E.R.

CONFIDENTIAL

iii. to disapply by Parliamentary statement the long

residence concession from Gurkhas and their families.

43. Since the OD decision on 9 May 1989, MOD have been

wriggling in an attempt to get off the legislative hook,

arguing that the uncontentious quinquennial Armed Forces Bill

was not the right vehicle for amending immigration legislation. They have been told repeatedly at official level

that the decision must stand. It is clearly right that

changes caused by MOD action should be dealt with by means of available MOD legislation.

Conclusion...

As the Home Secretary's

letter

argues

SA. The suggestion from the Defence Secretary must obviously-

be resisted. The Hong Kong Bill will be quite controversial

enough without the added complication of seeking to deal with

the Gurkhas at the same time. The juxtaposition of the two

sets of measures would simply play into the hands of the

critics of both, and significantly increase the likely handling difficulties.

R

5. As far as we know, the proposal has attracted no support

whatsoever within Whitehall. The FCO at official level are at

one with us and are inviting the Foreign Secretary to send a letter resisting the proposal.

6.

I attach a draft response for the Home Secretary's signature which has been cleared with the FCO.

5. Pater

PPR

RM MORRIS

CONFIDENTIAL

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