Comparison of Divisions: Gurkha Settlement Rights — Government defeat — 29 Apr 2009 at 15:49 with Division No. 151 on 7 Feb 2006 at 18:21

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 notes that one in four people will suffer mental health problems; is aware that mental health trusts are facing some of the largest cuts in planned budgets whilst already having to cope with worryingly high recruitment shortages; further notes that patients with mental illness are often denied real choice in their treatments due to long waiting times for referrals and an acute shortage of non-drug therapies such as cognitive behavioural therapy; is alarmed at the particular problems experienced by black and minority ethnic patients in accessing services; is concerned at the continued absence of a Mental Health Bill almost four years after the first draft Bill was published; and calls on the Government to raise the relative importance of mental health within the NHS, making early intervention a priority in order to enable access to a range of appropriate services and urgently to publish a revised Mental Health Bill which recognises the rights and dignity of people with mental illness.

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

"recognises that the Government has made mental health a key priority through the National Service Framework for Mental Health and the NHS plan; welcomes the achievements set out in the National Director's progress report published in December 2004; further welcomes the record increases in investment and staffing; notes that under this Government there are now over 700 specialised community mental health teams and that suicide rates are the lowest since records began, that there are 1,200 more consultant psychiatrists, over 3,000 more clinical psychologists, and 8,000 more mental health nurses than in 1997; further welcomes the Government's five year action plan to tackle inequalities in mental health services amongst black and ethnic minority communities and its action to tackle social exclusion in mental health; acknowledges the Government's commitment to early intervention to support good mental health and improve preventative mental health services in the community, as set out in the recent White Paper "Our health, our care, our say: a new direction for community services", including by improving public understanding of mental health issues to counteract stigma and discrimination, expanding access to psychological therapies including cognitive behavioural therapy, promoting the use of information technology recently reviewed by the National Institute for Health and Clinical Excellence which supports people to take charge of their own treatment, and working with health professionals to improve standards in mental health services in the community; and further welcomes the Government's commitment to reform mental health legislation as soon as parliamentary time permits."

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

The House divided: Ayes 215, Noes 283.