TNAG-2100-FCO40-2989-HM-Overseas-Civil-Service-(HMOCS)-policy-matters-1990 — Page 119

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6. Her Majesty's Government in the United Kingdom recognise that they have a special obligation towards those officers of the Colonial Service who hold their present posts as a result of having been selected for them by the Secretary of State. So long as Her Majesty's Government retains responsi- bility for the Government of the territory in which they are serving the necessary safeguards are provided by the Colonial Regulations or the consti- tutional instruments. Should the territory in whose public service they are employed attain self-government, these officers are entitled to expect that the following conditions will be observed:

1) So long as they remain in their existing employment, the Government of the territory concerned shall not alter their terms of service so as to make them less favourable than those on which the officers are already serving.

(2) The pensions and other benefits for which they or their dependents may be qualified under existing laws and regulations shall be similarly safeguarded.

(3) They shall continue to be regarded by Her Majesty's Government in the United Kingdom as members of Her Majesty's Service and as such to be eligible for consideration for transfer or promotion to any posts which the Secretary of State may be requested to fill in other territories.

(4) The government by which they are employed will not unreasonably withhold consent to their accepting any such transfer or promotion and will preserve their existing pension rights on transfer.

(5) They will be given adequate notice of any intention to terminate their employment in consequence of constitutional changes and Her Majesty's Government in the United Kingdom will endeavour to find them alternative employment should they so desin. (6) In the event of premature retirement resulting from constitutional changes they will receive compensation from the government of the territory concerned.

7. Her Majesty's Government in the United Kingdom accordingly make known their intention, if and when a territory attains self-government, to ensure the observance of these conditions by securing their embodiment in a formal agreement, to be entered into between Her Majesty's Government in the United Kingdom and the government of the territory. The agreement will also provide for the continuing payment of pensions already awarded to officers and their dependants.

8. In order that from now on all concerned may be clearly aware of their rights and obligations, a list will be compiled of all officers now in the Colonial Service to whom Her Majesty's Government in the United Kingdom regard the arrangements outlined in the last two paragraphs as applying. The officers included in this list will be given a new corporate title and will be known as Her Majesty's Oversea Civil Service. Regulations constituting this Service and defining the conditions of eligibility for admis-

ion to it, are appended to this statement.

9. When the new Service is in being, the question whether any particular vacancy, in the filling of which the co-operation of Her Majesty's Govern- is invited, should be filled by a Member of Her Majesty's Oversea Service or on the basis of appointment to a purely local service, will a matter for arrangement between Her Majesty's Government in the ted Kingdom and the territorial government concerned. Any offer

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a clear_statement whether it carries with it Membership of Her Majesty's Overs Civil Service or whether the officer's contractual relationship will be sold with the territorial government. Officers in either category will, of course, be expected to regard themselves as being in all respects responsible to the territorial governments under which they are serving.

10. Her Majesty's Government hope that this evidence of their real con- cern for the present officers of the Colonial Service and of their determination to safeguard the interests of those officers will allay the doubts and anxieties which are now apparent in some quarters.

11. Her Majesty's Government also hope that the establishment of this new form of Service will ensure that qualified men and women may be attracted to come forward in future as in the past, in a spirit of confidence, enthusiasm and partnership, to help the oversea governments and peoples along the path of social, economic and political progress.

12. Her Majesty's Government recognise that there are certain other cate- gories of overseas pensionable officers who have been appointed to the service of territorial governments otherwise than by selection by the Secre- tary of State. These officers may be assured that their interests will not be overlooked when the agreements referred to in paragraph 7 are being negotiated.

13. Her Majesty's Government are aware that various proposals have been put forward for constituting a Commonwealth Service or an Oversea Service directly employed by Her Majesty's Government in the United Kingdom. The decisions embodied in the present statement are not intended to exclude development along some such lines should this be found to be desirable and practicable. But this is a question which needs and will receive very careful It involves complicated examination in the light of changing conditions. administrative and constitutional, as well as financial, problems, and Her Majesty's Government feel that they are not yet ready to reach any con- clusions upon them.

Cluce

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