, I have launched a digital engagement programme so that outreach can continue despite the current social distancing measures. The first virtual support event was held on 21 May, and on 19 March I announced a dedicated new communications campaign to promote the Windrush schemes, as well as a £500,000 fund for community organisations to run outreach, promotional and support activities to increase awareness.
We know, however, that there are a range of other issues and injustices affecting the Windrush generation and their families. Yesterday, I announced a new Windrush cross-Government working group, which I will co-chair with Bishop Derek Webley. The group brings together community leaders with senior representatives from a number of Government Departments to address the challenges faced by the Windrush generation and their descendants, spanning programmes on education, work, health and much more. The Prime Minister and I spoke to members of the group yesterday to discuss many of the actions needed and to deliver solutions. The first formal meeting of the group will take place this Thursday. I look forward to taking the work of the group forward, alongside the inspirational co-chair, Bishop Webley.
Northing can ever undo the suffering experienced by members of the Windrush generation. No one should have suffered the uncertainty, complication and hardships brought on by the mistakes of successive Governments. Now is the time for more action across the Government to repay that debt of gratitude and to eliminate the challenges that still exist for them and their descendants. Only then can we build a stronger, fairer and more successful country for the next generation. I commend this statement to the House.
I would like to start by celebrating the enormous contribution the Windrush generation and their families have made. The arrival of the Empire Windrush at Tilbury docks in 1948 was an important moment in our nation’s history: people from the Caribbean answering the call to help to rebuild a nation recovering from the second world war. Since then, the Windrush generation and their families have had a huge impact on every facet of national life: our NHS, our transport system, across public and private sectors, the arts, culture, religion and sports. But we also know that many who made new lives here did not get the welcome they were expecting. Many faced appalling racism, were locked out of jobs and homes, and were subject to terrible abuse in the streets.
We may have hoped that all aspects of that had been consigned to the past, but 70 years later we have seen an incredibly strong reaction to the Black Lives Matter movement’s call for change here in the UK, and little wonder. Compounded injustices over generations have created deep frustrations and hurt. The brave testimonies that black people have shared about the impact racism has on their lives and their family histories has underlined that there is an undeniable case for action. Addressing unfairness and injustice begins at the door of the Home Office, with the appalling mistreatment of the Windrush generation.
The Windrush scandal is a cause for national shame and the Wendy Williams lessons learned review is a damning indictment. It exposes callousness and incompetence that caused deep injustice, while making clear the impact of jobs lost, lives uprooted, and untold damage done to many individuals and families. The review sets out 30 important and urgent recommendations, a number of which speak to a deeply worrying culture that has been allowed to develop over the past 10 years. Frankly, it is shameful that one of the recommendations called for the Department to develop
“a clear purpose, mission and values statement”
rooted in
“fairness, humanity, openness, diversity and inclusion”,
and that such a statement was not in place already. There are also recommendations which show the work required on issues relating to race and the need for better community outreach and engagement. It is, frankly, shocking that it took a scandal on this scale to bring such core failings to light.
I welcome what the Home Secretary said about accepting all 30 recommendations, but the reality is that we need yet another statement before the summer recess before we even move towards implementation, when this report has been available since March. I welcome the commitment to appointing Bishop Derek Webley as co-chair of a cross-party working group, but that cannot be a substitute for action. The truth is that we have to see far more in the way of action from this Government to give the impression that they actually take this issue seriously. That is why we will be looking very carefully at the Government’s response to the recommendations of the Williams review. As with the Lammy review, I am afraid that the Government too often call for reviews; they are too slow to act and too slow to right the wrongs. The Government’s Windrush compensation scheme managed to compensate just 60 people in its first year of operation. The Home Secretary talked about more progress today, but she must know that that rate of progress is just too slow, given the number of years that have elapsed since the scandal first came to light and the fact that the scheme has already been in operation for over a year.
It is little wonder that the reception was so bad for the Prime Minister’s recent announcement of yet another review on racial inequality, when the case for urgent action and the steps needed are abundantly clear. The reality is that, yet again, the Prime Minister was found wanting; in an important national moment, it is always words, not action. The anniversary of Windrush is an opportunity to celebrate and thank the Windrush generation, but while injustices persist, this is not enough. To ensure that such a national scandal never happens again, surely the Home Secretary must accept that the time for action is now.
Of course, that will take time. There is no silver bullet to do this overnight, but the first step that we can take is to ensure that we continue to work together collaboratively across our society and across Government to tackle the injustices that were suffered. That is my mission, that is my aim and that is why I am accepting the recommendations. I think it is right, as I said back in March and as I have said in previous statements, that I continue to speak to Wendy Williams, which I am doing this week, and to work with her and with people in the Home Office to implement the recommendations in the right way. In fact, when the report was published earlier this year, Wendy Williams herself said that we should not just come out and accept the recommendations, but work through them. That is exactly what we are doing. That is the right response. That is the responsible way in which we do this, to understand the delivery.
The hon. Gentleman referred to the compensation scheme, and I agree: the payments and the way payments have been made have been far too slow. I am not apologising for that at all. I have outlined in my statement that it is right that we treat each individual with the respect and dignity they deserve. These are complicated cases. In fact, last week when I was here in the House answering oral questions, the issue came up and I put the offer to many hon. Members on the Opposition Benches to come into the Home Office and to spend some time with our casework team in order to understand the complexities of the various cases, particularly constituency cases that they themselves may have raised. That offer is absolutely open to each constituency Member of Parliament. They should come in and look at the case handling. These are bespoke cases, and each one is handled in a sensitive way.
For the benefit of Members who are not aware of this, let me explain that when offers of payments are made to individuals, those individuals have a period to consider the payment they are being offered. If they would like to discuss the payment or if they decline it and want a review, that review is conducted not by the Home Office but by HMRC, an independent body. Again, it takes time for HMRC to do the review, but that is the right approach. It was agreed with Martin Forde and the individual stakeholders who were consulted before the scheme was set up.
My final point in response to the hon. Gentleman is that, although we know that the Windrush generation has faced many, many injustices, recent events have shone a spotlight on a whole range of injustices across many communities in our country. The Prime Minister’s new commission is very much looking at how we can level up and at how we can address and tackle those injustices. We should be doing that collectively as a House, working together in a responsible way to look at how we can support individuals, communities and minority groups of all faiths and backgrounds. That is the right thing to do, and I hope that all Opposition Members, including the hon. Gentleman, will work in a collaborative and constructive way to move forward on these issues.
I am concerned that, in today’s statement, the Home Secretary does not unequivocally commit to the sort of root and branch review of the hostile environment policy recommended by the lessons learned review. It is all very well to agree that black lives matter, but actions speak louder than words, and the reality is that many of this Government’s immigration policies continue to have disproportionate impacts on black, Asian and minority ethnic communities. If the Home Secretary does not carry out a root and branch review of the hostile environment policy, this will continue.
The Joint Council for the Welfare of Immigrants has correctly identified that policies such as the right-to-rent scheme, which outsource the enforcement of immigration control to untrained members of the public, cannot be adequately reformed in such a way as to avoid the sort of discrimination that we have seen result. It is these policies that have resulted in real suffering for people from the Windrush generation and beyond, with people losing their jobs, unable to rent their homes and denied hospital treatment, including treatment for serious diseases such as cancer.
Can the Home Secretary tell us, in direct terms, that she will be carrying out the review of the hostile environment that was recommended by Wendy Williams? Wendy Williams said that the review should approach the measures of the hostile environment individually and cumulatively and demonstrate a plan to mitigate any particular cohorts impacted. She said that the review must be carried out with reference to equality law and the public sector equality duty. There have been calls for the right-to-rent scheme to be paused in the meantime and for the Government to consider pausing all other hostile environment measures until their effectiveness and impact can be evidenced. Will the Home Secretary state unequivocally for the record that this review of the hostile environment policy will happen, and will she give us a timescale today? Will she tell us whether the measures, such as the right-to-rent scheme, will be paused pending the outcome of the hostile environment policy? Finally, if assisting victims of the Windrush scandal is so complicated, why not extend legal aid to the lawyers who are trying to help them? That would be far more effective than inviting Members of Parliament into the Home Office.
The point that I make to the hon. and learned Lady is that Wendy Williams was clear in her report that lessons must be learned at all levels by all political parties. She described very clearly—I appreciate that the hon. and learned Lady is selectively quoting and reading from Wendy’s report—a set of measures that evolved under Labour Governments and the coalition and under Governments covering decades.
The reasons the scandal occurred are more complex and can be traced back not just to the Department. The root causes can be traced back to legislation from the 1960s and 1980s, much of which is complex. I appreciate that the hon. and learned Lady has not fully read the report and is quoting selectively. As I said, I will come back to the House before the summer recess to discuss the specifics as to how we will be implementing—
My hon. Friend is absolutely right when it comes to the compensation scheme, which is complex. The Home Office is spending resources and time looking at how cases can be delivered and dealt with in a respectful way to ensure that individuals’ situations are fully assessed and that there is an accurate assessment of how they themselves experienced the injustices that took place through the Windrush scandal. It is right that we treat everybody with respect and dignity in the handling of their case. That is my objective, and he will have heard today that the money that has already been offered has now reached £1 million. Significant sums of money are being offered to individuals.
It is right that we take the time to provide the compensation in the right way. We have a good scheme in place. We have a scheme that was developed by Martin Forde, QC, in consultation with other stakeholders, and many of those stakeholders suffered the injustices of the Windrush scandal themselves.
Does the right hon. Lady accept that keeping people in hardship and waiting in limbo like this compounds the injustice that they have already felt? Will she tell the House how many cases have now received payments? What proportion are still outstanding? Is it true that that is still over 90%? How many people have been waiting more than a year? Will she increase the staffing of the compensation unit, so that we can urgently get people support and compensation for the injustice that was so wrongly meted to them?
I have been specifically told by the permanent secretary overseeing this at the Home Office that additional resources are not required for the Windrush compensation claim team. I check that every single week. These claims take time, for the reasons that I have outlined. The right hon. Lady is right about the gap in time for people who need help and support, which is why we have the vulnerable persons team, who are resourced to effectively triage and provide support, equipment, help and funds in the way I have outlined. I will get to her the details for which she asked for her Committee, and if she wishes to raise any specific cases with me, which I think she outlined in her letter, I will be more than happy to look at those and see what stages those claimants are at.
There are plenty of examples in the report, as stated by Wendy Williams, showing that lessons should be learned by all political parties. In fact, the report contains quotes attributed as far back as 2009—to a previous Labour Government—on the hostile environment. There are many quotes with regard to members of the then Labour Government who expressed a desire to make the UK a hostile environment, including wanting to make those living here illegally ever “more uncomfortable” and referring to the need to flush out illegal immigrants. That is the type of language that, right now, we should not be using.
I hope that the hon. Gentleman, having listened to my statement, understands the complexities around individual cases, and how we are working to get justice and provide compensation to individuals. That approach is the right one. It has been based on stakeholder engagement with victims from the Windrush generation. I am very sorry that he has chosen to politicise the issue in such an unhelpful and unconstructive way.
“What will make this review different is if, in 12 to 24 months’ time, we can see evidence of deep cultural reform, with changes in behaviour at all levels and functions throughout the organisation”—
the Home Office. What does the Home Secretary think that reform and change will look like? How confident is she of the capacity in the Home Office actually to deliver it, particularly given the other current pressures?
There is a long way to go internally in the Home Office. The review will lead not only to culture changes but to changes in working practices. At a leadership level, I feel very strongly about ensuring that the Home Office is far more diverse and representative of the community that it serves. Sadly, at this particular stage, across all leadership functions, it simply is not. There is a long way to go in terms of making that change, and that is something that I am absolutely determined to make sure happens.
I come back to my core point: there is more work to do in terms of compensation. I am determined to make sure that people get the compensation they deserve, but to achieve that, we have to work with each and every individual to understand the circumstances that have affected them.
“customary one, and not a legally recognised one”.
When it found out that his siblings had passports, it said:
“If it transpires that the passports were issued in error, then it will ultimately be a decision for Her Majesty’s Passport Office as to whether or not the passports can be retained”.
The Home Secretary blames consecutive Governments, but blame lies firmly at the feet of this Tory Government. My constituent is over £60,000 out of pocket. He has had his claim in for compensation for nearly two years. When will he receive his money?
“I don’t think I have the strength to keep going any more”.
We have been pursuing her compensation claim for almost two years. Complexity is not a good enough explanation for the delay. Can the Home Secretary please tell me: is it a deliberate element of her Government’s hostile environment policy, or is her Department simply dysfunctional?
As for how we continue to engage with members of the community, that is exactly why we have such extensive outreach work. We are supporting Citizens Advice and other third-party organisations, and funding community activities and groups to have outreach to ensure that people feel they can come forward. The House has already heard me say that, in addition to the cases that Members have raised directly, there are many other individuals who have yet to come forward. That is why we are doing extensive community engagement and outreach work.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.