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There are around 22,000 pre-1997 Gurkha veterans, and a further 6,277 are serving or have served since 1997. There are currently 3,870 Gurkhas serving in the United Kingdom Armed Forces. I understand that only around 100 pre-1997 Gurkhas are estimated to be resident in the United Kingdom. As of March this year, there were only 61 applications for naturalisation outstanding from people who cited Nepal as their place of birth. The Government appear unable to provide further clarity about the precise number of Gurkhas among those applications without analysing each individual file.
In 1997, the pay and pension arrangements for Gurkhas were improved and brought into line with those for the remainder of the British Army. There is understandable pressure to bring Gurkha pensions into parity with the remainder of the Army. We need to be cautious about how to address these claims. First, there is a strong convention that retrospective pension changes are not made within the public sector. Secondly, the pension arrangements for Gurkhas mirror those for the Indian Army, in accordance with the terms of the tripartite agreement, when it was presumed that Gurkhas would retire in Nepal under terms that were clear and explicit when these Gurkhas signed up for military service. The issue of retrospective parity for Gurkha pensions relating to service before 1997 has been considered and a judgment against the principle of retrospection has been delivered. A High Court ruling was made this week when a test case filed against the Government by three Gurkhas was lost.
The terms of the Bill are limited to the Immigration Rules, although the issue of pay, conditions and pension rights are fundamental to the considerations. The noble Lord who introduced the Bill should provide greater clarity about how these issues are to be addressed; otherwise what will be the practical consequence for Gurkhas who are serving or have served under pay rates and pension rights that have been determined according to a Nepalese economic evaluation? Gurkhas were eligible for an index-linked pension after 15 years of service, so that it was possible for a Gurkha to receive a pension from the age of 33 and retain the ability to work. The standard qualification for a British soldier is 22 years—seven years more.
The Government’s changes to the pay and conditions for Gurkhas in March 2007 afforded Gurkhas the opportunity to transfer to other parts of the British Armed Forces and to transfer their pension arrangements from the existing Gurkha pension scheme to the principal Armed Forces pension scheme. That was a positive step.
In the past few years we have witnessed a major change in the status and situation of Gurkhas. Transformed from a light infantry force based in Hong Kong, they are now based in this country and have been increasingly integrated into the military commitments
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I am persuaded that there should be a review to determine whether the 1997 cut-off for citizenship established by the current Government is appropriate. However, there is some danger in identifying political groups and affording them treatment that is, by definition, denied to others. I hope the Government will be prepared to examine how we as a society might be more generous to all servicemen who are not United Kingdom citizens. Although I would like to see a proper review, my instinctive view is that Gurkhas should be able to apply for settlement in this country irrespective of the current cut-off date. I believe that they should be able to make these applications while serving and should not have to wait until discharge from the Brigade of Gurkhas. Equally, all those who are rewarded and decorated for gallantry in the course of military service should be treated on the basis of a presumption that settlement will be granted irrespective of length of service.
This is a crucial issue that deserves to be considered in an atmosphere that is devoid of party political opportunism. In that regard, I believe that this House should reflect suitably on the issue, including the wider concerns about pension rights for Gurkhas and how the Immigration Rules apply to other non-UK nationals serving in the Armed Forces. These brave soldiers deserve nothing less.
11.41 am
Lord Bilimoria: My Lords, on the Friday before Remembrance Sunday every year, there is a ceremony at the Memorial Gates on Constitution Hill. The ceremony is to remember, honour and show our gratitude to the 5 million individuals from India, Pakistan, Bangladesh, Sri Lanka, Nepal, Africa and the Caribbean who served in both world wars. These gates exist thanks to the perseverance and tenacity of my noble friend Lady Flather, assisted by so many of my noble friends here, including my noble friend Lord Slim and the noble and gallant Lord—and field marshal—Lord Inge.
I am proud to be the chairman of the commemoration committee of the Memorial Gates. Last year's ceremony was perhaps the most moving. We had Private Johnson Beharry VC there, the youngest VC holder. During the wreath-laying ceremony, the last person, at the end of the line of high commissioners and dignitaries, to lay his wreath was Tul Bahadur Pun VC, aged 87, one of the oldest living Victoria Cross holders. He got up but at the time he could barely see as he attempted to lay the wreath; however, two Queen's Gurkha orderlies who were smartly standing to attention rushed over and escorted this living legend and hero to lay his wreath. I do not think there was anyone present who was not moved. And there were many tears—tears of joy, tears of gratitude and tears of appreciation.
On Remembrance Sunday, I was on duty as Her Majesty's representative Deputy Lieutenant for the London Borough of Hounslow. At that afternoon's
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I was privileged to have been born into the Gurkha family, as my father, the late Lieutenant-General Faridoon Bilimoria, was commissioned into the 2nd Battalion of the 5th Royal Gurkha Rifles, Frontier Force. I believe that when news of my birth reached my father, who was serving away from home, a holder of the Victoria Cross, Gaje Ghale VC, who was still serving at that time, was by my father's side. The story goes that when he heard the news of my birth—when the telegram arrived—he jumped for joy at the news, and the ground shook because he was such a large man.
When my father later had the privilege of commanding the battalion, his subedar-major was none other than Agansing Rai VC. I was privileged to be brought up with these living legends. There was a third Victoria Cross holder—it was awarded posthumously—in my father’s battalion in the Second World War, Netra Bahadur Thapa. In fact, my father's battalion was known as the VC battalion because it had won three Victoria Crosses in the Second World War. Two of the VCs were won within 24 hours of each other.
When my father, before he retired, was General Officer Commanding-in-Chief of the Central Indian Army, he was also president of the Gurkha Brigade in India, and colonel of the 5th Gurkhas. I remember that in his office of the Central Army Command Headquarters, in Lucknow, there were two flags behind his desk: one the Central Army flag and, next to it, the 5th Gurkha regimental flag. I know which meant more to him.
In India today, the Gurkha regiments that were left behind with the Indian army at independence have flourished; in fact, there are close to 100,000 Gurkhas serving in the Indian army. As the noble Lord, Lord Lee of Trafford, said, there are, sadly, just over 3,000 here in the UK, and the historic Gurkha regiments here have been merged into the Royal Gurkha Rifles.
In India, the Gurkhas receive the same pensions as their fellow Indian army colleagues. In India, many Gurkhas, after retiring, have settled in India instead of retiring home to Nepal and are allowed to do so. Here, sadly—after a huge struggle—Gurkhas receive a pension but it is not equivalent to that of their fellow British soldiers. As we know, Gurkhas who retired before 1997 are not allowed to stay in the UK should they wish to do so.
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My noble and gallant friend Lord Walker, the former Chief of the Defence Staff and now the governor of the Royal Hospital Chelsea, where I am proud to be a commissioner, spoke in his maiden speech of the covenant that exists between the British people and the Armed Forces, as did my noble friend Lord Slim. Where is this covenant when it comes to the Gurkhas?
Many people do not appreciate that the Armed Forces are referred to as “the services” because those who serve in them are serving their country—they are performing a service. In fact, the motto of the Royal Military Academy Sandhurst is, “Serve to lead”. Where is the leadership in our treatment of the Gurkhas who have served our country with valour and dignity, when 43,000 young men lost their lives in both world wars, as the noble Lord, Lord Lee, said? Where is the leadership when the Chief of the General Staff, General Sir Richard Dannatt—a thoroughly decent and respected soldier, whom I have the privilege to know—highlighted the fact that a traffic warden gets paid more than a soldier? This is a chief of the Army staff who has the guts to speak up for his troops.
Where is the leadership when our defence forces are stretched beyond all limits on a budget which, as a proportion of GDP, is half what it was 26 years ago, at the time of the Falklands conflict? Where is the leadership when the defence forces are humiliated and insulted by having a part-time Secretary of State for Defence, who also has the role of Secretary of State for Scotland?
The covenant between the Government and our Armed Forces has been broken, and is shamefully broken every single day as our brave troops serve us loyally thousands of miles away. Where is this covenant with our Gurkhas, who have served this country for almost 200 years?
When Bhanubhakta Gurung VC passed away earlier this year, I read his obituary and citation to my children and said to them, “This is not a story; this is not a movie script—this is bravery beyond compare”. It is this bravery that has earned the Gurkhas their reputation worldwide as the finest, toughest and bravest soldiers, revered and respected in every corner of this earth. It is this bravery that has inspired us all.
I commend the Bill and congratulate the noble Lord, Lord Lee, on correcting the injustice that exists. If someone who works for a corporation in the UK can stay for four years and then have the right to permanent residency, and thereafter the possibility of citizenship, there is no way that the brave Gurkhas who have served the country with unquestioning loyalty for four years, regardless of whether that service was abroad or here, should be prevented from remaining in this country, should they choose to do so.
I am confident that if the opinion of the British people were sought, their famous sense of fair play and justice would show an overwhelming wish for these brave and noble soldiers to be allowed to live in this country. I challenge the Government to conduct such a survey, act on its results and enact this Bill.
At the 150th anniversary of the 5th Royal Gurkha Rifles, Frontier Force, at the Royal Military Academy Sandhurst last month, as a proud member of the
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“Oh God, who in the Gurkhas has given us a people exceptional in courage and devotion, resplendent in their cheerfulness, we who owe them so much ask your special blessing on them, their families and their land. Grant us thy grace to be faithful to them as they have been faithful to others”.
11.51 am
Lord Burnett: My Lords, I congratulate my noble friend Lord Lee of Trafford and thank him for introducing this excellent Bill, which I—and I am sure most, if not all—noble Lords will wholeheartedly support.
Our military ties with the Gurkhas go back centuries, and during that time Gurkha troops have shown the greatest courage and loyalty to this country. It is interesting to remember how interwoven the Gurkha regiments are in the fabric of our British military history and culture. The moving speech of the noble Lord, Lord Bilimoria, is testament to that.
In 1995, I was canvassing in the small village of South Tawton, near Okehampton, in what was my constituency. I knocked at an attractive house and a very smart couple came to the door. I recognised the man and noticed through the corner of my eye various Gurkha—or should I say “Goorkha”?—photographs and memorabilia. I was privileged to be calling on the late Colonel Nick Neill and his charming wife, Margaret. Incidentally, I found out recently that he is a close relation of the noble Lord, Lord Neill of Bladen.
I was part of the advance party of 42 Commando Royal Marines and we took over the Lundu area of Borneo from Colonel Neill’s battalion, the 2/2 King Edward VII’s Own Gurkha Rifles, or Sirmoor Rifles, sometimes known as God’s own Gurkhas. It was my privilege to have him as my commanding officer, albeit for only about two or three weeks. Margaret Neill’s father and two of her brothers were 6th Gurkhas. Colonel Neill’s career is a reminder—if one is needed—of the wonderful, brave and courageous service that the Gurkhas have given during and since World War II. He won a Military Cross in 1944 and in 1945 he was a company commander at Arakan during some of the fiercest fighting in the Burma campaign. One of his company, Bhanubhakta Gurung, who died recently and to whom the noble Lord, Lord Bilimoria, referred, won, I believe, the last Gurkha Victoria Cross awarded in World War II. The House will recall that Rambahadur Limbu, a 10th Gurkha, won the Victoria Cross in Borneo in the mid-1960s.
Colonel Neill spent 10 years with his battalion jungle-fighting in the Malay emergency and commanded his battalion on a series of tours during the confrontation in Borneo. He then went on to command the Gurkha Depot at Sungei Patani. The Malay emergency and the Borneo confrontation even today serve as textbook examples as to how successfully to prosecute these wars. General Petraeus, the eminent United States commander in Iraq, has been a keen student of both those campaigns. The Gurkhas were indispensable in both of them. They effectively ran the Jungle Warfare School; I was reminiscing with the noble Lord, Lord Ramsbotham, about our respective times as students
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The Bill gives rights of residence in the United Kingdom to Gurkhas who retired before 1997, and I strongly support it. The Government, to their credit, have done much to improve the terms and conditions of service for Gurkhas. I am proud that my right honourable friend in the other place, Mr Nick Clegg, raised this matter at Prime Minister’s Questions on 25 June last. I believe that both Houses recognise that we owe the Gurkhas a debt of honour which we can never repay. The Bill, if passed, will go some way towards honouring that debt.
11.56 am
Baroness Hanham: 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
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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.
12.01 pm
Lord Bassam of Brighton: My Lords, I have the difficult job of responding to the Second Reading debate of the Bill put forward by the noble Lord, Lord Lee, on a subject which, it is fair to reflect, has generated understandable emotion and passion and a central plea to the Government to review their current position.
I have been tremendously impressed by all who have contributed to the debate. They know much more about the Gurkhas than I do. Most of them have an association of some longevity with the military prowess of the Gurkhas and all of them have spoken with compassion, understanding and some considerable knowledge of the history of the Gurkha regiments and their loyal commitment to the armed service of our nation.
I welcome the opportunity to speak on the Bill. I recognise the sensitivity of the issues that it raises and I am grateful for the opportunity to discuss them. I shall make it plain at the outset, as has the noble Baroness, Lady Hanham, that this is not a Bill which the Government can support. That is not to say that I and the Government do not value the tremendous commitment, loyalty, bravery and courage of the Gurkhas who have served our nation over some 200 years.
Immigration is one of the most important issues raised by the British public. The public want to see an immigration system which is effective and above all fair: attracting the right legal migrants to help our economy; taking tough action against those who come or stay illegally; and setting out a clear contract of rights and responsibilities for all. That is how people wish us to conduct our immigration system. As stated in the Home Office strategy, we want to ensure that migration benefits the United Kingdom. In doing so,
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