Was Theresa May responsible for the decision to destroy Windrush generation immigrants' landing cards?

(EPA)

The Government is on the back foot over its handling of the cases of Windrush generation immigrants, with much of the row focusing on the destruction of the landing cards that were filled in when people entered the UK.

But where does the fiasco stem from, why does it matter - and to what extent is Theresa May responsible?

1. What is the issue?

   The government is facing heavy criticism over its treatment of Caribbean immigrants who came to the UK in the years after the Second World War. Named the Windrush generation after one of the first boats to reach UK shores, many who have lived in the UK for decades have encountered difficulties in recent months as a result of a government crackdown on illegal immigration.

   While Windrush immigrants who arrived before 1973 have a legal right to live in the UK, many have been unable to prove they meet the conditions for residency. As a result, some have lost jobs, pensions and access to free healthcare and, in some cases, been threatened with deportation.

   The problem partly stems from the fact the landing cards that were filled in when Windrush immigrants reached the UK have since been destroyed, making it hard for them to prove when they arrived.

   That decision has therefore been the subject of much scrutiny, including who was responsible and why ministers did not take this into account when implementing the new immigration rules.

2. When, and why, were the cards destroyed?

   The Home Office said on Tuesday that the cards were destroyed in October 2010. That immediately raised questions about the involvement of Theresa May, who was home secretary at the time.

   Government sources said the decision was taken in order to comply with data protection laws that state personal data must not be kept for longer than necessary. Keeping the documents would reportedly have placed the government in potential breach of these rules.

   The decision to get rid of the landing cards was taken by the UK Border Agency, the Home Office said.

3. What does Downing Street say?

   In an unexpected turn of events, Ms May claimed during Prime Minister’s Questions on Wednesday that the decision to destroy the cards had actually been taken in 2009 – under a Labour government.

   Asked by Jeremy Corbyn if she had signed off on the plan, she replied: “No, the decision to destroy the landing cards was taken in 2009 under a Labour government.”

   The prime minister’s spokesman immediately clarified that, while this was true, the shredding of the landing cards was an “operational decision” – meaning it was likely to have been taken by officials rather than Labour ministers.

   Downing Street later clarified that, while the “business case” for destroying the records was approved in June 2009 and some other documents were shredded later that year, the “operational decision” to begin getting rid of the landing cards was taken in October 2010 – when Ms May was in charge of the Home Office. She would have had the power to overturn the decision – but only, of course, if she was aware of it.

   A No 10 spokesman was unable to confirm whether Ms May had been informed of the decision – saying only that she was “not involved” in making it.

   The government has also emphasised that the decision to destroy the landing cards is not the reason for the issues now facing Windrush immigrants, because the documents alone would not have been enough to prove someone’s right to reside in the UK.

   A Home Office spokesperson said: "Registration slips provided details of an individual’s date of entry, they did not provide any reliable evidence relating to ongoing residence in the UK or their immigration status.

   “So it would be misleading and inaccurate to suggest that registration slips would therefore have a bearing on immigration cases whereby Commonwealth citizens are proving residency in the UK.”

4. Why does it matter?

   The decision to destroy the landing cards seems to have been the wrong one because they would have provided part of the documentation to help Windrush immigrants prove their right to live in the UK. However, the Government is correct in saying that the documents by themselves are not enough.

   The real question is not who decided to destroy the landing cards or why – it is why this decision has become politically significant. In many ways, this week’s row over the cards is a distraction from the real issue, which is the government’s decision to clamp down on illegal immigrants and the knock-on effect this has had on many people who are living in the UK legally.

   Theresa May was almost certainly not responsible for the decision to destroy the landing cards. She may have been aware of it, but it is not the kind of issue a cabinet minister gets bogged down in.

   What the now prime minister is responsible for, however, is the conscious decision to create, in her own words, a “hostile environment” for illegal immigrants. While ministers will defend this, it is clear the government failed to foresee or adequately address the ramifications for other immigrants who are in the UK illegally.

   The distress, disruption and anxiety caused to those people has forced both Ms May and Amber Rudd, the home secretary, to apologise for the fiasco, with Ms Rudd admitting the Home Office “has become too concerned with policy and strategy and sometimes loses sight of the individual”. The home secretary is facing calls to resign over her department’s failings on the issue.

   Ministers have assured Windrush immigrants that no one with the right to stay in the country will be deported, and have set up a taskforce to help them – but the saga has brought to light many of the underlying problems with the government’s hardline approach to immigration, and the demands for more fundamental change are unlikely to go away.