PARLIAMENTARY DEBATE
Windrush Lessons Learned Review - 21 July 2020 (Commons/Commons Chamber)
Debate Detail
I apologised unreservedly for the injustice, hardship and suffering of members of the Windrush generation at the hands of successive Governments. I promised to listen and act to reform the culture of the Home Office to better represent all the communities we serve. Last month, I announced that I accepted the review’s important findings, and said that I would come back to the House to update all Members on the progress in implementing the recommendations.
After years of injustice and countless warm words, the Windrush generation deserve to know that action is urgently under way. Over £1.5 million has now been offered by the Windrush compensation scheme. Bishop Webley and I launched and hosted the first meeting of a new cross-government Windrush working group to address the wider inequalities affecting the Windrush generation and their families.
Three sub-groups have now been established to look at how we implement the recommendations, how to design the new community fund and how best to work with the new Commission on Race and Ethnic Disparities. That group is also advising on our new communications campaign to encourage more people who were affected to come forward. I put on record my thanks to Bishop Webley and to everyone involved for their ongoing support not only as we implement the findings from the lessons learned review but as we come together to improve our engagement, our communication and our outreach to the communities affected. This is just the beginning.
Urgent and extensive work is taking place across the Home Office and beyond on all the recommendations. Together, the permanent secretary and I are reviewing every aspect of how the Department operates, its leadership, the culture, policies and practices, and the way it views and treats all parts of the communities it serves. My ambition is for a fair, humane, compassionate and outward-looking Home Office that represents people from every corner of our diverse society, which makes our country great. That means confronting Wendy Williams’ findings head-on to deliver lasting change.
To deliver that change, we have divided the recommendations into five parts. Our approach, which Wendy Williams has welcomed, will ensure sweeping reforms to our culture, policies, systems and working practices, reaching across the entire Department. We are consulting external experts, community organisations and the very people the Home Office has failed in the past in an extensive programme of engagement to ensure that officials understand the change that is needed and that the organisation at every level learns the lessons of what went wrong. I have been clear to my officials that it is not a box-ticking exercise. A delivery plan has been drawn up to ensure meaningful and rapid action. We are embracing the need to change our culture across the board, and in many cases we are going further than the recommendations that Wendy has made.
I will now set out just some of the work under way on the recommendations under each of the five themes. The first is righting the wrongs and learning from the past. I have apologised unreservedly to the Windrush generation, but sadly, we know that their faith and trust in those who sit on both sides of the House has been badly damaged over many years. A series of reconciliation events will be held to rebuild the relationship between the Home Office and those who were affected. That is an essential step to enable people whose lives were shattered by Windrush to articulate directly the impact that this scandal has had on their lives.
We must learn from the past. Mandatory training is being introduced for new and existing members of Home Office staff to ensure that everyone working in the Department understands and appreciates the history of migration and race in this country. Every single existing or new member of Home Office staff will be required to undertake that learning. We are going further by introducing a new process to ensure that all new policies are developed in an inclusive way, factoring in the cultural and historical context, and with effective mechanisms to monitor and, where necessary, resolve any concerns.
Secondly, we will create an inclusive workforce in the Home Office. The Home Office must reflect the diverse communities that it serves at every single level. There are simply not enough black, Asian or minority ethnic staff working at the top in senior roles, and there are far too many times when I am the only non-white face in the room. Action must happen now, so I am introducing more diverse shortlists for senior jobs, specialist mentoring and sponsorship programmes to help develop a wider pool of talent and drive cultural change. While it is reassuring that the Home Office is on track to meet its aim of 12% black, Asian and minority ethnic representation in senior roles by 2025, my ambition is to go further, because the Department cannot truly reflect the communities it serves unless it represents the people within them. Protecting, supporting and listening to every single part of the community that the Department serves is a vital lesson to be learned.
Thirdly, I am changing the Home Office’s openness to scrutiny. Policy and decision making must be rigorously examined to ensure that any adverse impact on any corner of our society is identified and acted on quickly. To ensure that we better understand the groups and communities that our policies affect, we are overhauling the way in which we build up our evidence base and engage with stakeholders across the board. I expect my officials to engage with community organisations, civil society and the public, and I will be looking for evidence of that in every piece of advice that Ministers receive.
Wendy Williams was clear that a lack of insight into the community’s experience meant that the Home Office missed opportunities to anticipate the Windrush scandal. She stated that
“Officials could and should have done more”.
She effectively said that we must all do better at walking in other people’s shoes. I will overhaul the Department’s risk management framework so that we can identify problems sooner, understand the unintended consequences of decisions for people and communities and keep protection of the public at the heart of what we do. That will give officials the knowledge, understanding and responsibility to raise risks and concerns, rather than hide them, and ensure that they are listened to and acted on.
Fourthly, there will be inclusive and robust policy making. It is key that we build institutional memory and reflect past learnings and experiences when setting out new approaches. Mandatory training on the public sector equality duty and the impact assessment process is being rolled out across the Department, including for the most senior staff. As well as considering the equalities impact, all impact assessments and submissions to Ministers must address the risks to vulnerable individuals and groups.
The final and most critical theme is a more compassionate approach—people not cases. This is at the heart of ensuring that nothing like the injustices faced by the Windrush generation can ever happen again. The injustices of Windrush happened not because Home Office staff were bad people but because staff themselves were caught up in a system in which they did not feel that they had the permission to bring personal judgment to bear. I have heard from victims directly when they have spoken of decision making as a process—a process that ground people down and lacked compassion towards the very people who should have been supported. I have heard people speak of being dismissed as if they just did not matter and their voices were irrelevant.
Putting people first will be built into the reforms that we make. Everyone making decisions must see a face behind the case. We must feel empowered to use our own discretion and pragmatism in decision making. The overwhelming majority of the British public agree that it is right that those with no legal right to be in this country must not be allowed to exploit the system, but we must protect the law-abiding majority. To build and maintain public confidence in the immigration system, it should not be easy for those here to illegally flout the rules, but we must make sure that we have the right protections in place for those whose status should have been assured. We need a system that is fair.
What happened to the Windrush generation is unspeakable, and no one with a legal right to be here should ever have been penalised. I have tasked my officials to undertake a full evaluation of the compliant environment policy and measures, individually and cumulatively, to make sure that the crucial balance is right. I have asked them to evaluate the changes that were made to immigration and nationality laws over successive Governments to ensure that they are fit for purpose for today’s world. If those changes were not communicated effectively enough, we will act to make them so. Have no doubt that where we find problems, I will seek to fix them, but equally, be under no illusion that if people are here wrongly or illegally, then naturally we will act.
We are determined to get this right. We owe it to the Windrush generation and, of course, their descendants. Wendy Williams has asked that we carefully consider our next steps to deliver both meaningful and lasting change. I will deliver on that commitment and continue to update the House. In September 2021, Wendy Williams will return to the Home Office to review our progress. I am confident that she will find the start of a genuine cultural shift within the Department—a Home Office that is working hard to be more diverse, more compassionate and worthy of the trust of the communities it serves. I commend this statement to the House.
The review powerfully exposed some of the terrible situations that people were forced into. Gloria, who had been in this country since she was 10, lost her job as a care worker as she was unable to renew her passport and prove her identity. Pauline, who came to the UK at 12 and qualified as a social worker, went on a two-week holiday to Jamaica that became an 18-month nightmare; she was detained and refused UK re-entry, losing her home and her livelihood. These are just two examples of the lives devastated by this scandal, and it is all the more shocking that just 60 people received compensation from the Windrush compensation scheme in its first year of operation.
Ministers must get a grip of the scheme. The review is clear that the Home Office should be more proactive in identifying people affected and putting right any detriment detected, with a focus on identifying people from elsewhere in the Commonwealth who may have been affected. Will the Home Secretary confirm today how many people the Home Office estimates are eligible for the Windrush compensation scheme? As of today, how many have applied? Of those, how many are from Commonwealth countries or related to them, and how many are from other countries—the category that arrived before 31 December 1988—and are now settled here? Will she explain why the published number of applicants seems so low, given the scale of the injustice? What does she expect the average turnaround time of a claim to be?
The Home Secretary mentioned in her statement that more than £1.5 million had been paid out. It is also the case that some people who were deemed eligible for the scheme early last year still have not received their compensation; for them, every day without that money continues to be a struggle. Will the Home Secretary also tell us which Minister is in charge of the scheme?
I turn to the other recommendations, of which there are 30 in total. Wendy Williams said:
“The department should publish a comprehensive improvement plan within six months of this report”.
The Home Secretary mentioned a delivery plan in her statement, but can she now confirm that, in line with the recommendations, she will publish it immediately? Another recommendation was that the Home Secretary should
“undertake a full review and evaluation of the hostile…environment policy…individually and cumulatively.”
The Home Secretary did mention that review, but can she tell us when she expects it to be completed? Wendy Williams’s review also recommended the creation of a migrants commissioner. What powers will the commissioner have, what budget will they control and when will the recruitment process for that vital post begin?
Nobody disagrees that the Home Office should be fair, humane and outward-looking, but the Home Secretary said at a recent meeting of the Home Affairs Committee that Wendy Williams was only a
“fraction away from calling the Home Office institutionally racist.”
Can I ask the Home Secretary how she felt about that? In view of that, what are her reflections on the decade for which the Conservative party has been in charge of the Home Office? The truth is that the Government are so little trusted in this area that it is vital that we maintain maximum scrutiny. The Black Lives Matter movement highlighted the need not just to recognise the discrimination and racism that black people continue to face, but to demand action.
Given their failure to act on so many previous reviews, the Government are falling woefully short on action. That is why we will be holding them to account for delivering the vital changes outlined in the report with the urgency that is required. Is not the truth that the Windrush generation, who gave so much to rebuilding the country after world war two, deserve nothing less, and future generations deserve so much more?
“evolved under the Labour, Coalition and Conservative Governments”
receive the compensation that they deserve.
It is a fact that the injustices will not be resolved or fixed overnight, and I have levelled with the House on that point on a number of occasions. The mistreatment that the affected individuals endured was simply unacceptable. I will continue to do everything within my power to lead the Home Office in delivering on compensation, and to ensure that through the lessons learned review and Wendy Williams’s work, we right the wrongs and properly compensate those who were affected. That will not happen overnight.
I have already expanded the compensation scheme so that people will be able to apply to it until at least April 2023, but we have to go beyond that, and I would be more than willing to do so. We have made the criteria more generous so that people can receive the maximum compensation that they rightly deserve. I have said that £1.5 million of compensation has been offered to individuals, but of course I want compensation payments to be sped up. The scheme has already received 1,342 applications. Final offers have been made to more than 154 individuals. Urgent and exceptional payments have been made to hundreds of individuals—in fact, more than 1,400 individuals have been supported by the vulnerable persons team—and a significant number of cases have been closed.
As I think I said at the Select Committee just last week, a vast number of cases—I will say it now: 1,000 cases —are not just led by the Home Office, but split across other Departments, including Her Majesty’s Revenue and Customs and the Department for Work and Pensions, in terms of ascertaining information and data. As I have said on previous occasions, outreach and engagement with people across a wide range of communities, including other Commonwealth countries, is vital. We simply, partly due to covid, have not been able to continue direct face-to-face engagement with community organisations and representatives in the way we had planned, but only by doing that can we identify others who have not even applied to the compensation scheme. More work needs to be done—I am very honest and open about that. The hon. Member for Torfaen (Nick Thomas-Symonds) speaks about scrutiny. He is more than welcome to continue asking questions and we will provide answers where we can. At the same time, we are subject to not full data and not full information and I would be more than happy to continue working with colleagues across the House, and all political parties, as I have done, to ensure that more people do come forward. That is something we should all collectively step up to and encourage.
My hon. Friend asked whether quarterly meetings are enough, but we do not just have quarterly meetings. I am in regular contact with representatives and chairs of stakeholder groups, and that will continue. I intend to leave no stone unturned, and although I appreciate that individuals in the House might focus more on the number of cases, I believe that we need to fulfil cases and deliver on compensation. We must also look at people, not just cases, which means that we can consider the wider policies that we need to explore—my right hon. Friend the Prime Minister is doing that through his new race and equality group, too—to get the right policies in place so that we can address many of the injustices that people constantly speak about.
“fundamental cultural, political and institutional factors”
relevant to how the Home Office carries out its duties across the board. She said that those issues needed to be fixed and it seems that the Home Secretary has recognised that in her statement. But Wendy Williams also said that she had considered the Home Office responses to previous reviews and reports, and found that those responses tended to be characterised by a quick acknowledgement of the result and a focus on process, rather than on the fundamental issues identified in the respective reviews. She said that, in the past, the remedial actions taken by the Home Office were superficial to the extent that there was action at all, and that they did not have a lasting effect. She also said that many of the issues that were identified kept coming up successively, time and again, but in different contexts. So can the Home Secretary reassure me that the steps she intends to take will avoid the pitfalls that Wendy Williams has identified with previous reviews?
Secondly, the Home Secretary has committed to changing the Home Office’s openness to scrutiny, policy and decision making, and she talks about engagement. Will that include engagement with the devolved Government in Edinburgh? Thirdly and finally, the Home Secretary and I do not always see eye to eye, but I want to thank her for doing what she was unable to do last time, which is to confirm that she will carry out the root and branch review of the hostile environment policy that Wendy Williams stipulated in recommendation 7. In relation to that, I have a specific question for the Home Secretary. Will she tell us whether measures such as the right-to- rent scheme will be paused pending the outcome of the review of the hostile environment policy?
It is fair to say that Wendy Williams’s Windrush lessons learned review is a review like no other. Thankfully, it is a one-off review of an absolutely shocking scandal that took place. As I said in my statement, it identifies and marks a stain on the history of our country, but it also scars my Department significantly. As a result, the measures that I have outlined today—just the five steps alone, which are very focused on the Home Office itself, including encompassing policy aspects—are very detailed. They are detailed for a reason. They are not a tick-box response, and they are not a “quick, let’s fix this and pay lip service” response either. A great deal of work is required. This speaks to the hon. and learned Lady’s third point, about reviewing the compliant environment and the work that will need to be undertaken there, which will take time. Obviously, I will report back, and as a Department we will report back, on exactly how policies are effected specifically on that.
It is fair to say that my commitment on this issue, and more fundamentally with regard to the Home Office, is absolutely solid and firm. I have seen all sorts of practices, I have experienced all sorts of practices in the Home Office, and I have been on the receiving end of certain practices in the Home Office as well, which quite frankly speak to some of the points that came out of Wendy Williams’s review. Therefore, our commitment is solid, and it is firm.
The hon. and learned Lady also asks about engagement with the devolved Administrations. She should take that as a given. There is always more work that needs to be done on that front, and that is something that I am committed to doing.
On a practical level—I have spoken before at the Dispatch Box about the practical steps that need to be undertaken—we need to do better in terms of our outreach. We have not undertaken engagement opportunities because of covid and, obviously, the problems with getting out and around the country. That will change. I have set up new stakeholder groups, we have a new communications campaign and officials will be going back into communities. I think I said when I came to the House the day after the publication of Wendy’s report, on 19 March, that I want to work with colleagues across the House to ensure that we are working in their communities to rebuild the bonds and bridges of trust—importantly, both to build those links and to reach out to individuals who have been affected.
The Home Secretary referred to the Home Office needing to have a humane face, and that must start with those who have been most badly wronged. As she will know, there are still huge delays in the compensation process. I have had two more cases given to me this afternoon of people who have been waiting for over a year. They are still waiting, but are unable to get any response from the Home Office about what is happening to their cases. We are hearing of case after case where that is happening. Will she now urgently review the operation of the compensation scheme, so that initial payments can be made far, far more quickly? This is an ageing generation. It is urgent that they get support.
“learn about the history of the UK and its relationship with the rest of the world, including Britain’s colonial history, the history of inward and outward migration and the history of black Britons.”
It is right that the Home Secretary has announced today that that programme is being introduced in the Home Office. Does she agree with me that if we are to avoid such a shameful scandal as the Windrush scandal ever happening again, that content is important not only for staff in the Home Office, but for every child being educated in British schools? If she does agree that that is important, will she speak to her colleague, the Minister for Schools, who has recently refused to meet me and campaigners from my constituency—young people—who are desperate to see reform in their education system, so that they can all say, collectively, “Our history is British history”?
I am focusing on two particular elements. One is the compensation; it is right that we go through case by case and look at the complexities behind individual cases. The second significant area is the culture and the Department. That is the focus and, as I have said repeatedly, I will continue to share updates on the recommendations with the House. I have also spoken about the Department now being open to more scrutiny. That will play into the review that Wendy will undertake next year with regards to the Department.
“that we were once in charge, but that we are not in charge any more.”
If we are to have trust in this Government to deliver that education programme, will the Home Secretary condemn the Prime Minister and acknowledge the brutal crimes that British colonialism inflicted upon millions of people across the globe?
Lunar House and many of the Home Office buildings are in my constituency and a lot of my constituents work there. I welcome what the Home Secretary said about seeing a face behind the case. Some of the staff have told me that it is not just a cultural issue—that it is very difficult when they have so many cases to deal with. Is the Home Secretary confident that she has enough people to do the job properly?
The hon. Lady specifically refers to Lunar House and the remarkable work that individuals and colleagues from the Home Office undertake there. If I may say so, even in Wendy’s report, references to Lunar House were not necessarily made in a positive light. There are a lot of cases. We deal with people. The Home Office is a caseworking Department, dealing with thousands of people day in, day out. In terms of staffing, it is not just about numbers; it is about training and support around our personnel. That is really important, and that is why I need to do more, and my Department—my permanent secretary—needs to do more as well, in terms of investing in people. I fundamentally believe in that, and I think that is the right approach for the future. We will grow and develop our staff, so that we can work in a fundamentally different way with people who come to us.
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