Comparison of Divisions: Opposition Day — [18th Allotted Day] — Penal System — 24 Jul 2007 at 19:17 with Division No. 104 on 29 Apr 2009 at 15:49

I beg to move,

That this House considers that the Government's management of the prison system has become a national disgrace; believes that the Government by ignoring official projections of the prison population and failing to plan for sufficient capacity has allowed jails to become overcrowded, reconviction rates to rise and the Probation Service to become overstretched; further considers that the Government's resort to releasing prisoners early, including violent offenders, without risk assessment or accommodation checks is wholly unacceptable; notes that many of those released under the scheme have previously been refused release on Home Detention Curfew and that others have already re-offended when they should have been in custody; is concerned that offenders are also being transferred early to open prisons from which they can and do abscond at any time and that over 4,000 offenders released early on electronic tags have re-offended, committing over 1,000 violent crimes; further believes that the modest additional prison capacity announced by the Government will be insufficient; and calls upon the Government to halt the End of Custody Licence scheme and take immediate steps to ensure adequate prison capacity, the proper treatment and rehabilitation of offenders, and the safety of the British public.

I beg to move, To leave out from "House" to the end of the Question, and to add instead thereof:

"welcomes the record of the Government which has since 1997 cut crime, reformed the penal system, invested in record prison places, created a legislative framework which provides tough and effective sentences, introduced risk assessment and offender management systems, introduced and seen ever increasing numbers of offenders complete accredited programmes, enabled record numbers of offenders to pay back to the community through unpaid work, ensured that offenders in the community who pose a risk to the public are recalled to custody, radically reformed the youth justice system and brought the prison and probation services together under the National Offender Management Service with a renewed focus on protecting the public and reducing re-offending."

Question put, That the original words stand part of the Question:-

The House divided: Ayes 156, Noes 355.

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