Windrush

Debate between Lord Sharpe of Epsom and Lord Davies of Brixton

Thursday 29th February 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I thank all noble Lords who have spoken in this debate—they have made some very powerful speeches indeed. I start by offering my considerable thanks to the noble Baroness, Lady Benjamin, for securing this debate of course, but also more widely for the outstanding work that she has done on Windrush—whether it is celebrating the enormous contribution that the Windrush generation has made to our society, something we did last year for the 75th anniversary, or whether it is highlighting the injustice of the Windrush scandal. She has been nothing short of a shining light on this issue. For my part, I would like to personally salute the contribution of the Windrush generation, and of course their descendants. I associate myself with the introductory remarks of the noble Lord, Lord Griffiths of Burry Port, who earned much credit for them.

This is an issue of deep personal resonance to the noble Baroness, Lady Benjamin, of course, but it matters to us all, as the noble Lord, Lord Woolley, explained very powerfully. It has been clear from all the other contributions as well, and for that I am thankful. I too use Waterloo station and, like my noble friend Lord Bourne, I commend the memorial statue there: it presents a powerful and vital image. We all wish we could turn back the clock and prevent the pain and suffering that the victims of the Windrush scandal have had to endure. I say gently to the noble Lord, Lord Woolley, that numerous events were held across all departments last year. He will know that flags were flown, No. 10 held a reception hosted by the Levelling-Up Secretary and the Home Secretary, and the largest-ever Windrush Day grant scheme was launched.

We cannot turn back the clock, but we can strain every sinew to provide the people affected with the help they need and the compensation they deserve, while ensuring that the failings that happened previously can never be repeated. The noble Lord, Lord Adebowale, is right: the Government have a responsibility to all our people. Righting the wrongs is, has been and will continue to be a priority for the Government. I say to the noble Lord, Lord Hastings, that we are fixing things, and to the noble Lord, Lord Ponsonby, that there is an urgency to do this and to get it right. We are determined to ensure that everyone who suffered because they could not demonstrate their lawful status in the UK receives every penny of the compensation to which they are entitled. There is no cap on the amount that can be awarded, and our priority is to award the maximum compensation at the earliest point possible. I repeat the promises made by successive Home Secretaries that there is no end date for the Windrush compensation scheme, nor for the Windrush documentation scheme.

Reference was made to the 15,000 people and the figure of £200 million in compensation, but I stress that these are from the very early planning assumptions published when the compensation scheme was launched. It did not represent a budget or a pot of money to be drawn from. Despite extensive and ongoing outreach efforts, significantly fewer claims have been received and the Home Office has adjusted its planning assumptions accordingly. The noble Lord, Lord Davies of Brixton, asked about individuals and their documentation confirming their status or British citizenship. The number who have been provided with that documentation is now more than 16,800 and our experience has been that many of them have not suffered losses or detriment owing to being unable to demonstrate their lawful status in the UK, so they have not needed to claim compensation, but the Home Office encourages anyone who wishes to make a claim to do so. As I said, the scheme has no end date and there is no cap on the amount of money the department will pay.

[Lord Davies of Brixton (Lab)]

Is there any estimate of those who are not entitled to compensation but would be entitled if pensions and future earnings were part of the scheme?

[Lord Sharpe of Epsom (Con)]

My Lords, I will come back to the subject of compensation. I am going to attempt to address all the questions raised in the appropriate order. There is a lot to say and I have only 20 minutes to say it, so I ask noble Lords to bear that in mind when contemplating interventions. I will do my very best.

We have paid over £75 million in compensation. As of December 2023, over 80% of claims received had received a final decision and the majority of live claims were less than six months old. Payments to date include some very significant sums. More than 120 claimants have been paid over £100,000 in compensation. The noble Lord, Lord Ponsonby, asked about the 91% figure given by Laura Farris in the other place. As I said, 80% have had a final decision and 91% have had a final decision or have outstanding claims less than six months old, so that figure is correct.

The noble Baroness, Lady Benjamin, and others raised the question of speed. As I said, the Home Office’s priority is to award the maximum compensation at the earliest point possible. The changes that the Home Office has made to the scheme since its launch mean that people now receive significantly more money more quickly—I referred to the 80% figure. However, in answer to the comments of the noble Lord, Lord Hastings, about blanket amounts, I say that there are 14 different categories and each person’s experiences and circumstances will be different, so it is right that the Home Office takes the time to ensure that each claim is considered and understood carefully, so it can offer people the maximum compensation to which they are entitled. That said, the Home Office continues its efforts to reduce the time it takes to process claims. The length of time that individuals must wait for their claim to be allocated to a substantive decision-maker is now less than four months, down from around 18 months a year ago, and the four-month period includes all essential eligibility checks, together with a preliminary assessment to make an initial payment of £10,000 wherever possible.

The department is committed to ensuring people receive the compensation to which they are entitled, in all cases, including those where, understandably, there is limited documentary evidence. The scheme operates entirely on the balance of probabilities, and decision-makers receive in-depth training to ensure that this approach is applied fairly and consistently. Decision-makers use all the data and information available to them, and exhaust internal and cross-government routes before asking for more information from individuals. The Home Office also gathers information from third parties, paying for this where needed so that costs do not fall to claimants. That can include information from employers, HMRC, GPs and so on. We have a quality assurance team and an independent review process in order to ensure that all decisions are subject to a very high degree of scrutiny.

The compensation scheme was designed to be accessible to anyone, without the need for legal advice or assistance. For those who want or need support to make a claim, the Home Office provides free assistance through its independent claims assistance provider, the We Are Group. It has extensive experience of dealing with isolated and vulnerable people, and the Windrush team is also available on the phone to provide information and to discuss the process. In 2021 and 2022, the Home Office published new claims forms, developed in collaboration with stakeholders, which are simpler and easier to complete. Were our applicants allowed to recover legal costs in applying to the scheme, this may serve to encourage organisations to take advantage of potentially vulnerable people, charging them for unnecessary support.

On feedback and engagement with stakeholders and the community about the effectiveness of the scheme, as evidenced in the changes to the scheme since its inception we have continued that process, because the overhaul to the scheme in December 2020 significantly increased the amount of compensation awarded, and indeed the speed at which it can be paid. In 2021 and 2022, we published revamped claim forms, to which many noble Lords have referred. They were developed in consultation with stakeholders and are easier to complete. They are longer, but they are easier to complete, because they include more targeted and closed questions. The new forms have a Crystal Mark from the Plain English Campaign. As I have said, the changes were made in consultation with stakeholders, including the Windrush National Organisation, key advocates in the community who work collaboratively. Considerable changes were made to the forms while they were being redesigned, but if anybody cares to add to the process and make observations about the forms, the door is open and we are happy to listen.

In 2021, we launched a package of support to help those making, or those who have already made, claims on behalf of a relative who has passed away to obtain the legal documentation required to process their claims. In 2022, we broadened the homelessness category to allow awards to be made to people who were already homeless and then continued to be homeless due to an inability to demonstrate lawful status. We also introduced a fourth “living costs” category for close family member claims for costs incurred while supporting someone who lost their employment or benefits because they were unable to prove their immigration status. Last year, we made changes to the employment category which mean some people will be compensated for longer periods and receive more money, better reflecting their unique circumstances. Whenever changes are made, they are applied retrospectively.

To come back to the points that were raised by the noble Lord, Lord Davies, about why the scheme does not cover loss of employment opportunity, it is because this is a highly speculative issue, stretching across many facets of an individual’s life. The scheme cannot make financial determinations of this nature, since they will vary significantly from individual to individual. They depend on a multitude of factors which will be difficult and timely to assess in a fair and consistent manner.

In answer to the noble Baroness, Lady Burt, and the noble Lord, Lord Davies, the scheme does not cover occupational pensions because of the variable and complex nature of impacts on and future performance of those. However, through employment awards, individuals will recuperate the contributions they would have made into an occupational pension scheme at the time. Processes are also in place so that, where individuals were unable to work because they could not demonstrate their lawful status in the UK, their national insurance record is corrected so that their state pension entitlement is not affected.

On moving the Windrush compensation scheme from the Home Office, the Home Office firmly believes that moving the operation of the compensation scheme would risk significantly delaying vital payments to people. This was reinforced by Professor Martin Levermore, independent adviser to the scheme, in his report published in March 2022.

We continue to work to promote new applications to the scheme, and to engage with and gain the trust of affected communities. The scheme’s engagement team ensures there is regular dialogue with stakeholders from Windrush communities, who provide feedback and scrutiny. The compensation scheme engagement team supports events with external stakeholders from Windrush communities to provide the opportunity to speak to them about the impact the scandal has had on them and on their family’s lives. These engagement events also ensure that individuals and stakeholders get the correct information about the schemes—the Windrush documentation scheme and the Windrush compensation scheme.

Since February 2023, the Windrush compensation scheme engagement team has attended more than 30 events nationwide, including in the West Midlands, Bristol, Nottinghamshire, Yorkshire, Lancashire, Oxfordshire, Northamptonshire, Bedfordshire and London. This week, officials attended an event in Northampton which received positive feedback, commending the informative presentations and the benefit of over 120 conversations with Home Office staff. Events are planned during the first quarter of this year, including in London, Edinburgh, and Nottingham again. We are also looking at opportunities to work with communities in Wales and Ireland. These engagement events ensure that individuals and stakeholders receive accurate information about both schemes, and a large number of such engagements have taken place.

All noble Lords asked about scrutiny of the scheme and how the Home Office considers claims. As I have explained, we have a multilayered review process to ensure the compensation scheme has an appropriate level of external scrutiny. If I may, I will go into detail on those layers. The tier 1 review is conducted by a separate team that has not worked on the claim in question. The tier 2 review is an independent review process with the adjudicator’s office. The independent person, Martin Levermore, to whom I have already referred, regularly engages with officials and publishes annual reports on the scheme. His third report was published on 1 November 2023 on GOV.UK. The Home Office has published a fact sheet and granular transparency data on a monthly basis, which provides detail on a wide variety of aspects of both casework and review. The Home Affairs Select Committee provides external scrutiny and visited the department to scrutinise proceedings. The Home Office has also hosted other stakeholders, such as the Windrush Defenders Legal and the Independent Chief Inspector of Borders and Immigration, on open visits, giving access to Home Office caseworkers.

On the subject of the Windrush programme and the lessons being learned, the Home Office is absolutely determined to deliver on its commitment to righting the wrongs of Windrush. That work continues at pace, and I am not ashamed to use the phrase. As one would expect, and should expect, in any government department organisational structures change over time to ensure that delivery for the public is effective and delivers value for money. It has been decided that responsibility for delivering various Windrush response projects and recommendations will no longer be managed through a dedicated team in the transformation directorate but will instead be embedded in our everyday activities in other parts of the department. I forget who, but someone referred to it as being part of the departmental DNA. I can confirm, albeit anecdotally from my experience, that this is something that is considered in pretty much every aspect of the work that we are currently doing.

Most noble Lords asked about the promises that were made in regard to recommendations 3, 9 and 10. Wendy Williams recognised the scale of the challenge that was set by her 2020 Windrush Lessons Learned Review and applauded the department’s response in rising to the challenge. As the former Home Secretary set out in her WMS of 26 January 2023, she did decide not to proceed with some of the recommendations in the original form. I am afraid I am unable to comment further because there are legal proceedings in train on that particular subject. However, as I have just said, work remains ongoing on the majority of the recommendations, by way of embedding them into the DNA of the department, and that work will not stop.

Rwanda Treaty

Debate between Lord Sharpe of Epsom and Lord Davies of Brixton

Friday 8th December 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The answer is that I do not know. I will have to write to the noble Lord.

[Lord Davies of Brixton (Lab)]

My Lords, for those who are a bit slow with their arithmetic, £8 million a day is £3 billion a year, added to the cost of the policy itself. Is it not clear that it would be better to spend that money on clearing the backlog and dealing promptly with arrivals? That would be a real deterrent. This leads to the suspicion, which the Minister can confirm or deny as he wishes, that the Government do not want these cases assessed because so many of them would be accepted.

[Lord Sharpe of Epsom (Con)]

That is an interesting conclusion to draw. The simple fact is that we are also clearing the backlog; as noble Lords know, the commitment is to clear it by the end of this year. If we stopped spending the £8 million a day on hotel costs, what would the noble Lord suggest we do with those who are seeking asylum?

Legal Migration

Debate between Lord Sharpe of Epsom and Lord Davies of Brixton

Tuesday 5th December 2023 Lords Chamber

[Lord Davies of Brixton (Lab)]

My Lords, I thank the Minister for his answers to the earlier questions. I shall avoid the temptation to discuss the proposals in general—I just wanted to focus on the significant impact that they are going to have on our higher education system. Perhaps I should mention that members of my family are employed in higher education. I am sure that the Minister understands that higher education is one of our success stories in generating public good and also, as an export, generating income for the country. Unfortunately, we have developed a system of funding higher education that depends on legal migrants; the education of UK citizens and residents depends on generating a flow of overseas participants in higher education who count as legal migrants. If the number of foreign students declines, that will have a direct and immediate impact on the education that we provide for UK residents.

My question was in a sense forestalled by the question from my noble friend, but the Government have to do more to indicate that they really stand by the policy of encouraging people to come to this country to benefit from the higher education that we can provide, because otherwise it will harm them and harm us. The policy is already having an impact; even the Statement itself will have deterred some foreign students from coming to this country, and the proposal to limit the number of family members who can come will have an impact on the students coming to this country, and hence on the education that we can provide for UK residents. Will the Minister assure us that he is seized of the point and that it is an issue that the Government will consider carefully in the light of the impact statements to which he has referred?

[Lord Sharpe of Epsom (Con)]

My Lords, I agree with the noble Lord. Obviously, the universities and the education sector provide an enormous amount of good to the country in many ways, including, of course, in terms of soft power. As the noble Lord indicated, it is an export industry. We have reconfirmed our intention to attract the best and brightest. Our manifesto committed to establishing the graduate route. More than 100,000 people last year to September 2023 were issued visas for the graduate route. We have asked the Migration Advisory Committee to review this route to ensure that it is fit for purpose and prevent abuse, protecting the quality and integrity of UK higher education. However, as I said earlier, I note the noble Lord’s points and broadly agree.

Windrush Generation

Debate between Lord Sharpe of Epsom and Lord Davies of Brixton

Tuesday 28th November 2023 Lords Chamber

[Lord Davies of Brixton]

To ask His Majesty’s Government what were the reasons for the Home Office’s decision to disband the dedicated team responsible for their Windrush policy; and what assessment they have made of the likelihood that this decision will undermine their commitments to the Windrush Generation.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, given the significant progress made since 2020, our Windrush lessons learned response has now been embedded into everyday activities. It is our assessment that an embedded approach will better sustain the improvements made so far, and thereby our commitments to the Windrush generation and their descendants. The dedicated Windrush compensation and documentation teams remain in place and there are no plans to close either scheme.

[Lord Davies of Brixton (Lab)]

I thank the Minister for his reply, but I need to tell him that there is a serious lack of trust in the Government’s intentions. The people I speak to have no faith in the Government’s commitment to implement the policy. Can he give me any idea of what steps he thinks are appropriate in order to restore that level of trust? Might I suggest, in particular, an increase in resources to those delivering the compensation from the Home Office and also in a high commission, so that they see their task as assisting people to get the compensation to which they are entitled?

[Lord Sharpe of Epsom (Con)]

My Lords, I mentioned the Windrush Lessons Learned Review. The Home Office has implemented the majority of the 30 recommendations made in the 2020 report. Key changes include implementing a new ethical decision-making model, new training for caseworkers, a Permanent Secretary-chaired strategic race board and new forms of scrutiny. As for the compensation scheme to which the noble Lord referred, he will be very pleased to know that the time to allocate a claim for substantive casework consideration has dropped from 18 months to under five months and work is continuing apace on that.

Stop and Search

Debate between Lord Sharpe of Epsom and Lord Davies of Brixton

Tuesday 20th June 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I thank my noble friend for his question, and I am delighted to hear him describe the police’s activities as exemplary. I have three points to make on this subject.

First, the police themselves, in particular the Metropolitan Police, have said that they need to do a good deal more in this regard, and I certainly trust them to do that. The Metropolitan Police, under Sir Mark Rowley, should be given time to make the changes we all want to see.

Secondly, I emphasise again that young black men are disproportionately more likely to be victims of serious and violent crime, but the 2021 report by the inspectorate concluded that the vast majority of searches were conducted on reasonable grounds. It is for the police to make sure that their powers are understood and to explain themselves carefully. The expanding use of body-worn cameras, to which we have referred, will go a long way to help that. As I said earlier, we should all accept and acknowledge that community support is there in principle, although it is contingent and fragile. These measures will go a long way to solidify that while trust is being restored.

Finally, I am pleased that my noble friend has mentioned Festus Akinbusoye. He is an excellent PCC, and I am sure that he will become an excellent MP in due course. He has long been a supporter of mine, and it is a great pleasure to return the favour.

[Lord Davies of Brixton (Lab)]

My Lords, I hope the Minister will agree with me that the all-too-common stereotype of knife crime being simply a black issue is dangerously counterproductive, and that when the Home Office says that stop and search works, it is a statement that is more in search of a headline and, in practice, needs to be heavily qualified. The figures show, I believe, that stop and search on its own is a blunt and ineffective tactic. What we need to do is understand better the root cause of this sort of crime and the reasons why some of our young people feel that they need to carry a knife. There are many causes, of course, but I would suggest that lack of faith in the police is an important one, particularly among those who suffer from this type of crime. In large part, this is driven by what the Independent Office for Police Conduct found to be the “disproportionate impact” of stop and search on black, Asian and minority ethnic communities. When making a Statement about suspicionless stop and search, how can the Minister fail to make any reference to the well-evidenced racist and discriminatory use of it when we know that this leads to less, not more, confidence in policing?

[Lord Sharpe of Epsom (Con)]

My Lords, I am afraid that I disagree with the noble Lord in his assertions. Earlier, I gave statistics on the number of knives that have been removed from the streets and the number of crimes that have been prevented because of stop and search. I will give some more examples. In Manchester, the chief constable, Stephen Watson, has said that a 260% increase in the use of stop and search over a defined period correlated with a 50% reduction in firearms discharges and a fall in the number of complaints. I think that there has been a concerted effort to improve; my right honourable friend the Home Secretary said this the other day in the House of Commons. We need to improve the way in which stop and search is applied but also understood; to the point made by the noble Lord, Lord Ponsonby, it has to be applied judiciously, proportionately and legitimately.

On the proportionality side, I go back to my original comments. Young black men are disproportionately likely to be the victims of crime. There are disparities in the use of stop and search—they remain and we acknowledge them—but it is positive that they have continued to decrease from nine and a half times in 2017-18 under the 2011 census data to 4.9 times in 2021-22 under the 2021 census data. I also referred to the changing methodology in collecting these statistics, which brings the numbers down even further. However, as I say, that methodology is very much in its initial stages. We will work more on it and will, I am sure, hear more about it.

Hong Kong Military Veterans: Settlement

Debate between Lord Sharpe of Epsom and Lord Davies of Brixton

Wednesday 29th March 2023 Lords Chamber

[Lord Sharpe of Epsom (Con)]

Once again this proves the industriousness of the people of Hong Kong.

[Lord Davies of Brixton (Lab)]

My Lords, clearly, this is welcome news. Can the Minister say anything about the pensions that these veterans will receive? I should declare an interest: I have advised the Gurkhas on their arrangements and I am aware of the problems there. Will the pensions be commensurate with these veterans’ new situation?

[Lord Sharpe of Epsom (Con)]

My Lords, that strays into another department’s area of responsibility, but I will look into it.

Scammers

Debate between Lord Sharpe of Epsom and Lord Davies of Brixton

Tuesday 15th November 2022 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble Lord is quite right: in the year to March 2022 people aged over 75 were less likely to be a victim of fraud than those aged between 16 and 74. He makes an extremely good point and I will take it back to the Department for Education.

[Lord Davies of Brixton (Lab)]

My Lords, the report to which the noble Lord, Lord Vaux, referred states that

“all people have the capacity to become victims of fraud, regardless of perceived vulnerability.”

The House needs to understand that financial crime destroys lives and destroys families. Will the Government give an unambiguous commitment to include protection against financial harm in the Online Safety Bill?

[Lord Sharpe of Epsom (Con)]

My Lords, I have already outlined some of the legislative work going on, and I am not going to unequivocally commit to doing anything in other Bills at the moment. I will go on to one other point which perhaps refers to the previous question: one of the more effective tools at the moment is Friends Against Scams, to which I referred in my opening Answer. It is run by National Trading Standards and encourages people to educate others about fraud. People sign up, do an online training course and then share it. More than 1 million people have signed up. That sort of work is very valuable.