Windrush Compensation Scheme (Expenditure) Bill
Helen Hayes ExcerptsMonday 10th February 2020
(4 years, 3 months ago)
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Helen Hayes (Dulwich and West Norwood) (Lab)
My constituency has a strong, direct and proud connection with the Windrush generation. In 1948, about 200 passengers on the Empire Windrush found temporary accommodation in the Clapham deep shelter and sought work at the labour exchange in Coldharbour Lane, Brixton. From there, many settled in the area, making Brixton their home, enriching community life with food, music and faith, and working hard to rebuild London after the war, including in our NHS and London Transport. We are proud of the Windrush generation and their descendants, who are an integral and highly valued part of our south London community.
Consequently, my constituency has been hit especially hard by the Windrush scandal. Long before the scandal hit the headlines two years ago, my casework team had been flagging up the fact that increasing numbers of older constituents, originally from countries in the Commonwealth, were being asked to provide an unrealistic level of proof of their right to be in the UK, despite having been here for many decades, made this country home and contributed to the UK multiple different ways, and despite, in many cases, coming to the UK as British citizens.
In one case, a constituent was asked to provide a record of his schooling, but he had attended a school run by the Inner London Education Authority, which was abolished in 1990, and both the school and its records had been destroyed many years ago. As a result of his inability to provide this impossible piece of evidence, his rights to be in the UK, to work, claim a pension and to access housing and medical treatment were all at risk.
It then transpired that what we were seeing were not isolated cases but the consequences of a systematic problem at the Home Office, and the results have been far reaching—thousands of people denied their right to live in the country that is their home; severe hardship caused by the removal of the right to benefits or pensions, or of the right to work; devastating health consequences as a result of both the stress caused by the scandal and the removal of the right to NHS treatment; and heartbreak for families separated and denied years that they would otherwise have spent together.
It is right that the Government compensate those whom they have treated so appallingly. However, the success of the compensation scheme must be judged by what it delivers for those it is intended to help. The experience of those constituents of mine who are victims of the Windrush scandal is that this scheme is not currently fit for purpose and, worse than that, their ongoing interactions with the Home Office and other Government Departments continue to compound their injustice.
My constituent Gretel Gocan was the first Windrush citizen to be able to return to the UK following the exposure of the Windrush scandal. Gretel arrived back in the UK on 3 May 2018—almost two years ago. Yet despite my support, extensive representations to the Government and applications both to the hardship fund and to the compensation scheme, she has yet to receive a penny in compensation from the British Government. Gretel is being housed and supported by her daughter, receiving only her basic pension. She is a frail and elderly woman. She should be entitled to attendance allowance, but the Department for Work and Pensions rejected her application because she had not been resident in the UK during the assessment period. The only reason she had not been resident in the UK during that time was that the British Government had illegally prevented her from returning home. When I met a DWP Minister to discuss the case, he agreed that that was not right and that Gretel should be able to access attendance allowance. She was advised to apply to the hardship fund, since apparently it was not possible to change the rules. After extensive correspondence, an application was made to the hardship fund in June 2019, but no funding has so far been received.
My constituent Chiplyn Burton, who was illegally deported to Jamaica in 2015, returned to the UK in December 2019. Chiplyn is homeless and spent many weeks sofa surfing with relatives. Arriving during the winter and with no income, Chiplyn was in urgent need of emergency support and applied to the hardship fund for £500 to cover a bus pass, warm clothing and food. In response to this application—for £500—she was asked to provide details of what warm clothes she needed, a breakdown of food costs and bank statements. Chiplyn found that interaction utterly demeaning, and the tone and content of correspondence from Home Office officials compounded her injustice, as well as delaying the funding she desperately needed. It was, quite frankly, a disgrace.
Turning to the compensation scheme itself, I have sat with constituents to help them complete the long and complex form. Without prompting, it is very easy not to record key details. As the form asks for proof such as receipts, it is easy to overlook whole areas for which compensation should be payable because no proof is available. For example, one constituent almost omitted to mention that, because her mother had been deported, she had lost the privately rented home she was living in and all of her possessions, as it was impossible to provide any record of their monetary value.
I pay tribute to the Black Cultural Archives in my constituency. When the Windrush scandal broke, the BCA opened its doors to Windrush citizens. It worked with volunteer lawyers to offer free advice clinics to help those affected to gather together their papers to regularise their status. The BCA recently restarted those advice surgeries to support people with applications to the compensation scheme. The surgeries have been well attended, but the BCA reports that just as many people are coming to speak about ongoing problems with the benefits system as are coming to speak about the compensation scheme. The number and complexity of the issues being raised is far greater than can be sustained by lawyers working pro bono.
People are coming to the BCA because it is a trusted organisation with a grassroots history. I have been calling since 2018 for the Government to provide funding to trusted local community organisations to provide advice and support to Windrush citizens who are seeking to access compensation, but they have refused to do so.
Instead, the Government commissioned Citizens Advice to provide advice on the compensation scheme, and there is evidence that it just is not working, We have no citizens advice bureaux in my constituency, and many of my constituents are unwilling or unable to use the telephone advice service. Lawyers who have been doing pro bono work for Windrush citizens are regularly contacted by CAB advisers, who are being paid by the Government, asking for help because they do not have sufficient expertise to advise them.
The Government totally misunderstand exactly how fundamental the breach of trust in the Home Office has been. People will approach trusted organisations like the BCA, but they will not directly approach the Home Office. That is why funding for such grassroots help and support is vital, and I call on the Government to provide that funding because it is key to the accessibility of the Windrush compensation scheme.
The Home Office continues to perpetuate the hostile environment and, while that remains the case, it cannot be right that the same Department is responsible for administering a scheme to compensate people for its own wrongdoing. The Government should accept that it would help to build confidence in the scheme if it were administered by a different Department.
Windrush citizens continue to experience huge problems accessing benefits to which they are entitled. The type of problem experienced by my constituent Gretel Gocan in accessing attendance allowance remains, and the tone of correspondence from the DWP is entirely lacking in empathy: it is unwilling to acknowledge the culpability of the Home Office in the situations with which it is presented. Will the Government therefore consider emergency legislation to ensure that no one is prevented from accessing benefits as a consequence of being a Windrush victim?
Finally, it has been estimated that over half a million people have been given wrong official advice on naturalisation and gaining British citizenship since the passage of the Immigration Act 1971. Will the Government apologise to those individuals and pay back, with interest, the costs they incurred in legal and immigration fees? The Government’s failure of the Windrush generation is profound and devastating. The first step in addressing the harm that has been done and in rebuilding the trust that has been breached is to listen to what those who are affected are saying about how the scheme is currently failing, and to act on their advice. I urge the Government to do so.
Helen Hayes
The Minister is right to say that many of the Windrush citizens are fearful of approaching the Home Office because of what it might mean for their immigration status now, but it is more than that. It is also about the total lack of trust in the Home Office and the lack of confidence that the very Department that has done them so much wrong has the capacity to deliver justice for them.
Kevin Foster
That is why we are working with the stakeholder group and why we have an independent reviewer and a separate team. I have extended an invitation to my shadows, and I am happy to extend it to other Members of Parliament who have strong constituency interests, to visit the compensation team based in Leeds, to meet and talk with staff and to understand the work they do. We have taken note of the individual cases raised in the Chamber today. I do not think it would be right to respond in detail now from the Dispatch Box, but we will ensure that the details are passed on for further work.
I am keen to respond to an offer made by the shadow team and to work where possible with Members of Parliament to run engagement and outreach events in their constituency. We have already made an arrangement with the hon. Member for Bristol West (Thangam Debbonaire), and we will make it clear that it is not a Home Office event, but one run by a Member of Parliament with the team attending. As I said, none of the information will be used for purposes unconnected with the Windrush taskforce and the Windrush compensation scheme, and I hope we can give people confidence in what the sessions will be about.
In an interesting speech, the SNP spokesman, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), raised several considered points. We have already announced some changes to the mitigation policy, based on the advice from the independent adviser and feedback from stakeholders. The hon. Gentleman made a fair point about what happens when someone misses the deadline by a day in 2023 due to ill health, or perhaps a probate issue. We will continue to review the process, take advice and engage with stakeholders and the independent adviser. There is a balance to be struck between having a date far enough in the future to enable people to feel confident that they have time to make their claim, but soon enough to encourage people to put in their claim. We felt that the two-year extension also gives certainty on procurement for those who provide independent advice to claimants.
That brings me to another point made by hon. Members on how independent advice will be provided. To be clear, the initial procurement went to Citizens Advice and we have extended that until a new service is procured. We thought it right to do that, so that independent advice continued to be available to claimants. The procurement is an open process and we look forward to seeing bids involving groups that can get out and ensure that people get the compensation they deserve.
Regarding the scope of the scheme, it is open to anyone from a Commonwealth country who arrived and settled in the UK before 1973, anyone of any nationality who arrived and settled in the UK before the end of 1988, children, grandchildren and other close family members of such a person who may have been affected, and the estates of those who are now deceased but who would have been eligible to claim compensation. References commonly made to “the Windrush generation” are a shorthand way to ensure that the public are aware of what we mean, but we are not talking purely about people from the Caribbean; those from the wider Commonwealth are also affected.
In the detailed design of the scheme, we are committed to ensuring that everyone who is due compensation can receive it. We worked with the independent adviser, Martin Forde, to ensure that the evidential threshold is as low as possible, and the team will work with claimants to provide as much information as possible to support their claim, but when spending public money it is important to have a minimum amount of information and evidence required. The changes introduced last week show that we will respond to comments and experience, as claims progress.
The taskforce has a dedicated vulnerable persons team to provide help and advice where safeguarding and vulnerability issues are identified. I am advised that up to the end of September 2019, the team had provided support to nearly 1,000 individuals. We have a fast-track service, operated with the Department for Work and Pensions, to confirm status and residence and to arrange access to benefits. Again, we will pick up the cases mentioned in the debate today and make sure a response is given.
Immigration Detention: Victims of Modern Slavery
Helen Hayes Excerpts(4 years, 10 months ago)
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Caroline Nokes
The hon. Gentleman might have missed the comment that I made at the start of this urgent question. Just because somebody is a victim of modern slavery or trafficking does not mean that they have immigration status in this country. It is important that we reflect on the fact that our first port of call is to offer a voluntary return, so that somebody may go back to their country of origin and receive support there. There are reintegration packages. We must not assume that we are best placed to assist those people who have been trafficked.
Helen Hayes (Dulwich and West Norwood) (Lab)
A system which detains people to whom the state has a duty of protection, which regularly separates parents from their children, which results in people being denied access to food and medicine and living in appalling conditions, and which incarcerates people indefinitely who present no risk to public safety in the UK, is a system of which we should all be ashamed. Does the Minister accept that the current immigration detention system is a pillar of the hostile environment, and that the time has come for radical reform?
Caroline Nokes
I remind the hon. Lady that the detention estate is significantly smaller than it was when the last Labour Government left office. She is wrong to suggest that people in immigration removal centres are denied access to food and medicine. They have 24/7 access to healthcare and it is absolutely right that they must do so. We take the vulnerability of detainees incredibly seriously, which is why we commissioned Stephen Shaw to do his re-review last year and are implementing his recommendations. It is absolutely right that we have chosen to shrink the detention estate and that we are seeking to pilot schemes where individuals can be better supported in the community. We will continue down that road.
Oral Answers to Questions
Helen Hayes Excerpts(4 years, 10 months ago)
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Thangam Debbonaire (Bristol West) (Lab)
Helen Hayes (Dulwich and West Norwood) (Lab)
The Minister for Immigration (Caroline Nokes)
We continue to engage with international and domestic delivery partners and stakeholders, as we work through the detailed policy and operational considerations for the new global resettlement scheme. In the meantime, we continue towards our commitment of resettling 20,000 of the most vulnerable refugees affected by the conflict in Syria.
Caroline Nokes
The hon. Lady will know—this is an ambition that I have often voiced to her—that we have sought to bring together the vulnerable persons resettlement scheme, the vulnerable children’s resettlement scheme and the gateway protection scheme, to consolidate our refugee programmes. We continue to work closely with the United Nations High Commissioner for Refugees, and indeed with those delivering the schemes, local authorities included. As part of the ambition—this is why we have given a figure in the region of 5,000—it is important that we learn from VPRS, work through local authorities to establish the number of people they can best assist through the schemes and make sure that we do not downgrade the good commitments we have previously given on resettlement.
Helen Hayes
Young adult asylum seekers often face unique and complex challenges to their mental health and wellbeing, with many having survived unimaginable experiences in their country of origin and during their long and treacherous journey to reach this country. In setting out details of the integrated programme to resettle an additional 5,000 refugees from 2020 to 2021, will the Minister commit to there being a youth welfare officer in every asylum accommodation and dispersed accommodation location, so that vulnerable, traumatised 18 to 25-year-olds receive the support that they need to recover from their experiences and can live as well as possible in the UK?
Caroline Nokes
The hon. Lady is absolutely right to point out the distinction between the formal resettlement schemes referred to in the question and those young people who have made, in many instances, terrible and perilous journeys of many thousands of miles and who have travelled across the whole of Europe to get to these shores. It really is important that we work to support young asylum seekers; I am conscious that the largest numbers will be found in a small number of local authorities, particularly Croydon, Kent and Hillingdon, which work incredibly hard to support not only unaccompanied minors but those leaving the care system and those for whom we have a responsibility up to the age of 24 under the Children and Families Act 2014. It is crucial that we get this right; that is why I was so pleased to see the uplift in funding to local authorities for unaccompanied asylum seeking children.
Oral Answers to Questions
Helen Hayes Excerpts(4 years, 11 months ago)
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Jessica Morden (Newport East) (Lab)
Helen Hayes (Dulwich and West Norwood) (Lab)
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Caroline Nokes
We worked very hard with the independent adviser, and indeed with victims of Windrush, to ensure the claim form was as accessible and as easily understood as possible. It is a complicated claim form, because there are 13 different heads of claims under which people are able to claim compensation, but we have set up a contract with Citizens Advice so they can get independent advice without having to resort to using lawyers.
Helen Hayes
Community organisations working with Windrush citizens, including the Black Cultural Archives in my constituency, report that the compensation scheme simply is not working. The form is too complex, advice is neither accessible nor specialist enough, and the burden of proof is far too high. Will the Minister review the scheme, acknowledge that it is not working, and, as an absolute minimum, provide immediate funding for specialist legal advice to be available not only by phone but in person to every Windrush citizen who needs it?
Caroline Nokes
As I outlined, there is already a contract in place with Citizens Advice to provide that independent advice. There is an ongoing series of engagement events, with taskforce officials from the Home Office attending different community groups across the country, including in London. There have been two events in Newport. It is important that we get this right, which is why we worked with Martin Forde to have a scheme that gave us independent advice. It is important that we work through it. I know that at 18 pages the claim form is quite long, but of course individual claimants have to fill in only the components that are relevant to them, not every page.
Windrush Compensation Scheme
Helen Hayes Excerpts(5 years, 1 month ago)
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Caroline Nokes
Absolutely, I am happy to give that commitment. The hon. Lady makes an important point about the importance of outreach and of building trust. I am absolutely determined to do what she has asked and to provide information to hon. Members across the House of when there will be outreach events in their constituencies or close by. I recognise that, in the case of Manchester, a number of Members are close by. We will certainly provide that information.
As I mentioned, in many instances it is those from the community who can provide the greatest reassurance. I was struck last week when talking to two gentlemen from Birmingham by the emphasis they put on the work that their charity does in supporting individuals. I have taken a close interest in that and looked to see how the Home Office can provide additional assistance to such individuals, who provide such a useful bridge between Home Office officials and the community.
Helen Hayes (Dulwich and West Norwood) (Lab)
The first engagement event on the Windrush scheme took place on Friday in Brixton, just outside my constituency. It was called at just a day’s notice, it was not publicised systematically and I received an email late on Friday evening informing me of the event. That is simply not meaningful engagement and, frankly, it does not treat the community affected by the scandal with respect.
The application form requires a very high level of proof—for example, receipts from hostel accommodation used when someone was made homeless. That is comparable to the burden of proof that led many Windrush citizens to be wrongly denied their rights in the first place. Will the Minister agree to review the scheme to ensure that it works for Windrush citizens, is accessible to all and delivers the justice and recompense to which they are entitled? Will she undertake genuinely meaningful engagement, properly publicised, in the communities that are most affected?
Caroline Nokes
The hon. Lady makes an important point about the publicity surrounding events and the importance of doing it in a meaningful way. I am conscious that we have a schedule of events planned, but I am never happy when I think that information is provided at too short notice. I will undertake to ensure that that does not happen and that not only Members but affected members of the community are given adequate information about when events will take place.
We designed the application form and scheme in consultation with members of the Windrush generation, and we sought to make the form as straightforward as possible. Of course, there are sections that will be relevant to some claimants and not to others. I certainly hope it is clear that people are not expected to fill in every single section of the form. Where they are asked for evidence, that is if evidence is available. The Home Office is determined to work alongside individuals to ensure that where evidence is not available, people are assisted either to find it or directed towards the tariff route, where evidence will not be required to the same extent. It is important that we get the balance right, but the hon. Lady has made some important points that we will certainly take on board.
Windrush Compensation Scheme
Helen Hayes Excerpts(5 years, 1 month ago)
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Helen Hayes (Dulwich and West Norwood) (Lab)
Will the Home Office fund independent legal advice for those Windrush citizens who may not be able to navigate the Home Office website system or who may feel entirely unable directly to approach a Department that has so comprehensively breached their trust?
Sajid Javid
As I mentioned earlier, we have tried to make it as simple as we can to navigate, with guidance and a freephone number. If anyone finds themselves in that circumstance, I suggest that the first thing they do is call the freephone number.
Oral Answers to Questions
Helen Hayes Excerpts(5 years, 1 month ago)
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Mr Hurd
I hope the right hon. Gentleman would welcome the additional public investment in North Wales police, as seems to be the case. That is part of a trend, which I hope he would welcome, of increased public investment in policing. If we want more to go into policing, we have to pay as taxpayers. Whether it comes from central Government or local government is not the point. He will know that most funding for local policing comes from the taxpayer through the centre. I will take no lectures on precepts from the Labour party, which doubled council tax when it was in power.
Helen Hayes (Dulwich and West Norwood) (Lab)
Sandy Martin (Ipswich) (Lab)
The Minister for Policing and the Fire Service (Mr Nick Hurd)
As the House has heard, the Government attach high priority to bearing down on the cycle of serious violence and have recently committed an additional £100 million to support police services in that effort.
Helen Hayes
Last Wednesday another life was tragically lost to serious violence in my constituency when a young man was shot at close range in West Norwood in the middle of the afternoon, leaving another family devastated and another community traumatised. The Government committed last October to a public health approach to serious violence, but they have taken until today to hold a meeting about it. When will the public health approach be implemented in full, and when will the killings stop?
Mr Hurd
I have a great deal of sympathy for the hon. Lady and the situation in her constituency—I, too, have suffered a recent murder in my constituency—but it is a misrepresentation of the Government’s position to say that we have just embarked on a journey of underpinning our strategy through a public health approach. What we have announced today is the launch of a consultation on a statutory duty to co-operate.
Knife Crime
Helen Hayes Excerpts(5 years, 2 months ago)
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Sajid Javid
My hon. Friend is absolutely right to raise that issue. He has referred to the report just last week of the Children’s Commissioner, who is on the serious violence taskforce. I very much welcomed her report. She is absolutely right to look at this whole issue of vulnerable children who have been drawn into these gangs. Hon. Members have talked about the pupil referral units in that regard as well. There are some very sensible recommendations in the report and we will be working with her and others to see what more can be done.
Helen Hayes (Dulwich and West Norwood) (Lab)
The past two years have seen six tragic knife murders in my constituency, including, in the past month, the murders of Dennis Anderson in East Dulwich and Glendon Spence, who died after being chased into a youth centre in Brixton. For every tragic victim, there are countless families who are living in daily fear. One mother told me recently of her teenage son. She said:
“I pray when he leaves the house and I don’t breathe until he is home again.”
The public health approach cannot be implemented by public services—whether health, education, police, social services, youth services or housing—which have been decimated by nine years of austerity. When will the Secretary of State commit to not just piecemeal pockets of limited funding, but a reversal of the devastation of our public services, which is resulting in our communities living in fear?
Sajid Javid
What I have outlined today, or summarised again for the House, are what I think are some very significant increases in resourcing: the increase in police resourcing, the largest since 2010, and the record amount invested in youth intervention, including the £200 million endowment fund. Those are very significant investments. I am not suggesting for a second that the hon. Lady cannot be right that more resources might be needed. If that is absolutely necessary, of course, that is what will happen, but it would be wrong to say that they are piecemeal resources and in some way insignificant.
Windrush Scheme
Helen Hayes Excerpts(5 years, 3 months ago)
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Sajid Javid
Every one of those cases already has to be reviewed by a Minister.
Helen Hayes (Dulwich and West Norwood) (Lab)
I have written extensively to the Immigration Minister and to the Secretary of State for Work and Pensions about my constituent, a Windrush citizen, who has been denied attendance allowance because she was not in the country during the assessment period. The only reason why she was not in the country was the illegal action of the British Government. Will the Home Secretary now accept that a lack of joined-up working between Government Departments on the Windrush scheme is compounding, increasing and prolonging the injustice that the Windrush citizens are suffering?
Sajid Javid
We work closely with the Department for Work and Pensions, and the hon. Lady gives an example of why that is absolutely necessary. If she wants to give me further details of her constituent’s case, we will look into it as a matter of priority.
Points of Order
Helen Hayes Excerpts(5 years, 3 months ago)
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Mr Speaker
I am most grateful to the hon. Gentleman for his courtesy in giving me advance notice of his intention to raise his point of order. I am also obliged to him for confirming in the Chamber that he notified the hon. Member for Dulwich and West Norwood (Helen Hayes) of his intention to raise the matter.
It is, of course, the responsibility of each and every hon. Member to have a care for the accuracy and appropriateness of what is said in this Chamber. It must be added that, in saying what they think is accurate and appropriate, very often other right hon. and hon. Members disagree with their assessment. I say that, as people will readily appreciate, because that is the nature of political discourse.
Does anybody else wish to contribute on this matter?
Mr Speaker
Of course, I will happily hear the hon. Lady. She is not under any obligation to respond, but if she wishes to do so, she may. I hope the hon. Member for East Londonderry (Mr Campbell) feels that he has registered his point with his usual force and courtesy. That is on the record.
Helen Hayes
On a point of order, Mr Speaker. I too thank the hon. Member for East Londonderry (Mr Campbell) for advance notice of his point of order. I hope he will respect the fact that yesterday I quoted verbatim from a constituent of mine who works and is an employer in the hon. Gentleman’s constituency in Northern Ireland, and has spent extensive time there over several years. It was not conjecture, but a report of reality on the ground.
Responsibility for individual despicable acts of violence clearly rests squarely with the perpetrator, but after 30 years of the troubles, peace in Northern Ireland was painstakingly negotiated through the Good Friday agreement. My constituent has been raising concerns with me for several months about escalating tensions in the community in Londonderry where his business is based. Those issues and the impact that Brexit is already having on the fragile and complex situation in Northern Ireland have been reported widely, but there has been very little discussion of them in this Chamber. They are of an order of magnitude that demands that they be raised. If the Democratic Unionist party will not raise them, I will do so where I have cause to do so via my constituents.
The Prime Minister has so far failed to give any details of alternative arrangements for the Irish border to provide reassurance that a frictionless border without infrastructure is possible—
Mr Speaker
Order. I have indulged the hon. Lady, who always addresses the House with great courtesy. I hope she will forgive me. She is very forensic, but she was reading out what amounted to a speech on this matter. It therefore strains credulity to suppose that it could be characterised as a point of order. I normally have no wish to cut her off. She has made her point with considerable force and insistence—[Interruption.] And she enjoys the benefit of the endorsement of her right hon. Friend the Member for Exeter (Mr Bradshaw), who has just observed from a sedentary position that she made her point very well. I suspect that her cup runneth over, and I think she should leave it there.