Comparison of Divisions: Gurkha Settlement Rights — Government defeat — 29 Apr 2009 at 15:49 with Division No. 206 on 10 Oct 2007 at 18:44

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 the growing concern over the effect of Home Information Packs (HIPs) on a fragile housing market; observes that the Royal Institute of Chartered Surveyors has warned that the introduction of HIPs has already led to a downturn in the market for both four and three bedroom homes; recalls that the Government was warned against introducing HIPs from across the housing industry; is concerned that none of the revised secondary legislation for HIPs was scrutinised or debated by the House before its implementation; calls for Home Information Packs to be scrapped and Energy Performance Certificates to be implemented separately; and asserts that ending stamp duty for first time buyers up to £250,000 would do far more to help home buyers and sellers.

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

'believes that the ongoing reform of the home buying and selling process should revolve around the interests of the consumer and environmental sustainability; considers that the most important thing for the housing market is macroeconomic stability including sound public finances; therefore further believes that unfunded tax cuts including on stamp duty would be irresponsible; further believes that increased house building to deliver more affordable homes is essential to help first time buyers; further considers that the introduction of Home Information Packs and Energy Performance Certificates can improve the process of home buying and selling for consumers and provide them with vital information about the energy efficiency of homes and practical suggestions about how to cut fuel bills and reduce carbon emissions; and notes that the Government continues to work with industry to consider further reform of the home buying and selling process in order to maximise the benefits for consumers.'.

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

The House divided: Ayes 166, Noes 363.