New Clause 5
Borders, Citizenship and Immigration Bill [Lords]
1:45 pm

Tom Brake (Carshalton and Wallington, Liberal Democrat)
I beg to move, That the clause be read a Second time.
It is fair to say that, over the past couple of months, the issue of the Gurkhas has received a significant and appropriate airing, both in this place and elsewhere. It is therefore not my intentionand I am sure that you would not allow it, Sir Nicholasto go back over what has happened in recent years. Members are very familiar with the issue and will know that, in 2004, the Government changed the rules to allow Gurkhas who had served for four years or more to remain in the UK. However, those changes applied only to Gurkhas discharged from the British Army on or after 1 July 1997.
I think that all Members would agree that the treatment of the Gurkhas has not been the finest hour of this orpossiblypast Governments. However, it has afforded us a most memorable piece of cult viewing that, I am sure, is still circulating widely on YouTube. I suspect that, to this day, the Minister wakes up in a cold sweat every night worried about whether Joanna Lumley is going to doorstep him that morning. I even considered threatening him with Joanna Lumley over the Chagos island issue earlier in the debate. I hope he has recovered from his experience, although those who watched the ambush observed how effective it was. All future Ministers need to study what happened, perhaps to avoid similar things happening to them.
I shall not continue along that line of argument, because I am sure that you would cut me short, Sir Nicholas. However, Members might be interested to know that today the 2nd Battalion of Gurkhas were given the freedom of the town of Folkestone; so nationally there is recognition of the very important role that they have playedsome 200,000 soldiers, two world wars and so on. We know that the Government have finally responded to the issue, and I understand that the latest Government position is that guidance will be issued to ensure that the Gurkhas are treated fairly.
One of my members of staff has had discussions with the Home Office on that point, however, and I have just come from an event at which a senior civil servant pointed out that guidance can very easily be disregarded. It can very easily be substituted with later guidance. So new clause 5 would enshrine in law what I believe Members of all parties want the Government to do. It would not afford any wriggle room. It would take the action that many Members believe needs to be taken and allow us to take it without further delay. I hope that the Minister will consider it to be a very straightforward and helpful way of ensuring that this issue, which has proved painful for him in particular, is finally put to bed and resolved.
