TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 172

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Introduction

1.

HM TREASURY

ESTABLISHMENT OFFICER'S MEETING

POSTA zalla

RECRUITMENT TO THE CIVIL SERVICE: NATIONALITY

Note by the Cabinet Office (OMCS) OCSC

the Annex A to this paper reports on the work undertaken by Cabinet Office (OCSC on behalf of the OMCS) since the last EOM discussion in 1989

That work led to the EOM (89) 10th (7 12 89). European Communities (Employment in the Civil Service) Order 1991 which came into effect on 21 May 1991. The Order brought

-

be

nationality qualifications for recruitment to the Civil Service into line with Article 48 of the Treaty of Rome. In doing so it gave rise to some anomalies which it was recognised might challenged, and which it is now necessary to resolve.

2. Paragraph

further

1 of Annex B outlines the points on which amendment to UK law is now required; paragraphs 2-13 summarise

paragraphs 14-22 propose a

the issues;

options

for achieving

it;

implications

border).

in respect of The conclusions

policy objective and

assess paragraphs 23-25 Ireland (north and south of the

reached in Annex B and

and

the

Our

recommendations are set out in paragraphs 3-9 below.

Conclusions

3. We cannot leave the nationality situation as it is

4.

a.

because departments and agencies that retain nationality restrictions under Article 48.4 of the EEC Treaty (in respect of public service posts) face a challenge from EC nationals who do not share the privileged access to such posts that our domestic law grants to Irish nationals and to non-UK Commonwealth citizens (Annex B paragraphs 2-8);

b.

because of the possible criminal offence which can occur under the 1919 Act (Annex B paras 9-12); and

C.

because it is paradoxical and therefore potentially open to challenge that an EC Member State (the UK) operates 2 different policies, in relation to the citizens of another EC State (the Irish Republic), in 2 distinct areas within its boundaries, that is, in Northern Ireland and in Great Britain.

There

be may

an urgent need to resolve the anomaly at paragraph 3a above, if the Civil Service loses the case impending, before an Industrial Tribunal. The difficulty, and that referred

above, paragraph 3b

could be removed by amending

to

at

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