Comparison of Divisions: Gurkha Settlement Rights — Government defeat — 29 Apr 2009 at 15:49 with Division No. 29 on 3 Feb 2009 at 18:46

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 regrets that the number of young people not in education, employment or training in England has grown from 686,000 to 850,000 since 2000, that the number of adult learner places has fallen by 1.3 million in just two years, and that the number of UK students enrolled at university is now falling; notes that current policies are hindering training opportunities by cutting support for second-chance students, placing too much emphasis on paper-based qualifications rather than raising skills, imposing too many bureaucratic obstacles on employers wishing to offer apprenticeships and freezing the further education capital spending programme despite the Prime Minister's commitment to bring forward capital projects; believes that providing improved opportunities to up-skill and re-skill is more important than ever given the challenges posed by the recession; and calls on the Government to boost the number of apprenticeships, provide more support to young people not in employment, education or training, help small and medium-sized employers access training, improve opportunities for adult learners, and introduce an all-age careers service.

I beg to move an amendment, to leave out from "House" to the end of the Question and add:

"commends the Government's efforts to boost the number of apprenticeships, provide more support to young people not in employment, education or training, and improve opportunities for adult learners and introduce an adult advancement and careers service; welcomes the real help provided to those affected by the downturn, including increasing the support available through the further education and skills systems; further welcomes the £240 million allocated to help those facing redundancy or newly unemployed; welcomes the additional £140 million to boost apprenticeships, the trebling of Professional and Career Development Loans, and making the Train to Gain programme more responsive, including through £350 million support for small and medium-sized enterprises; notes the Government's planned investment of £2.3 billion in renewing and modernising further education facilities over this spending review; commends its efforts to help colleges and universities become more responsive to the employer's needs, including the £50 million Higher Education Funding Council for England economic challenges fund, and to ensure the £175 billion public procurement budget maintains and strengthens investment in skills; further welcomes the simplification of existing systems; further notes that three million people access the skills system every year, with more 18 to 24 year olds working or engaged in full-time education compared to 1997; further notes the number of students in higher education in England is rising, not falling; and further notes that the Government will resist calls to cut skills budgets, as this would undermine the steps being taken to provide real help to business and individuals now."

The House having divided: Ayes 218, Noes 308.