Immigration (Discharged Gurkhas) Bill [HL]

My Lords, from the strength of the speeches that we have heard today, there can be no doubt that there is warm support for the Bill in this House. The noble Lord, Lord Lee of Trafford, is making a brave attempt to bring a conclusion to the ongoing battle to ensure that virtually all members of the Gurkha regiment who have fought with and served in the British Army since 1815 are able legally, if they wish, to remain in this country on their retirement from the Army. We have heard from speakers who have had intimate relationships with the Gurkhas and know them well. They know their loyalty to the Army and their fighting powers. We, too, acknowledge the enormous contribution that they and other non-UK nationals who have served in the British Armed Forces make, and have made, to this country. We acknowledge, too, that the relationship between the Gurkhas and the British Army is very special, and there is enormous loyalty from one side to the other. As other noble Lords have pointed out, the genesis of the Gurkhas’ involvement with the British Army goes back to Victorian times, as it was from then that the Army had the right to enlist Nepalese soldiers into its ranks. Following the partition of India in 1947, four Gurkha regiments were transferred to the British Army. Some say ““Gurkha”” and some pronounce it ““Goorkha”” but I expect it is those who know them who say ““Goorkha””, so perhaps it would be impolite of me to do so. During the Second World War—I know that there had been more during other battles—more than 120,000 Gurkhas served with bravery, and their VCs are a testament to that. As has been mentioned, there was also severe loss of life among them. As other noble Lords have said, they now number about 3,500 in the British Army and their headquarters has been moved from Hong Kong to Kent. Since 1815, Gurkhas have largely been recruited from Nepal and have retained their Nepalese citizenship. As has been said by other noble Lords, that changed only in 2004 with the amendments made to the Immigration Rules to enable, from 1 July 1997, any discharged Gurkha to apply for indefinite leave to enter the UK if he had completed four years’ service as a Gurkha with the British Army and was discharged from the British Army in Nepal on completion of service. However, in effect a seven-year backdating was built into the 2004 rules. Through the Bill, the noble Lord is seeking to enable any Gurkha to apply for leave to remain. We now hear that a very small number did not apply by the 1997 deadline. The only restriction is that they must have had four years’ service in the Army and hold a valid United Kingdom entry clearance in this capacity. We welcome the recent improvements that have been made to the terms and conditions of Gurkhas and their eligibility for settlement. We note also the judgment made the day before yesterday about pensions. The changes that have been made are relatively recent. We believe that more time is required to assess their impact. There are, of course, others who are not UK citizens who have served in our forces. Perhaps we need to see whether we might be more generous to them. My party is committed, once back in office, to conduct a review to determine whether the 1997 cut-off is appropriate. That is as far as I can go today. It is not wholehearted support for the Bill, but it underlines the sentiments that we all feel for the Gurkhas in this country.