TIONALI
CIVIL SERVICE NATIONALITY AND RECRUITMENT
Annex
A
Background
1.
The 1989 EOM discussion recognised that the first requirement was to amend existing nationality legislation to bring UK domestic law, in relation to Civil Service employment, into line with EC law. This was achieved through the Order in Council of 21 5 91. The Order ensures compliance with Article 48 of the EEC Treaty in allowing
nationals of other EC Member States and certain members of their families to be employed in the Civil Service in posts other than those in the 'public service', within the meaning of Article 48. Article 48 (4) provides the derogation whereby "public service" posts so designated may continue to be closed to citizens of other EC Member States.
2.
of the
The change was announced through GC/378 of 21 5 91 which included guidance to departments and agencies to assist them with determining which of their posts may be designated as 'public
The guidance reflected the results inter-departmental working group which had looked at the meaning of 'public service' at the end of 1990 and whose recommendations were cleared through EOM early in 1991.
service'.
Subsequent Action
3. Enquiry Circular Q/91/7 of 2 10 91 asked departments and agencies to submit any comments, in the light of experience since 21 5 91, and particularly on the designation of posts as 'public'
No significant problems public service'. from the 11 who replied.
OI
4.
'non
have
emerged
record
GC/378 also asked departments and agencies to keep a of the numbers and types of post publicised as open to EC nationals of other Member States and of any EC nationals appointed. Statistics will be sought annually (reviewable after 3 years) at the end of March to comply with an undertaking given by the Minister of State, Privy Council Office, during the passage ΟΙ the Order, that such information would be available to answer Parliamentary and other enquiries.
Challenges from the European Commission
5.
to
the
go
The legislative change has allowed positive' responses to 2 challenges
in received
1991 from
EC alleging discrimination on grounds of nationality in relation to employment in specified bodies. The bodies concerned in one case were the Science Museum, NERC, SERC and the AEA. A separate case concerned the Forestry Commission.
Other Challenges
6.
the
There are 3 current Industrial Tribunal (IT) cases involving Inland Revenue,
Department of Employment and
the
Building
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CONFIDENTIAL