Comparison of Divisions: Gurkha Settlement Rights — Government defeat — 29 Apr 2009 at 15:49 with Division No. 320 on 12 Nov 2008 at 16:17

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

Motion made, and Question proposed,

That the following new Standing Order and amendment to temporary Standing Orders be made, with effect from 1st January 2009 until the end of the current Parliament-

A. New Standing Order

Regional select committees

(1) Select committees shall be appointed to examine regional strategies and the work of regional bodies for each of the following English regions:

(a) East Midlands

(b) East of England

(c) North East

(d) North West

(e) South East

(f) South West

(g) West Midlands

(h) Yorkshire and the Humber.

(2) Each committee appointed under this order shall consist of not more than nine members; and, unless the House otherwise orders, all Members nominated to a committee shall continue to be members of that committee for the remainder of the Parliament.

(3) A committee appointed under this order shall have power-

(a) to send for persons, papers and records, to sit notwithstanding any adjournment of the House, to adjourn to any place within the United Kingdom, and to report from time to time;

(b) to appoint specialist advisers either to supply information which is not readily available or to elucidate matters of complexity within the committee's order of reference;

(c) to invite-

(i) Members of the House who are not members of the committee but represent constituencies within the region in respect of which it is appointed, and

(ii) specified elected councillors from the region in respect of which it is appointed

to attend and participate in its proceedings at specified meetings (but not to move motions or amendments, vote or be counted in the quorum).

B. Amendment to Temporary Standing Order of 13th July 2005:

Liaison Committee (Membership)

At end add-

(4) In addition to the members appointed under paragraphs (2) and (3) of this order, one Member who is for the time being the Chairman of a Regional Select Committee shall be a member of the Liaison Committee.

(5) The question on a motion in the names of the chairmen of all the Regional Select Committees to nominate a member of the Liaison Committee under paragraph (4) shall be put forthwith and may be decided after the moment of interruption.- [Chris Bryant.]

Amendment proposed, (b), in line 18, after 'members', insert

'who represent constituencies within the relevant region'.- [Simon Hughes.]

Question put, That the amendment be made:-

The House divided: Ayes 90, Noes 235.