Comparison of Divisions: Gurkha Settlement Rights — Government defeat — 29 Apr 2009 at 15:49 with Division No. 205 on 10 Oct 2007 at 15:51

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 with concern the fact that fewer than half the nation's schools are good according to the measure preferred by Ministers, that 40 per cent. of children leave primary school without having reached the standard in reading, writing and arithmetic demanded by the Government and that more than a million young people are not in education, employment or training; and therefore calls for an improvement in the leadership and culture of the Department for Children, Schools and Families to make it a stronger and more effective voice for better education.

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

'commends the real and substantial improvements achieved over the past decade in educational standards and welcomes the Government's commitment to a world class education for all; applauds the unprecedented investment in education over this period, so that per pupil revenue spending has increased nationally by £1,840 per pupil (66 per cent.) in real terms between 1997-98 and 2007-08 and that by 2010-11 there will have been a seven fold increase in real terms in capital investment since 1996-97; acknowledges the proportion of pupils achieving the required standard in English at age 11 increased from 63 per cent. in 1997 to 80 per cent. in 2007 and in maths from 62 per cent. to 77 per cent.; further acknowledges that the proportion of pupils achieving five good GCSEs (at A*-C grades) increased from 45.1 per cent. in 1997 to 58.5 per cent. in 2006 and from just 35.6 per cent. to 45.3 per cent. for those achieving five good GCSEs including English and maths; notes that in 1997 there were 616 schools where less than 25 per cent. of pupils achieved five good GCSEs and that this number fell to 47 in 2006; welcomes the proposal to raise the participation age for education or training to 18 years; further welcomes the launch of the first five Diplomas as a key step towards this objective; and further commends the 10 Year Youth Plan and the creation of the Department for Children, Schools and Families, bringing together strategic leadership for all services to drive up standards, tackle poverty and ensure all children and young people have a safe, secure and happy childhood.'.

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

The House divided: Ayes 231, Noes 313.