Comparison of Divisions: Gurkha Settlement Rights — Government defeat — 29 Apr 2009 at 15:49 with Division No. 104 on 22 Nov 2005 at 18:49

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

I beg to move,

That this House is extremely concerned that the Government is failing to tackle welfare reform despite promises to do so; recognises that the pensions system is in crisis; notes that the Prime Minister believes the Child Support Agency is not suited to carry out the task that it has been given; believes that the New Deal has failed to deliver; notes that 116,000 more people are claiming incapacity benefit than in 1997 despite the Government's pledge to reduce the number; is deeply disturbed that the Incapacity Benefit Green Paper, which was due to be published in the summer and then the autumn, will not now be published until January; believes that this is due to continuing conflict between the Prime Minister and the Department for Work and Pensions on the desired content of the Paper; and calls on the Government finally to deal with the increasingly urgent need for welfare reform, for the benefit of users of the system and all taxpayers.

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

"welcomes the Government's consistent commitment since 1997 to pursue welfare reform to create an active, enabling welfare state where rights match responsibilities; supports the recent publication of the Principles of Welfare Reform, which builds on the foundations laid out in A New Contract for Welfare, published in 1998 and the Department for Work and Pensions' Five Year Strategy of February 2005; commends the Government's achievements in helping 2.1 million children out of absolute poverty since 1997; recognises the success of the New Deals, through which over 1.2 million people have moved into work; notes that new claims for incapacity benefit have been cut by one third since 1997; further recognises the importance of the National Pensions Debate in creating a dialogue with the public and building a consensus on pensions reform; further welcomes the progress made on tackling disability discrimination, opening doors for disabled people to remain in or return to work; in contrast, condemns the shameful record of the Opposition who spent more on administering the Child Support Agency than they paid out in maintenance and who allowed those on unemployment benefit to hit three million twice whilst also trebling the numbers on incapacity benefits between 1979 and 1997, costing the taxpayer billions and condemning millions of people to a life of benefit dependency."

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

The House divided: Ayes 232, Noes 309.