Windrush Compensation Scheme Debate

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Department: Home Office
Tuesday 9th April 2019

(4 years, 11 months ago)

Commons Chamber
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David Lammy Portrait Mr David Lammy (Tottenham) (Lab)
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(Urgent Question): To ask the Home Secretary if he will make a statement on the Windrush compensation scheme.

Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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Righting the wrongs done to the Windrush generation has been at the forefront of my right hon. Friend the Home Secretary’s priorities. Last week, on 3 April, she made a statement to this House setting out the detail of the compensation scheme and announcing that it is now open to claims.

The Government deeply regret what has happened to some members of the Windrush generation and the launch of the compensation scheme marks a key milestone in righting the wrongs they have experienced. The scheme will provide payments to eligible individuals who did not have the right documentation to prove their status in the UK and suffered adverse effects on their life as a result. These could range from a loss of employment or access to housing, education or NHS healthcare, to emotional distress or a deterioration in mental and physical health.

Information on the scheme is now available. The claim forms and guidance notes can be found on the gov.uk website or requested from the freephone helpline. The scheme rules and caseworker guidance were also published online on 3 April. The helpline is already receiving calls and claim forms are being sent out. The Home Office has also started a series of engagement events. The first event was held in Brixton last Friday and the next event is scheduled for Southampton this Friday.

In due course, we will publish information on the scheme through our existing monthly reports to the Home Affairs Committee, including information on the number of claims submitted, the number of claims paid and the overall amount paid out by the scheme.

David Lammy Portrait Mr Lammy
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I should not need to remind anyone in this House that the Windrush scandal is a national disgrace. At least 11 people who were wrongly deported from the UK by their own Government have died. At least 164 British citizens were wrongly deported or detained. Home Office officials have told the media that 15,000 individuals may have been harmed by the contempt that their Department showed.

Last week, one year since the scandal broke, the Home Secretary finally announced the compensation scheme, to begin the process of reconciliation for the Government’s grievous errors. The Home Secretary apologised again, on behalf of the Government, for the failings and repeated his promise to do right by the Windrush generation. Crucially, he told members of this House:

“There is no cap on the scheme”

and

“it will be based on people’s needs”.—[Official Report, 3 April 2019; Vol. 657, c. 1048.]

His words seem to have provided false reassurance.

In the response to the Windrush compensation scheme document that the Home Secretary brought to this House, there was no detail of caps. Instead, that was quietly published online in a separate compensation scheme rules document, slipped out later on 3 April. MPs therefore had no chance to scrutinise or question the truth that his Department had set out incredibly strict caps to be awarded for different losses—a £500 payment for legal costs incurred; £500 for people who had been denied the chance to go to university; £1,000 for those wrongly obliged to leave the country under a so-called voluntary return scheme; and a mere £10,000 for people who were wrongly deported. Victims have correctly described these payments as “peanuts” and “insultingly low”.

I say to the Minister: £10,000 is less than one Secretary of State’s gross salary per month. Is that all that a person will have lost if they have been locked up, if they have been deported, if they have been made homeless, because £10,000 is all that they would get from her Department? Is this all it costs someone to be denied access to their family and friends for years or decades—to their own country? Is this the price that you put on my constituents being deported for no wrongdoing and nothing that they have themselves done? Is this how this Government value the lives of black Britons? I say to the Minister: you promised to do right by the Windrush generation, but quite rightly many of them think that they have been misled.

Let this be the final betrayal of the Windrush generation. Scrap the caps, and compensate them properly for the wrongs that have been done to them.

Caroline Nokes Portrait Caroline Nokes
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I thank the right hon. Gentleman for his question. He is of course right to emphasise how important it is that we right these wrongs. I would like to give some further explanation. It is important to reflect that while we have worked very closely with Martin Forde to establish both the tariff-based scheme and actuals, so where people could evidence specific losses, they would be reimbursed for those losses, actually these different heads of claim, which can be claimed for, need not be in the singular but can be cumulative. There is also a discretionary category, which will enable people to claim for other losses, not necessarily identified within the scheme, which is uncapped. [Interruption.] The detail is provided in the scheme online, but it is important to reflect that while there is a tariff set at £10,000 for somebody who was wrongly deported, of course that could be in conjunction with other parts of the claim, which could add up to significant sums in addition to that.