CONFIDENTIAL
the security of the state. For most but not all departments, non-UK nationality presents no absolute bar to the employment of
20pl
classified work,
that provided
on even
overseas,
and
satisfactory ckgi und checks can be carried out. Where a person has been continuously resident in the UK for a period immediately prior to employment on such duties (the actual period varies according to the level of clearance required), enquiries outside the UK are not normally
Even if they have been resident necessary. there is unlikely to be a problem where established
proven procedures exist
out in for the necessary checks to be carried liaison with the relevant overseas governments. In other cases, will not be possible to carry out background checks to provide the necessary degree of assurance and security clearances will not be able to be granted. It should be recognised, however, where checks on non-resident UK nationals, EC nationals and other
the aliens
there are likely to be delays in required taken between selection and appointment.
it
are
18. Opening
(both
and
commercial)
that
time
of
to
the market would widen the recruiters' range up choice. Management policy in the HCS tends towards the opening of markets
and European
delegation departments and agencies a policy in tune with views expressed by senior officials and Ministers at the time leading up to change in the nationality rules in May 1991.
19.
Liberalising
however,
-
the
CS nationality rules in either way would, widen the differences between the Home Civil Service and the Northern Ireland Civil Service unless the latter are prepared to move similarly.
Policy Options
20. The options are to amend the relevant legislation
A.
SO
that it is
longer an nationals in any Civil Service post
no
offence
to
employ
EC
Ο
alien
B.
So that it is no longer an offence to employ any in any Civil Service post.
the
21. Either option would give departments and agencies freedom to recruit without nationality restriction up to the limits of option.
with
22. If however, departments or agencies wished to continue existing restrictions (eg by designating posts as public service
Article 48 of in those
posts as
of
the
+
EEC
at
and
Treaty,
to ie present British protected persons Or
Izish challenge still leave themselves open
to
the meaning within restricting employment
citizens, Commonwealth citizens)
would they under EC law on the advantageous position of Commonwealth (non UK)
Irish citizens when compared and
with other EC nationals (paras 2-4 above). They would also be left with the anomaly alien dependants of EC nationals working in the UK compared alien dependants of UK nationals (para 13).
of
with
5 CONFIDENTIAL