Comparison of Divisions: Gurkha Settlement Rights — Government defeat — 29 Apr 2009 at 15:49 with Division No. 171 on 3 Jul 2007 at 19:20

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 reaffirms its commitment to equitable access to high-quality NHS care, based on need not ability to pay; regards local access to NHS services as an important aspect of quality of care; urges the development of practice-based commissioning to incentivise primary care access and the integration of GP services, out-of-hours care, urgent care and NHS Direct services; calls on the Government to publish its review of walk-in centres and patient access survey results; notes the continuing threat to community hospitals, local accident and emergency and maternity services; calls for the preparation of evidence-based service models which seek to maintain local access to accident and emergency services, and to maintain community-based treatment and diagnosis and maternal choice; and further calls on the Government to ensure the fair allocation of resources, relative to burden of disease, to secure equitable access to NHS services.

I beg to move, To leave out from "House" to end and add:

"supports the Government's trebling of investment in the NHS by 2008 and welcomes the recent confirmation of an extra £8 billion for 2007-08; congratulates the staff and the medical professions for their hard work and commitment in helping progress towards this Government's historic maximum 18 week wait from GP referral to treatment; welcomes the extra choice available to patients with new services more convenient for their lives including around 90 NHS walk-in centres and the £750 million programme for developing community facilities providing care closer to home; recognises the achievement of the NHS in delivering a wide range of quality personal services convenient for patients including NHS Direct, 23 new independent sector treatment centres increasing choice; further welcomes the 280,000 extra staff working for the NHS since 1997 including 80,000 more nurses and 35,000 more doctors; further 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 over three million Choose and Book appointments have been made so far, allowing patients to choose appointments that are at convenient times to fit in with their lives; and recognises the need to ensure that the views of NHS staff and patients are paramount and that Government must engage fully in a dialogue with them about the future of the NHS.".

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

The House divided: Ayes 193, Noes 292.