A draft report into the Windrush scandal leaked to Tottenham MP David Lammy has led to calls for convicted criminals to be allowed to stay in the UK.
A leaked copy of the Windrush report calls on the government to consider an overhaul of the law ahead of a deportation flight to Jamaica set to take place this week.
Sajid Javid commissioned the review in July 2018, while home secretary, to avoid any future repeat of the Windrush situation.
The Windrush situation revealed that citizens of Commonwealth countries – who had an automatic right to settle in the UK until 1973 – had wrongly faced questions about those rights.
Some were denied entry to the UK when they sought to return home after visiting their country of birth, whilst others were wrongly denied access to public services and benefits.
One of the aims of the Windrush review, written by Wendy Williams – an inspector of constabulary, is to rebuild confidence among members of the Windrush generation and their relatives.
According to the draft of the report, that process would be helped by ending the deportation of foreign-born offenders who have mainly been raised in the UK.
David Lammy says that vulnerable people on board are also being deported for relatively minor crimes.
He told Newsnight: “It is a travesty to deport people in this way… they are spitting in the face of West Indian and Caribbean people in this country and you’ve got to call it what it is. It’s shameful”.
It's disgraceful that the government is pushing ahead with its deportation flight to Jamaica on Tuesday – while ignoring the Windrush Review's recommendations.
Peter came to the UK at 8 years old. It helps no one to split him up from his 6 British kids.pic.twitter.com/FEqSoxuuJx
— David Lammy (@DavidLammy) February 8, 2020
The draft of the report, written in June last year, says: “Government should review its policy and approach to FNOs [foreign national offenders], if necessary through primary legislation. It should consider ending all deportation of FNOs where they arrived in the UK as children (say, before age of 13). Alternatively, deportation should only be considered in the most severe cases.”
The Detention Action group estimates that at least two offenders due to be deported to Jamaica next week would be able to remain in the UK if the recommendations in the draft report were implemented.
Embattled Shadow Home Secretary, Diane Abbott, told Newsnight she would be calling on the government to publish the report.
This draft report is very embarrassing and shaming for the government.
Campaigners have said for years that it is unfair to deport people who came here as children and really don’t know any other country, and now this report confirms that.
We will be pressing the government to release this report as soon as possible.
You shouldn’t be deporting people who have never known another country.
Government continues to fail victims of the #Windrush scandal. There has only been a pitifully low level of compensation paid out so far. Shamefulhttps://t.co/i6Ykx5VSNQ
— Diane Abbott MP (@HackneyAbbott) February 7, 2020
Prime Minister Boris Johnson said that it is only proper that foreign criminals be deported telling the Commons: “I think the whole House will understand that the people of this country will think it right to send back foreign national offenders.”
But the mother of an offender due to be deported to Jamaica next week says her son would be allowed to stay if the recommendations in the draft Windrush report were implemented.
Carline Angus spoke with Newsnight about her son, Tajay Thompson, 23, was convicted as a teenager for possessing Class A drugs with intent to supply, serving seven months of a 15-month sentence at the age of 17.
“My son came here when he was five, so why is he in this category [to be deported]? I think he should be given a chance. If you don’t give him a chance to rehabilitate himself, how can he learn? He has already made his mistake, he apologised for it. All he needs is just a chance.”
The Home Office refused to comment on the leaked report while a spokesperson said: “The planned charter flight to Jamaica is specifically for removing foreign criminals. Those detained for removal include people convicted of manslaughter, rape, violent crime and dealing Class A drugs.”
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