PARLIAMENTARY DEBATE
Windrush - 23 April 2018 (Commons/Commons Chamber)
Debate Detail
These people worked here for decades. In many cases, they helped to establish the national health service. They paid their taxes and enriched our culture. They are British in all but legal status, and this should never have been allowed to happen. Both the Prime Minister and I have apologised to those affected and I am personally committed to resolving this situation with urgency and purpose.
Of course, an apology is just the first step we need to take to put right the wrong these people have suffered, but before I get on to the steps we will be taking I want to explain how this situation has arisen. The Immigration Act 1971 provided that those here before it came into force should be treated as having been given indefinite leave to enter or remain in the UK, as well as retaining a right of abode for certain Commonwealth citizens. Although the Empire Windrush docked in the port of Tilbury in 1948, it is therefore everyone that arrived in the UK before 1973 who was given settlement rights and not required to get any specific documentation to prove those rights. Since 1973, many of the Windrush generation would have obtained documentation confirming their status or would have applied for citizenship and then a British passport.
From the 1980s, successive Governments have introduced measures to combat illegal immigration. The first NHS treatment charges for overseas visitors and illegal migrants were introduced in 1982. Checks by employers on someone’s right to work here were first introduced in 1997, measures on access to benefits in 1999 and civil penalties for employing illegal migrants in 2008, and the most recent measures in the Immigration Acts of 2014 and 2016 introduced checks by landlords before property is rented and checks by banks on account holders.
The public expect us to enforce the immigration rules approved by Parliament as a matter of fairness to those who abide by the rules, and I am personally committed to tackling illegal migration because I have seen in this job the terrible impact it has on some of the most vulnerable in our society. But steps intended to combat illegal migration have had an unintended, and sometimes devastating, impact on people from the Windrush generation, who are here legally, but who have struggled to get the documentation to prove their status. This is a failure by successive Governments to ensure these individuals have the documentation they need—[Interruption.]
I want to enable the Windrush generation to acquire the status they deserve—British citizenship—quickly, at no cost and with proactive assistance through the process. First, I will waive the citizenship fee for anyone in the Windrush generation who wishes to apply for citizenship. This applies to those who have no current documentation, and also to those who have it. Secondly, I will waive the requirement to carry out a knowledge of language and life in the UK test—[Interruption.]
On 16 April, I established a taskforce in my Department to make immediate arrangements to help those who needed it. This included setting up a helpline to get in touch with the Home Office. Let me be quite clear that this helpline and the information shared will not be used to remove people from the country. Its purpose is to help and support.
We have successfully resolved nine cases so far and made 84 appointments to issue documents. My officials are helping those concerned to prove their residence and they are taking a proactive and generous approach so that people can easily establish their rights. We do not need to see definitive documentary proof of date of entry or of continuous residence. That is why the debate about registration slips and landing cards is misleading. Instead, the caseworker will make a judgment based on all the circumstances of the case and on the balance of probabilities.
Previously, the burden of proof on some of the Windrush generation to evidence their legal rights was too much on the individual. Now we are working with this group in a much more proactive and personal way in order to help them. We were too slow to realise that there was a group of people who needed to be treated differently, and the system was too bureaucratic when these people were in touch.
The Home Office is a great Department of State—[Interruption.]
There has also been much concern about whether the Home Office has wrongly deported anyone from the Windrush generation. The Immigration Act 1971 provides protection for members of this group if they have lived here for more than five years and if they arrived in the country before 1973. I am now checking all Home Office records going back to 2002 to verify that no one has been deported in breach of this policy. This is a complex piece of work that involves manually checking thousands of records. So far, 4,200 records have been reviewed out of nearly 8,000 that date back to 2002, and no cases have been identified that breach the protection granted under the 1971 Act. This is an ongoing piece of work and I want to be absolutely certain of the facts before I draw any conclusions. I will ensure that the House is informed of any updates, and I intend to have this data independently audited once my Department has completed its work, to ensure transparency.
It was never the intention that the Windrush generation should be disadvantaged by measures put in place to tackle illegal migration. I am putting additional safeguards in place to ensure that this will no longer happen, regardless of whether they have documentation or not. As well as ensuring that the Home Office does not target action against someone who is part of the Windrush generation, I will also put in place greater protection for landlords, employers and others conducting checks in order to ensure that we are not denying work, housing, benefits and services to this group. These measures will be kept carefully under review, and I do not rule out further changes if they are needed.
Now I will turn to the issue of compensation. As I said earlier, an apology is just the first step we need to take to put right these wrongs. The next and most important task is to get those affected the documents that they need. But we also do need to address the issue of compensation. Each individual case is painful to hear, but it is so much more painful, and often harrowing, for the people involved. These are not numbers, but people with families, responsibilities and homes—I appreciate that. The state has let these people down, with travel documents denied, exclusions from returning to the UK, benefits cut and even threats of removal—this, to a group of people who came to help build this country; people who should be thanked.
This has happened for some time. I will put this right and where people have suffered loss, they will be compensated. The Home Office will be setting up a new scheme to deliver this which will be run by an independent person. I will set out further details around its scope and how people will be able to access it in the coming weeks.
I am also aware that some of the individual cases that have come to light recently relate not to the Windrush generation but to people who came to the UK after 1 January 1973. These people should have documentation to confirm their right to be here, but I recognise that some will face similar issues in documenting their rights after spending so many years in this country. Given that people who have been here for more than 20 years will usually go on a 10-year route to settlement, I am ensuring that people who arrived after 1973, but before 1988, can also access the Windrush taskforce, so they can get the support and assistance needed to establish their claim to be here legally. I will consider further, in the light of the cases that come forward, whether any policy changes are needed to deal fairly with these cases.
I have set out urgent measures to help the Windrush generation document their rights, how this Government intend to offer them greater rights than they currently enjoy, how we will compensate people for the hardship they have endured and the steps I will take to ensure this never happens again. None of that can undo the pain already endured, but I hope that it demonstrates the Government’s commitment to put these wrongs right going forward.
Ministerial maladministration sometimes occurs because officials act in error, and sometimes it is a question of unforeseen circumstances, but the problem with the plight of the Windrush generation is that it was foreseeable and it was foreseen. People inside the Department and Members of this House have tried to draw the Government’s attention to it. The key was the Immigration Act 2014, which removed protections for Commonwealth citizens, who had up until then been exempt from deportation. I spoke about that and explained the situation to Ministers, my right hon. Friend the Member for Tottenham (Mr Lammy) voted against it, and the current leader of the Labour party, my right hon. Friend the Member for Islington North (Jeremy Corbyn), voted against it, but Ministers paid no attention.
Four years ago, an internal Home Office memo found that the “hostile environment” could make it harder for foreign nationals to find homes and could provoke widespread discrimination. Furthermore, the then Tory Secretary of State for Communities and Local Government said:
“The costs and risks considerably outweigh the benefits.”
Let me repeat those costs for the benefit of the Home Secretary: patriotic Commonwealth citizens treated like liars; benefits cut; healthcare denied; jobs lost; and people evicted from their housing. Whether they were deported, refused re-entry or detained, these people were separated from family and friends in breach of their human rights. This was a system where people who had come here, very often as young children, were required to show four pieces of original documentation for each year they were supposedly in this country. Who could have believed that that was a sustainable or fair situation? As I said, the situation we are in is not a surprise to Ministers or their officials because Member after Member has written to the Home Office to try to draw its attention to these cases.
There are elements of the Home Secretary’s statement that I welcome. I welcome the waiving of the citizenship fee; I welcome the waiving of the requirement to carry out the knowledge of language and life in the UK test—some of these people, having been in the UK all their life, would almost certainly pass that test with flying colours. I welcome the waiving of the naturalisation fee for children and, in particular, I welcome allowing people who have retired from this country to return, with the cost of their fees waived.
The Home Secretary talks about the problems of legislation, but she is not suggesting changes in legislation. It would be easy, for instance, to restore the protections for Commonwealth citizens that existed prior to 2014. There is no detail on compensation, but she will understand that Opposition Members will be pursuing the point. It is important that the compensation is not a token sum but properly reflects the actual costs and the damage to family life caused by this policy.
I am glad that Ministers have thought better of their early position of refusing to provide data on deportations. They told my hon. Friend the Member for Wolverhampton North East (Emma Reynolds) in January that providing information on deportations and detention would
“require a manual check of individual records which could only be done at disproportionate cost.”
I am glad that the Home Secretary has thought better of that position and is now undertaking a manual check of deportations, but what about people in detention? I visited Yarl’s Wood and met women in exactly this position who have been detained for very many months.
The Home Office must know who it has in detention. [Interruption.] The Home Secretary shakes her head: you must know who you have in detention, and you must know why they are there. I am asking the Home Secretary to produce the figures on those members of the Windrush generation who are in detention.
As for the Home Secretary’s new customer care centre, we will see how that works. Will it have new staff, or will the staff be transferred from elsewhere in immigration and nationality? I share her care for illegal immigrants, many of whom are exploited by employers. The women are subjected to domestic violence. They live frightened and miserable lives. We are pursuing this issue because of our concern for our constituents who are Commonwealth citizens and legally here.
The Home Secretary need not believe this ends here. Coming up behind the Windrush cohort is a slightly later cohort of persons from south Asia. In the next few years, even though they have lived here all their life, even though their children are British and even though they have worked all their life, they will be asked for four pieces of data for every year they have been here, and they will be subjected to the same humiliation as the Windrush generation.
There was a meeting in the House of Commons on Thursday night for people in the community who are concerned about this issue. We had advertised the meeting for just two days and 500 people came. They packed out four Committee Rooms, and we had to turn away hundreds more. The Home Secretary must understand how upset communities are about what has happened to this generation. They feel it reflects something of the way this Government regard the entire community. [Hon. Members: “Rubbish!”] Well, let me say this: my parents, brothers, sisters and cousins have largely worked in the national health service, in factories and in London transport, and I always remember one of my uncles saying to me with tremendous pride that he had never missed a day of work. This is a generation with unparalleled commitment to this country, unparalleled pride in being British and unparalleled commitment to hard work and to contributing to society, and it is shameful that this Government have treated that generation in this way.
The right hon. Lady challenged me on some of the comments I made earlier. I just want to be clear again, if I may, that this group of people should have had their legal status formally given to them a long time ago. She will have seen, as I did, that some of the references of the individuals who have been so heartbreakingly let down were made before 2010; they happened when people tried to travel—[Interruption.] She may have voted against some of those provisions, but this has not just happened overnight. Unfortunately, the fact is that this group of people, whose proper, formal legal status should have been put in place any time from 1973, fell foul of that, bit by bit, more and more, as Government after Government took different and more formal steps to make sure that we protect people from illegal migration. There is legal migration and there is illegal migration, and the group we are talking about were part of legal migration. The steps I am putting in place now are going to make sure that they have the formal status that they should have had a long, long time ago.
Business, including the director general of the CBI, has asked for an immigration policy that puts people first, not numbers. EU nationals currently in the UK can see from the example of the Windrush generation that decades of contributions to these islands have made absolutely no difference to the application of the “hostile environment” policy and they are right to fear for their position after Brexit. What comfort can the Home Secretary give those EU nationals?
In the meantime, the Home Secretary has used Home Office staff as a shield to hide from criticism and, in turn, she is being used by the Prime Minister, not for the first time, as a human shield to protect the Prime Minister from the repugnant consequences of policies that the Prime Minister authored. The time has come for this Home Secretary to bite the bullet: will she emerge from the shadow of the Prime Minister, scrap her predecessor’s “hostile environment” policy and unrealistic immigration targets, and instead commit to an ethical, evidence-based immigration policy? Or, if, as a member of the current Government, she feels unable to do that, will she stop acting as a human shield for the Prime Minister, have the decency to resign and go to the Back Benches to fight against these disgraceful immigration policies, which are bringing these islands into disrepute across the world?
The hon. and learned Lady asked about EU citizens. We have prepared a new form of identification that will be simple and easy to use and that anticipates the sort of problem that occurred in this case. All EU citizens will be able to have their own identification, so the more than 3 million people who will be eligible, as well as those who come during the implementation period, will be able to access that and have secure identification, which will be so important. I want to make sure that we can reassure those EU citizens that they are welcome and can stay and that this case has absolutely no bearing on what would happen to them.
I also reassure the hon. and learned Lady, and the rest of the House, that most other European countries have some form of registration system for other EU citizens. We do not have that in this country, but most EU citizens are familiar with the requirement to register in order to be part of the community and to enjoy the sort of rights that we do.
I welcome, of course, what the Home Secretary has said today, but I remind her that many others were also born under the empire. They are from countries such as Bangladesh, Pakistan, India, Nigeria, Ghana and Uganda. Many of these people have temporary leave to remain or indefinite leave to remain. It is unfair; they were born under empire; many have been here for generations. So in her review and in looking closely at policy, will she look particularly at all those Commonwealth people? If the Commonwealth is to mean anything, it is to mean common wealth.
The Home Secretary is also not addressing the wider problems. The Home Affairs Committee has warned repeatedly about failures and errors in decision making, about people being pursued who are legally here and about the fact that half of appeals, not just in Windrush cases, are being upheld because the Home Office is getting things wrong. There is a real and widespread concern that there is a culture of disbelief in the Home Office and that changes to the burden of proof have been created by the Government’s net migration target and the desire to get as many people to leave as possible. Will she remove all of that concern by saying now that she will get rid of the net migration target, as the Select Committee has advised?
The vast majority of children who were born here to people of the Windrush generation will have birth certificates and will be eligible, but we have a system in place to make sure that they are assisted as well. I encourage any MPs who have constituents who fall into that group to phone the taskforce as well.
The right hon. Lady asks me to talk more widely about net migration targets, but I will resist that at the moment. The key thing here—[Interruption.] Even though some Opposition Members would like to broaden this, the key thing is to make the careful distinction between legal and illegal. This has gone wrong where people who should be legal have not been treated as such, and that is why I am putting it right.
However, Mr Speaker, you do not want speeches; you want questions. Perhaps we should have that debate, though. My question to the Home Secretary is this: will she now ensure that there is a change of culture among her officials so that they now see people as people, not numbers?
On the compensation for which the hon. Lady asks, as I have said, we are launching the compensation scheme, but I need to consult on it first, appoint someone independently and make sure that it addresses the issues she raises. On the actual applications being made now to the taskforce, while I was there this morning I listened in to some calls and the way in which the callers are engaging with the border people helping them has been very constructive. They do not need to have lawyers: in this process we have put in place, there will be no need for lawyers to engage.
“who are already rogues will not obey the law—and will make…money…by increasing rents/compromising on health and safety for tenants who cannot complain.”
Was it not clear then that that policy would never work, and should it not be scrapped now, along with the “hostile environment”?
“From July last year we saw an unprecedented level of intake in Members’ written correspondence about immigration matters”?
That is hardly a surprise. Why is it such a surprise to the Home Secretary?
“should the department find they did not have a right to Citizenship…then…they could look at other possibilities”.
Does she understand the depth of the lack of trust in her Department among members of the Windrush generation, will she assure the House that no enforcement action will be taken on the basis of phone calls to the helpline, and will she say what she is doing to rebuild the trust and confidence of people who are so fearful that they do not even want to give their names to her Department?
Let me take this opportunity to thank not only the right hon. Member for Tottenham (Mr Lammy) for the good work that he did, but the various media outlets which relentlessly exposed the situation of which these individuals had been on the receiving end. It is their extraordinary work that has led to this sea change in the protection of the Windrush cohort, and the changes that will be made in the future.
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