Comparison of Divisions: Gurkha Settlement Rights — Government defeat — 29 Apr 2009 at 15:49 with Division No. 133 on 6 Jun 2007 at 15:49

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 acknowledges the aims of the NHS National Programme for Information Technology (IT) and supports them in principle, recognising the potential benefits IT can bring to patients and NHS staff if implemented correctly; deplores the hasty conception of the National Programme under the noble Lord, Lord Hunt of Kings Heath, and the failure to consult adequately with service users; regrets the parallel failure by the Department of Health to implement successfully the Medical Training Application process; expresses concern about the impact of the Care Records Service on patient confidentiality; notes in particular the concerns of the Committee of Public Accounts, in the context of its criticisms of the Government's mismanagement of IT projects at large about the cost, delays in the Care Records System, the lack of a firm timetable for delivery, the struggles faced by suppliers to the programme, and the lack of engagement with frontline NHS professionals; regrets the opportunity cost to patient care and the disillusionment caused by the Programme amongst NHS staff; seeks assurances on the supply chain, particularly regarding iSOFT and an explanation for the delays in Choose and Book; and therefore calls for a full and independent review of the NHS IT programme.

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

'recognises that a modern IT system is vital for delivering good healthcare; welcomes the NHS IT Programme which provides safer, faster and better healthcare for NHS patients, giving them more choice and control over their care; supports the objectives of modernising medical careers; further supports the aim of connecting over 30,000 GPs in England to almost 300 hospitals and giving patients access to their personal health and care information; congratulates the NHS on having already delivered 93 Picture Archiving and Communications Systems across the country including a 100 per cent. achievement in London, delivering faster results for patients; further congratulates the NHS for sending over 21 million electronic prescriptions so far, reducing inefficiencies and errors; welcomes the fact that over 85 per cent. of all GP practices have used Choose and Book to refer their patients to hospital and that almost 3.8 million Choose and Book bookings have been made so far, allowing patients to choose appointments that are at convenient times to fit in with their lives; and welcomes the news that approximately 1.2 million NHS employees now have access to the new broadband network N3.'.

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

The House divided: Ayes 226, Noes 282.