#BTColumn – New Windrush proposals

Disclaimer: The views and opinions expressed by this author are their own and do not represent the official position of the Barbados Today.

by Vincent “Boo” Nurse

There is a well-worn maxim that advises that justice must not only be done but must be seen to be done.

The most recent pronouncements by British Home Secretary Priti Patel on the long saga of compensation for thousands of Caribbean people of the Windrush generation have gone some way towards meeting the guidance of that widely held principle.

Speaking this week in the British House of Commons, Ms Patel announced that there will be massive increases in the sums payable to those who are entitled to receive compensation because of the unlawful treatment meted out to them by the Home Office over many years. Overwhelmingly, the disputes arose over claims to citizenship, the right to work and live in the UK and many other related issues.

However, there are many who will argue that regardless of the sizes of the settlements now proffered, they will not nearly compensate for the hurt, pain and psychological damage that was inflicted on innocent people.

The harsh and inhumane policy was signalled by and executed under a former Home Secretary who later became Prime Minister, Theresa May. It bore no relation to decency in a modern world and ignored the tenets for basic rights and fairness when the cases of individuals such as members of the Windrush generation and their descendants were considered.

Many words have been written on this matter and due to the inept handling by the Home Office it has needlessly become a ‘cause célèbre’.

Be that as it may, perhaps we can now focus on the new proposals. In the main, Ms Patel announced that where previously there was a minimum payout of £250, the figure will be adjusted to £10,000. She also said the maximum payout would be raised to £100, 000.

However, she added that in exceptional circumstances this sum can be exceeded. Ms Patel also promised that settlement
of claims and payment of compensation will be dealt with quicker than before.

Ms Patel, given earlier utterances, appeared in a conciliatory mood. She said she “always promised to listen and act” and that it was her mission to “correct the wrongs of the past.”

The Home Secretary’s statement is a welcome departure from her earlier tone when she appeared, at least to the naked eye of a wronged people, that she was oblivious of the true depth of ill feelings and frustrations of the Black community in the UK at the lack of action by the Home Office.

The scandal erupted on a national scale in 2018 when it was first learnt that the Home Office had been flouting its own laws when determining the rights of individuals to remain in the UK.

Many of those affected had travelled on their parents’ passports and arguably, because of slack administration by the authorities, were subsequently unable to prove their legitimate right to residency at a later stage in their lives.

Social Workers and others have always argued that the requirements of proof to show right of citizenship and abode were impractical, obstructive, and in many cases, impossible. Indeed, one might add a category of racist in intent and execution.

We have now arrived at a place where government appears ready to meet its obligations to the long-suffering victims of an iniquitous and wicked policy which, by its nature and tactless promotion by Home Office civil servants, served to harm generations of Caribbean people who had come innocently to the UK in a long-held believe that they were British subjects although their roots were planted in the Caribbean.

The Windrush Working Group is a body charged with keeping watch on the progress of negotiations. Their Chairman, Bishop Derek Webley, in response to the Home Secretary’s announcement said: “Many will benefit from the relief that these new payments will provide and begin to move forward their lives with hope and determination.”

The scheme will be updated in consultation with the Windrush Working Group and any changes would apply retrospectively.

It should also be noted that the previous 12-month limit for compensation because of loss of earnings due to unlawful action by employers will be removed.

There appears to be light at the end of the tunnel, and I caught up with the architect of the scheme, Barbadian Queen’s Counsel and recently elected Honorary Fellow of Braemore College, Oxford University, Mr Martin Forde for his comments. He said that the changes are welcomed, but he will keep a wary eye on the delivery and implementation of the proposals. The newly elected Fellow had played a major role since the inception of the scheme and he felt that certain aspects have not been delivered as was expected, nor dealt with as was designed.

The Windrush affair will be seen as one where the arbiters for fair play were found to be asleep on the job. Much pain has been suffered and the scars may not fade, however large the amounts of compensation paid.

This is the last column for the year of A view from London before Christmas and I want to wish everyone a happy Christmas and incident-free 2021.

Vincent “Boo” Nurse is a Barbadian living in London who is a retired land Revenue Manager, Pensions and Investment Adviser. He is passionate about the development of his island home and disapora.