Comparison of Divisions: Licensing Act 2003 — 12 Jul 2005 at 21:49 with Division No. 104 on 29 Apr 2009 at 15:49

This was an "opposition day" debate, where the opposition party proposes a motion, and the government, which holds the majority, always votes it down and replaces it with its own motion.

Those voting no rejected the motion that was being debated, which read:

This House notes with concern that with only 25 days to go before the 6th August deadline set in the Licensing Act 2003, only 20 per cent. of licence applications have been received; further notes the chaos that this is creating both for the licensing trade and for local authorities; is concerned by the problems of extra cost that the legislation is creating for village halls, sports clubs and community centres; regrets the effect that this will have upon local communities; condemns the Government for its lack of action in dealing with the problem; and calls upon the Government to extend the deadlines for the receipt of applications and re-examine the impact upon village halls and sports clubs.

A new motion was then put in place, which read:

This House commends the Government on its effective publicity campaign that has significantly increased the rate of applications to convert existing licences under the Licensing Act 2003 before 6th August; encourages remaining licensees to fulfil their responsibilities and get their applications in before that date; considers that failure to implement the Act without delay would deny local communities increased powers of intervention and improved democratic accountability with regard to licensing and deny the police the expanded powers that are vital to their efforts to tackle alcohol-related crime and anti-social behaviour; welcomes the powers in the Act to prevent crime and disorder and public nuisance, and protect children from harm; believes that the Act will benefit local communities, local economies and tourism and generate savings for business of almost £2 billion over 10 years; and furthermore, believes that the Act will be successfully implemented by 24th November 2005 and will be welcomed by industry and non-commercial organisations, including village halls and sports clubs, alike.

This then passed without a further vote.

The majority of MPs voted in favour of the motion:^[1]

• This House
• regrets the Government's recent statement^[2] outlining the eligibility criteria for Gurkhas to reside in the United Kingdom;
• recognises the contribution the Gurkhas have made to the safety and freedom of the United Kingdom for the past 200 years;
• notes that more Gurkhas have laid down their lives for the United Kingdom than are estimated to want to live here;
• believes that Gurkhas who retired before 1997 should be treated fairly and in the same way as those who have retired since;
• is concerned that the Government's new guidelines will permit only a small minority of Gurkhas and their families to settle whilst preventing the vast majority;
• further believes that people who are prepared to fight and die for the United Kingdom should be entitled to live in the country; and
• calls upon the Government to withdraw its new guidelines immediately and bring forward revised proposals that extend an equal right of residence to all Gurkhas.

As a consequence, the alternative Government motion, which read:^[3]

• This House
• recognises that this Government is the only one since the Second World War to allow Gurkhas and their families settlement rights to the United Kingdom;
• notes that in 2004 the Government permitted settlement rights to Gurkhas discharged since 1997, following the transfer of the Brigade HQ from Hong Kong to the United Kingdom;
• further notes that under these rules around 6,000 Gurkhas and family members have been welcomed to the UK;
• acknowledges that the court judgement of September 2008 determined that the 1997 cut-off date was fair and rational, while seeking clarification of the criteria for settlement rights for those who retired before 1997;
• further notes that on 24 April the Government published new and more generous guidelines for the settlement applications of Gurkhas who retired before 1997;
• supports this revised guidance, which will make around 10,000 Gurkhas and family members eligible to settle in the UK;
• further notes that the Government undertakes actively to inform those who may be eligible in Nepal of these changes and to review the impact of the new guidance within 12 months;
• further notes that the contribution Gurkhas have made is already recognised by pensions paid to around 25,000 Gurkhas or their widows in Nepal that allow for a good standard of living there; and
• further notes that in the year 2000 Gurkha pensions were doubled and that, earlier in April 2009, in addition to an inflationary uplift of 14 per cent., those over 80 years old received a 20 per cent. increase in their pension.

... was never voted upon.

Although this extremely rare Government defeat in an opposition day motion is not binding (has no legal force)^[4] a Government minister made a statement later in the day to bring "forward the date for the determination of the outstanding applications to the end of May."^[5]

• [1] Christopher Huhne MP, House of Commons, 29 April 2009
• [2] Phil Woollas MP, Written Ministerial Statement, 29 April 2009
• [3] Phil Woolas MP, House of Commons, 29 April 2009
• [4] Home Secretary Jacqui Smith blamed for humiliating Gurkhas defeat in the Commons, Daily Mail, 30 April 2009
• [5] Phil Woolas MP, House of Commons, 29 April 2009