Huhne, Keetch, Öpik, Williams, Harris and Russell quiz Smith about the Gurkhas

8.44.20pm BST (GMT +0100) Sun 24th May 2009

• [May 21] Chris Huhne (Eastleigh, Liberal Democrat): I AM grateful to the Home Secretary for advance sight of her statement, which I welcome enormously. The Prime Minister and the Minister have finally listened to the will of the House and the will of the British public, which is devoutly to be wished for.

The campaign has run for many years. Six years ago, the Gurkhas attended our conference in Harrogate. We have had two wars since the campaign began. It is only through the perseverance of that campaign and the continued pressing of the Government by hon. Members and those outside this place that the Gurkhas finally have justice.

Does the Home Secretary not realise that dither and delay on that scale only emphasises the gracelessness of the whole process and of the Government's decision? Given the simplicity of the principle involved-that the people who fight and die for this country should have the right to live in this country-surely she should reflect on whether the Government's moral arteries have been somewhat furred in the Government's failure to grapple with the issue. Why did it take so long to recognise the public backing for that fundamental principle and the important claim that the Gurkhas have on the hearts of the British people?

Jacqui Smith (Home Secretary; Redditch, Labour): I am slightly disappointed that the hon. Gentleman continues to conflate the situation of those Gurkhas who have been discharged post-1997, when it was this Government who provided for the settlement of those Gurkhas in 2004. We have been pleased to welcome 6,000 Gurkhas, plus their families, as part of that policy change since then. The principle is different, as the court recognised, for the exceptional scheme that we are now putting in place for those discharged pre-1997. The luxury of opposition is to be able to talk about the simplicity of principle. The responsibility of government is to take decisions that do the right thing in terms of our responsibilities to the country, the taxpayer and our immigration policy. That is what I believe we have done today.

• . . Paul Keetch (Hereford, Liberal Democrat): This is, indeed, a very good day for the House and for the Brigade of Gurkhas. I recall working with the right hon. Member for Chingford and Woodford Green on this issue five or six years ago, when I spoke for my party on defence and he had the same responsibilities for the Conservative party. The Home Secretary will realise that Gurkhas have continued to fight and to die for this country during that period. Will she consider whether the dependants and families of those who served and were killed or died from old age, including a Victoria cross recipient just, I think, two weeks ago, should also be entitled to this welcome change? This is a very good day, not least because it is my birthday; it is good day for the Gurkhas, and the Home Secretary could make it even better by reconsidering those cases.

Jacqui Smith (Home Secretary; Redditch, Labour): Happy birthday to the hon. Gentleman; I am always keen to please. He makes an important point about the dependants and widows of Gurkhas. I hope that he will look carefully at the guidance that we are proposing, which makes it clear that the ability to settle should be open, within the policy, to those who were widowed when their Gurkha husbands were killed in active service. It also includes the discretion to take into consideration exceptional circumstances in respect of other widows and dependants.

• . . Lembit Öpik (Montgomeryshire, Liberal Democrat): Of all the conflicts the Gurkhas had to fight, it is perhaps ironic that their longest battle was their fight to live in the country that they were willing to die for. Nevertheless, will the Home Secretary accept the gratitude of the many constituents of Montgomeryshire who have fully supported Joanna Lumley, the campaigners and the Gurkhas' right to achieve that goal? The Home Secretary has listened, and she has acted. In so doing, she has shown her Department and Parliament at their best.

Jacqui Smith (Home Secretary; Redditch, Labour): I thank the hon. Gentleman for that. I, too, give credit to Joanna Lumley. I know that the Minister for Borders and Immigration was able to meet her again yesterday to talk through our proposals. She has played a very important role, and I am pleased that Ministers across the Government have been willing to listen to her and to other campaigners.

• . . Roger Williams (Brecon & Radnorshire, Liberal Democrat): It is indeed a good day for the House and for Gurkhas. The 120 Gurkhas who serve in the Mandalay company based at Derring Lines in Brecon will also be very pleased about this announcement, although their position was already safeguarded. Will the Secretary of State take on board the comments of my hon. Friend Mr. Keetch about extending the policy to the dependants of Gurkhas who have died but who would have qualified if they were still alive?

Jacqui Smith (Home Secretary; Redditch, Labour): I hope that I answered that when I responded to the hon. Member for Hereford's question, when I made it clear that the policy applies to widows whose husbands were killed in active service.

• . . Evan Harris (Oxford West & Abingdon, Liberal Democrat): I welcome the Government's change of position over the past few weeks-and, indeed, that of the Conservative party over a rather longer time. What lessons do the Home Secretary and her Department feel they have learned from what has happened in recent weeks? Would she be willing to apply any lessons that she can think of to another situation in which the spirit of a court judgment needs to be complied with? A similar situation has arisen twice in respect of the highly skilled migrant programme, which is closely analogous with the Gurkhas' situation in terms of compliance with the spirit of that for which the court has asked.

Jacqui Smith (Home Secretary; Redditch, Labour): I have learned the lesson that, even when we comply with court rulings, that does not always satisfy campaigns. I have learned that we therefore need to be able to work across Government to ensure that we do the right thing. I think I have probably also learned the lesson that it is easier for those in opposition than it is for those in government to deliver change.

• . . Bob Russell (Colchester, Liberal Democrat): I congratulate this Government, who have done more than any other Government in history for the Gurkhas. I wish that the pre-1997 Gurkhas had been given their rights earlier, but today is a day for rejoicing. I congratulate the Government once again on listening, and thank them very much.

Jacqui Smith (Home Secretary; Redditch, Labour): I thank the hon. Gentleman, who I know has campaigned hard on this issue. As I said, I believe that this is a credit to the House. As a Government we have listened to the will of the House and delivered the right result today.

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