Comparison of Divisions: Gurkha Settlement Rights — Government defeat — 29 Apr 2009 at 15:49 with Division No. 48 on 16 Jan 2008 at 18:51

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 believes that human trafficking is the modern equivalent of the slave trade, and, while welcoming the Government's commitment to ratify the Council of Europe Convention on Action against Trafficking in Human Beings, regrets that this commitment has been delayed for more than a year since the Conservative Party first asked the Government to take this step, and will not come into effect during 2008; welcomes the forthcoming United Nations forum to fight human trafficking and urges the Government to take further immediate steps to help the victims of trafficking, including new measures to intercept traffickers and victims at our borders, better provision of refuge places, the use of telephone helplines, and a drive for better cooperation among national authorities within Europol and Eurojust, so that the United Kingdom can become one of the leading countries fighting human trafficking.

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

"condemns the trafficking of human beings as one of the most vile crimes to threaten our society; welcomes the Government's commitment to make the necessary legislative and procedural changes required to ratify the Council of Europe Convention on Action Against Trafficking in Human Beings before the end of 2008; believes that ratification is an important milestone in the Government's concerted strategy to protect the victims of trafficking and bring to justice those who exploit them; notes that the UK Action Plan on Trafficking, published in March 2007 on the same day as the UK signed the Convention, comprehensively pulls together the work already under way across Government to tackle trafficking and creates a platform for future work; praises the work of the UK Human Trafficking Centre, established in March 2006 as the central point of expertise and operational co-ordination in tackling human trafficking; supports the valuable work done as part of nationwide police-led anti-trafficking operations, including Pentameter 1 and 2; and notes the £4.5 million of government funding provided over the last five years for victim protection under the POPPY scheme, which supports adult women trafficked into the UK for sexual exploitation.".

The House having divided: Ayes 241, Noes 317.