Windrush Compensation Scheme — House of Lords, 2020-06-24
Topic: Civil Rights
Richard Rosser (Labour, Centre-left): The Windrush scandal is a national cause of shame, and the Wendy Williams review exposed the callousness and incompetence that caused such deep injustice. The Windrush generation and their families have made an enormous contribution to every aspect of our national life since the arrival of the "Empire Windrush" 72 years ago. However, many faced appalling racism, extending beyond abuse to a lack of fair access to the basic necessities of life, including housing and jobs. The Williams review has brought home the extent to which these issues, and the associated deep injustice, remain; injustices that have been highlighted by Black Lives Matter The Home Secretary has said that the Government are accepting all 30 recommendations in the Williams review, but we will have to wait until nearer the Summer Recess to find out how, and over what timescale, the Government intend to implement them. At the moment we are still at the stage of words, not actions, from the Government, which still have other reports, including the David Lammy review, on which they have so far failed to act. This Government are quick to set up reviews and working groups, but slow to act on findings and slow to right the wrongs identified In her Statement, the Home Secretary informs us that she has established another cross-government working group to address the challenges faced by the Windrush generation and their descendants. How does this further working group relate to the "expanded cross-government Windrush working group, which will take a strategic view of a range of issues relating to Windrush and wider race inequalities"—[Official Report, 6/5/20; col. 551.] announced by the Home Secretary on 19 March this year, to which the Minister made reference during our debate on the Windrush compensation scheme on 6 May On 6 May, the Minister, on behalf of the Government, said that the Home Office estimate was that the Windrush compensation scheme would cost between £90 million and £250 million, based on 11,500 eligible claims. At £250 million, that works out at just below £22,000 per head, and at £90 million, it works at below £8,000 per head. Is that still the Government’s estimate of the number of eligible claims, and is that still the Government’s estimate of the cost of the scheme? If it is, do the Government believe that an average compensation settlement, on the Government’s figures, of somewhere between less than £8,000 and just below £22,000 represents a fair figure in the light of Wendy Williams’s words that: "The many stories of injustice and hardship are heartbreaking, with jobs lost, lives uprooted and untold damage done to so many individuals and families … They had no reason to doubt their status, or that they belonged in the UK" The impact assessment for the Windrush compensation scheme says: "The Government will also mitigate the risk of litigation and associated legal costs, which is likely to be more expensive than compensation through the scheme." In other words, the Government also regard the Windrush compensation scheme as likely to save them money. Could the Minister clarify whether accepting an offer of compensation under the scheme also means that the claimant can no longer take legal proceedings against the Government on this issue There is provision for an independent review by an HMRC adjudicator where a claimant is not satisfied with the outcome of their claim. Can the Minister confirm what appears to be the case—namely, that the Home Office can choose to reject the recommendation of an independent review The Government also said in the debate on the Windrush compensation scheme last month that "the award levels take into account existing precedents and ombudsman-recommended payments."—[Official Report, 6/5/20; col. 548.] What are the existing precedents, bearing in mind the way the Windrush generation were treated over so many years and the damning findings and words of Wendy Williams? Also, which ombudsman’s recommended payments were being referred to The progress in dealing with claims to date has been painfully slow. Apparently just 60 people were granted compensation in the first year of the scheme’s operation. The Home Secretary declines to apologise for the delay, but rather accepts it and simply implies that the pace is now increasing. Can the Minister say how many staff are involved in processing claims, expressed in full-time equivalents, and whether any of this work has been outsourced? The number of those who have received payment is small compared with the Government’s estimate of eligible claims. Does the Minister think that the number of claims to date reflects a lack of confidence in a Home Office that Wendy Williams said showed "a lack of empathy" Can the Minister say what the average compensation payment to date has been? How many claimants have referred their claim to an independent reviewer? In how many cases has as an independent reviewer recommended a change to the original decision? Have such recommendations all been accepted in full by the Home Office The Home Secretary has said that she will come back to Parliament before the Summer Recess to provide an update on how the Government will implement all the Williams review’s recommendations. That will be an opportunity for the Government to show that they recognise that the time for action is now. Not to do that would be to fail the Windrush generation yet again. I accept that I have asked a number of specific questions in response to the Statement. I would appreciate being given the information I seek and will be happy to accept a written response to the specific questions that cannot be responded to today.