Comparison of Divisions: Education and Inspections Bill — Requirement "to have regard to" the Secretary of State's Code for School Admissions — rejected — 24 May 2006 at 17:30 with Division No. 104 on 29 Apr 2009 at 15:49

The majority No voters rejected an amendment^[1] to the Education and Inspections Bill. The Bill, as it stood, would have required local education authorities, governing bodies of state schools, appeal panels and adjudicators "to act in accordance with" a code of practice decided by the Secretary of State on how they discharged their duties.

This Conservative amendment, which was defeated, aimed to prevent this change in terminology so that the actors outlined above would merely be required "to have regard to" the Secretary of State's code of practice.

The main aims of the Education and Inspections Bill were to^[2]:

• Allow schools to achieve 'foundation' or 'trust' status - this gives governing bodies greater freedom to manage the school.
• Reaffirm the existing ban on selection by ability and proposes a ban on interviewing.
• Give local authorities greater scope to intervene more quickly in failing schools.
• Ensure local authorities provide free school transport for the poorest families.
• Enable nutritional standards to be applied to all food and drink on school premises.
• Allow staff to discipline children for bad behaviour even outside of school.
• Ensure parents are held responsible for excluded pupils.

----

• [1] Nick Gibb MP, House of Commons, 24 May 2006
• [2] BBC Summary of the Education and Inspections Bill, 8 March 2006

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