Memorandum submitted by the British Gurkha
Welfare Society (BGWS)
Following our meeting today and as directed
we forward our points which should be included when considering
the review for Gurkha settlement.
The unique British/Gurkha relationship which
dates back to 1817 is envied by many nations and perhaps misunderstood
by some. The strength has never faltered and the binding factor
could be the adventurism and loyalty in both.
Never were we treated equally in pay, pension,
quartering, married accompanied tour (one two to three year tour
over a 15 year period of service) and entitlements. To add insult
to injury, those serving in the British Army from the Foreign
and Commonwealth countries were granted settlement rights with
a minimum of four years service. Our minimum of fifteen years
counted for nothing.
With the unstable political situation in Nepal
and the escalating Maoists activities many ex Gurkhas arrived
in the UK prior to 1 July 1997 seeking asylum. Unfortunately those
caught by the immigration services were deported: there was no
official help coming from anywhere. To help the ex Gurkha community
in UK the British Gurkha Welfare Society (BGWS) was established.
BGWS then staunchly and openly led the Gurkha campaign from 2003.
We remain indebted to the British Public for the sincere support
given to the Gurkha campaign ever since. We also acknowledge the
Home Office goodwill in ceasing all deportation immediately following
our meeting in Liverpool on 3 September 2004. The campaign supported
by the British Public, unanimously by members of all the political
parties and the media, compelled the Government to grant citizenship
rights to Gurkhas in recognition for their service to the Crown.
However, the policy announcement debarred those discharged prior
to 1 July 1997 the automatic right extended to those discharged
after this date. Their cases were looked at on an individual basis.
The arbitrary date 1 July 1997 date unrealistically
claims that prior to this the Brigade of Gurkhas was an overseas
based establishment, conveniently ignoring our involvement in
the Malaya confrontation, Borneo emergency, Falklands, Cyprus
emergency and the first Gulf War. The first time a Gurkha battalion
was stationed with families was at Tidworth in 1962, when they
were pulled out to reinforce the British Forces in the Borneo
emergency. Then since 1970 there has always been a Gurkha Battalion
in the UK, added to later by Demonstration Companies in Brecon
and the Royal Military Academy Sandhurst. Disregarding these facts
the crucial issue here is service to the Crown.
We have desperately attempted to abolish the
arbitrary date of 1 July 1997, hand in hand with the other ex
Gurkha organisations, GAESO, UBGEAN and NESA. There are over 2,000
cases pending an appeal hearing, which led to a few lead cases
being granted Judicial Review and kudos to Howe and Co whose strength
of approach to the case convinced the case Judge to counsel the
Home Office to review its policy. Meanwhile Joanne Lumley remains
the main force behind this crucial step and continues to champion
this cause and call for justice.
The important, sensitive and burning issue of
inequality in pension remains alive. We have tried all amicable
avenues to the extent of handing in petitions to the Prime Minister,
with a copy of supporting documents, a copy of which was also
handed to each and every Member of Parliament including the House
of Lords. The package includes a proposed pension deal in line
with the rest of the British Armed Forces, while compensating
in areas to make it sensible to the Treasury. Having received
no alternative, we have requested a Judicial Review through our
solicitors Russel Jones and Walker. A date for this hearing remains
pending.
Settlement alone is not the solution; it should
be granted in recognition to their service to the Crown. But in
reality equal pension is the only solution to the whole Gurkha
issue. The 2003 Judicial Review on the Gurkha pension scheme which
viewed it fair based purely on the economy of Nepal and not equal
service has disillusioned many in believing that residing in UK
is the only option to receive equal pension. More so as all serving
Gurkhas effective from 2006 are entitled to the full British pay
and pension. This also gives rise to disparity and recognition
of service and rank earned prior to 1997 in that a Major the highest
rank ceiling for a Gurkha from this bracket will receive lesser
pension than a Corporal of the 2006 onward batch.
Even before a final decision on the Gurkha settlement
has been made by the Home Office, following the Judicial Review
there is a general misconception in Nepal all pre 1997 will be
granted settlement including dependants irrespective of their
age and personal status. As per immigration policy there are set
criteria for all dependants over the age of 18. While we would
certainly welcome the inclusion of all but if this is incorrect
the Home Office should be directed to widely explain the status
quo of dependants to be eligible to join parents. Not to do so
would be a costly financial penalty on those applying led by these
misconception.
We have fought and continue to do so for the
Crown in every battle and now today in Iraq and Afghanistan where
the five Military Crosses many commendations won and sadly the
death of the second Gurkha Rfn Yubraj Rai killed in action on
4 November 2008 in Afghanistan stands testimony to our commitment.
We remain with Britain through thick and thin and pray Britain
will remain with us now in our dire hour of need.
November 2008
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