Immigration (Discharged Gurkhas) Bill [HL]

My Lords, I beg to move that this Bill be now read a second time. I am most appreciative of the opportunity to introduce this Bill today. In essence, the purpose of the Bill is to amend the Immigration Rules in connection with the requirements for indefinite leave to enter and remain in the United Kingdom as a Gurkha discharged from the British Army. In 2004, the Government changed the Immigration Rules to allow Gurkhas with at least four years of service to remain in the UK after their discharge from the British Army. Prior to that change in the rules, Gurkhas could not be granted indefinite leave to remain after their discharge. However, the new rules apply only to Gurkhas discharged from the British Army on or after 1 July 1997. The Bill would enable Gurkhas who left service prior to 1997 to be granted indefinite leave to enter and remain in the United Kingdom. For almost 200 years, Nepalese Gurkha soldiers have been part of the British Army, although the Gurkha brigade itself was formed only following the partition of India in 1947. More than 200,000 Gurkhas fought in the Allied cause in two world wars and 43,000 gave their lives. They have been deployed over the years in Malaysia, Borneo, the Falklands, the first Gulf War, Sierra Leone, Kosovo, Bosnia and currently in Afghanistan. With their motto, ““Better to die than be a coward””, they have won 26 Victoria Crosses. Currently, there are 3,400 Gurkhas in the United Kingdom forces, 700 of whom are at present in Brunei. Given that record of service to our country, their bravery, dedication and unswerving loyalty, they ask only two things: a decent, fair pension and a right of settlement in the United Kingdom, which is the purpose of the Bill. Surely those are not unreasonable requests. The Bill marks yet another attempt to get the Government to do the right thing. Over the years in both Houses, politicians of all political persuasions have pressed the Gurkhas’ cause, with Questions and Early Day Motions. A number of parliamentarians have served with them. In your Lordships’ House today, we hope to hear from the noble Viscount, Lord Slim, who served with the Gurkhas and who has a fine family history of service with the Gurkhas, the noble Lord, Lord Glentoran, who also served with the Gurkhas, and my noble friend Lord Burnett. I believe that the father of the noble Lord, Lord Bilimoria, served with the Gurkhas; no doubt many Gurkhas are customers of his at present, as am I. I hope that those noble Lords will all speak proudly in today’s debate. We remember with affection our former colleague Richard Holme, Lord Holme of Cheltenham, who served as a lieutenant in the 10th Gurkha Rifles in Malaya in the 1950s. He would surely have participated today had he lived. My fellow Liberal Democrat, Bob Russell, introduced a Ten Minute Rule Bill in the other place as recently as May, which was designed to draw attention to the cause that I am pursuing today. He concluded as follows: "““A few weeks ago, outside Parliament, I and some other Members witnessed 50 retired Gurkhas handing in their long service and good conduct medals in protest at the way in which they are being treated. There was extensive coverage of the event in newspapers and on television. The sight of such loyal, brave and dignified people being pushed to such a desperate act filled me with shame””.—[Official Report, Commons, 7/5/08; col. 720.]" Philip Johnston, writing in the Daily Telegraph, said: "““There are times when the routine irritation we all feel with the idiocies that take place daily in government is supplanted by splenetic anger caused by something truly outlandish. The sight of Gurkha ex-servicemen gathered in front of the Palace of Westminster to return the medals they had received for fighting with the British Army was just such a moment””." I turn now to the right of settlement. Prior to 1997, the Gurkhas had no right of settlement; each application was treated on its merits on a case-by-case basis. Following the handover of Hong Kong to China on 1 July 1997, the Gurkhas then based in Hong Kong were redeployed to the United Kingdom, apart from those who were deployed and based in Brunei. In 2004, it was announced that those Gurkhas leaving the Armed Forces after 1997 would have a right of settlement in the United Kingdom. However, there was a window between October 2004 and October 2006 when any Gurkha could apply for settlement. During that window, 3,000 were granted settlement. The Government’s logic in the 1997 demarcation, as I understand it—no doubt we will hear from the Minister a little bit later—is apparently that, post-1997, Gurkhas had a real tie to Britain, whereas before 1997 they did not, despite all their service to this country over so many years. The current position for them is no right of settlement but applications on a case-by-case basis, with applicants having to fulfil one of four criteria: three years’ physical service in the United Kingdom; strong medical grounds of a chronic or long-term health condition that cannot be treated in Nepal; satisfactory evidence that one or more of the applicant’s children is currently receiving full-time education in the United Kingdom; or most of the applicant’s living, close family resident in the United Kingdom. It is estimated by the British Gurkha welfare association—I spoke to its chairman at 9 am to check my figures and assumptions—that 25,000 Gurkhas might have retired before 1997 who would be eligible for settlement in the United Kingdom were the Bill to be approved, of whom perhaps 10,000 would wish to come. Given the overall number who settle in our country each year from all over the globe, that would hardly appear a significant figure. They could easily be absorbed and many would bring skills to this country that we clearly have considerable need of. Today the Government have yet another opportunity to right a wrong—to do the right thing. I pray for a positive response. Moved, That the Bill be now read a second time.—(Lord Lee of Trafford.)