Comparison of Divisions: Gurkha Settlement Rights — Government defeat — 29 Apr 2009 at 15:49 with Division No. 148 on 31 Jan 2006 at 19:49

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

Those voting No agreed that the "Lords amendment No. 4" should remain in the Racial and Religious Hatred Bill. This had been a replacement of most of its contents.

The the original version of the Racial and Religious Hatred Bill passed by the Commons on 11 July 2005 changed "racial hatred" to "racial and religious hatred" in several places in the Public Order Act 1986, and defined the offence with regard:

"to all... words, behaviour or material[s]... that are likely to be heard or seen by any person in whom... they are likely to stir up racial or religious hatred."

In place of this, the Lords applied "Lords amendment No. 4", resulting in a version that said:

A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if he intends... to stir up religious hatred.

It went on to be very specific about the rules in relation to performances, witnesses making accurate statements in court, and the right of free expression.

Had the MPs voted against this Lords amendment, the Government would have substituted a new compromise version which was a combination of the two versions, but added the extra provision:

[A person] is guilty of an offence if... he intends... to stir up religious hatred, or... is reckless as to whether religious hatred would be stirred up [by his actions].

It appears that the fundamental dispute is that the Lords require there to be an intent to stir up hatred, rather than the intention to, say, crack a funny joke which the police happen to believe could be likely to stir up hatred.