Windrush Compensation Scheme

Joanna Cherry Excerpts

Tuesday 9th April 2019 Commons Chamber

[Caroline Nokes]

It is absolutely right to reflect that the scheme has been open only for very few days so far, but we have received claims, registered them and sent out claim forms, which we are expecting back. I am not aware of any fraudulent claims to this scheme, and I am very conscious that we have put in place a rigorous process, which will enable all claims to be assessed fairly and indeed with full rigour. It is important to reflect that the Home Office is determined to work with individual claimants. There may be cases in which Home Office data enable us to assist people to determine the level of claim, and we are absolutely determined to do that.

[Joanna Cherry (Edinburgh South West) (SNP)]

I congratulate the right hon. Member for Tottenham (Mr Lammy) on securing this important urgent question. It is imperative that the victims of the Windrush scandal are compensated justly for the terrible treatment that they endured.

I was a member of the Joint Committee on Human Rights which took evidence from two of the victims of this disgraceful scandal. Anyone who heard their testimony about the effect of wrongful detention, and of years of persecution and threatened deportation, would regard some of the amounts in this scheme as derisory. After a year-long wait for the compensation scheme, it is disappointing that it has serious flaws, some of which have already been enumerated by others. It seems to be a great deal more mean than was suggested by the Home Secretary at the Dispatch Box, when he said that there would be no cap on the scheme. A cap, however, has clearly been introduced through the back door by applying internal caps on pay-outs, which will equate in effect to caps on how much individuals receive.

As has been said, some of the pay-outs under the scheme are wholly unacceptable: £250 per month for people who were rendered homeless as a result of that unjust treatment; or a maximum award of £500 for legal affairs. The Home Secretary refuses to compensate people for the full cost of immigration law advice; he claims that they do not need legal advice to make an immigration application. Any of us who deal with immigration matters in our constituency surgeries knows that not to be the case. Those of us who study closely the Home Office files of the individuals who gave evidence to the Joint Committee on Human Rights will tell you that only with the assistance of lawyers did they manage to disentangle themselves from this mess.

Is it not time for the Home Secretary to admit that removing legal aid from immigration matters was a huge error? The Government must fully compensate those of the Windrush generation who had to pay out of their own pockets to defend themselves against that state injustice. Will the Minister accept that the minimal pay-outs under this scheme will achieve nowhere near justice for such people? Does she agree that, if the Government were truly serious about rectifying the wrongs of the scandal, they would look at this scheme anew and scrap the hostile environment, which already threatens to have the same impact on European Union citizens applying for settled status.

[Caroline Nokes]

I thank the hon. and learned Lady for her questions. She commented on the long wait for the scheme. She will of course recognise that not only did we appoint Martin Forde as an independent adviser to the scheme, but he came to the Home Office to ask for additional time, so that the consultation period could be open for longer. More than 1,400 responses were received to the consultation, and it was absolutely right to give adequate time for the responses to be considered carefully and thoroughly.

The hon. and learned Lady will be aware that the scheme includes both a tariff category and actuals. It is important to reflect that, where actuals have been accrued, the Home Office seeks to reimburse people through those fees. However, we recognise that it may be hard for people to provide evidence of actuals, which is why it was so necessary to put a tariff scheme in place as well, so that people would not be dependent simply on being able to provide the evidence.

The hon. and learned Lady made a wider point about the complexity of the Home Office’s immigration scheme. She will no doubt welcome the consultation on that being carried out by the Law Commission. If she has not already done so, I hope that she responds to that consultation before it closes, which I believe to be imminent.