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Britain and Northern Ireland so far as recruitment is concerned. Bu 1 ban on the new recruitment of non-British citizens, which is wha these proposals would amount to in respect of the posts to
they were applied, would not address the problems posed posts already held by Irish or non-UK Commonwealth nationals.
which
7.
by
UK
То achieve our proposed objective it is recognised that law will need to be changed. Though we have been working on the basis that such changes will be required in the medium-term legislative programme ie after 1992/3, it is recommended that full consideration of the issues is undertaken now so that we can respond swiftly if a legal challenge makes an earlier legislative change necessary. We need to have our policy lines cleared and legal preparations new Parliament.
8.
in hand in time for the first session of the
This proposal may raise particular problems for N Ireland although the proposal at 5b. and c. above will diminish the disparity. The NICS will need to put the issue to the Northern Ireland Secretary of State to take his mind on the political implications for Northern Ireland. (The FCO will also need to reflect on these issues.) The outcome of that consideration may or may not result in different approaches for the NICS and the HCS and may also necessitate collective Ministerial consideration.
Action
9. Early consideration of and decisions on the direction and timing of future policy is now needed in view of current Industrial Tribunal challenges (see flow chart overleaf). An adverse cutcome could remove all scope to avail ourselves of the public service provisions of Article 48(4) unless we were ready with an alternative policy. Do you agree that the compromise recommended in paragraph 5 is preferable to the policy options outlined in Annex B? In particular:
(peranto satay) a
.
very
Are
you content in principle to open all your posts (1) to all EC nationals or (2) to all aliens?
b.
new
How important is it for you to retain authority to designate specific posts as "public service" posts in a tighter core reserved for UK nationals only? (ie excluding Irish and non-UK commonwealth)
C.
Do you have any indication of how many "public service" posts are currently (or have ever been) held by Irish Or non-UK Commonwealth citizens?
Establishment Officers are invited to respond to these points and submit any comments to: Arthur Packham, OCSC, Room 1015, Alencon Link, Basingstoke, Hants RG21 1JB by 21 April.
Cabinet Office
(OMCS)
OCSC
Basingstoke
3 April 1992
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