MEIJER INDUSTRIAL TRIBUNAL CASE
Possible Questions Posed by Tribunal & Alternative Outcomes
Is post applied for
Revenue Officer) properly designated 'public service"?
ON
Meijer.. eligible to be considered with any other EC national
YES
Meijer: prima facie
ineligible but
2. Can access to PS posts
be defended for:
a.
Irish? b. Commonwealth?
NO
YES
YES
Reasons:
Pre EEC accession arrangement
Historical allegience
Special relationship
Atlee declaration
) Irish case
Joint Studies Report 1981 ) only
a.
b.
Justified?
YES
NO
b. or c.
Options for CS
a.
Remove non UK Commonwealth and Irish citizens from PS posts?
Not practicable & overlooks PS posts previously held by non UK Commonwealth &
Irish
b.
Re-designate PS posts
as NPS
C.
Contest
in higher
courts to
buy time for CS liberalisation policy to evolve
but if/when Meijer case is lost move immediately
to Intermediate Stage
Intermediate Stage
Introduce restricted
PS core (48.4) wef specified date excluding Irish and non UK Commonwealth
Policy Objective
Full liberalisation according to department/agency
needs
Introduce full liberalisation
retaining Intermediate Stage/ protection when needed
Status quo preserved for
Order in Council
a. Irish
b. Commonwealth
Legislative Method
Primary legislation.
No pressure for liberalisation
following IT case but pursue repeal of criminal offence under 1919 Aliens Restriction Act
Short - 1992/3 Parliamentary Session
IC
Timescale
Medium term
- 1993/4
Parliamentary Session