TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 165

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CIVIL SERVICE NATIONALITY REQUIREMENTS

1.

I attach a draft EOM paper that has been circulated by OMCS, which was discussed at an OMCS meeting on 28 April, attended by you and some copy addresses. Work in Whitehall is developed on the subject.

2.

The main concern in ECD (I) is the need to agree Civil Service nationality Rules which will no longer open to challenge for failure to comply with Article 48 (4) of the Treaty of Rome. We have no problem with the OMCS proposal that the Civil Service is made open to EC as well as Commonwealth and Irish nationals, with a core of "public service" jobs to be designated as reserved

for UK nationals.

.3.

However, I understand that RID are concerned at OMCS' proposal that Departments should designate their own "public service" core, with the minimum of guidance or interference from OMCS. This would seem to enable individual departments to be restrictive in their designation of core public service posts, thereby maximising the number of jobs for which citizens of the Republic of Ireland and of the Commonwealth will not be able to apply. This policy could be difficult to defend if challenged by the Commission.

4.

So far, I understand that OMCS have been in touch with individual FCO departments on different aspects of this subject: their policy seems to be to divide and rule. To avoid this, and to ensure as far as possible a common FCO front in further contacts with OMCS on all of this, I think it would be helpful to hold a short meeting to make sure we are all aware of each others' key concerns. We need to move quickly, as OMCS want to issue a revised EOM paper early in May.

5. I would be happy to hold a meeting on Thursday 7 May at 9.30 a.m. in the ECD conference room, W101. I should be grateful if you and copy addresses could let Mark Patterson (2323) know if you would like to attend, or be represented.

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