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The Civil Service Regulations and the Guidelines referred to above require that persons who have been convicted of certain offences are normally debarred from appointments, if the offences are of such a nature and gravity as to make the perpetrators unsuitable for employment in the civil service. However, the Civil Service Regulations also advise that a decision whether or not to employ a person with a criminal record or against whom a probation order or an order for conditional discharge was made, should depend on his general character and experience and on his record before and after the offence for which he was convicted or an order recorded. Moreover, the Government Form (No. 340) used in applying for a civil service post specifically states that a criminal record is not necessarily a bar to appointment.
Thus heads of department have the discretion to appoint or, in the case of appointments for posts with a maximum monthly salary at or above Point 26 of the Master Pay Scale, to recommend to the Public Service Commission the appointment of those with such previous convictions or probation orders, so long as the public interest is not adversely affected.
The Government's policy on employment of those with a criminal record in the civil service is sympathetic and clear. We are committed to taking a lead in employing them where this is consistent with the public interest. The existing arrangements are designed to balance the aim of rehabilitating those with a criminal record with the need to preserve the quality and integrity of the civil service. There is sufficient flexibility in the appointment procedure for heads of department to consider the applications of those with a criminal record (whatever the offence committed) on a case-by-case basis. We believe that the policy is appropriate but we are committed to working with departments on matters of this sort to ensure that they are clear about the powers delegated to them and that they exercise that power in as just and as fair a manner as possible.
End/Wednesday, October 25, 1995