it
CONFIDENTIAL
the
to
legi ation. Specifically in relation to the position at 3a
nationality amendment would promote a less restrictive policy on qualifications;
would have the effect of allowing access posts for a wider range of applicants, including some or all of those now defined as "aliens".
"aliens". Such a change would also enable departments and agencies to maximise their recruitment options by However, such an approach drawing on nationalities now excluded. has two drawbacks:
a.
the
ability it
may compromise agencies to invoke Article 48.4 at all;
of and
departments and
b. it will not remove the anomaly at paragraph 3c above (in that the current policy of allowing Irish nationals to
in service posts
access
have
exceptional
the
Annex B
public circumstances only, might be compared unfavourably with
Britain) -
NICS to
less restrictive
paragraph 23.
in position
Great
Recommendations
5.
to
eligible that "public
It is alternatively recommended that Ministers be asked agree, as a medium-term objective, a preference for a more liberal policy allowing all irrespective of nationality, to be in
Civil Service. Within anywhere
the for employment framework it is
to retain the Article 48.4 proposed service" restrictions by using administrative rules in respect of specific vacancies which departments consider must remain the "public service" derogation (see b. below). minimise problems of comparison between Great Britain and Northern Ireland. Such an administrative regime might assume:
6.
a.
are
to
within
This would
that:, by virtue of adopting liberal policy, Ministers make a total cut-back in access by not prepared
of the citizens
UK Commonwealth Irish Republic or by non citizens to posts in the Great Britain Civil Service;
b.
service".
Any
that, when we adopt a more liberal option, we should not legislate domestically in such a way as to forego the right given by Article 48.4 to prescribe a core of posts properly
belonging to the designated
"public amendment might include a positive power to UK Ministers specify nationality requirements as necessary in with Article 48.4;
C.
as
reasons
to
accordance
that we can establish for particular recruitment schemes for limiting access to the jobs respectable advertised to UK nationals only, as the FCO do, and that that can be done without breaching racial equality legislation;
to
that
d. that there are no residual rights belonging to citizens of the Irish Republic or non UK Commonwealth citizens
be eliminated by the rules attaching schemes, especially for recruitment to posts to which have previously had access.
cannot
particular
they
'a
a
between Great
The idea propounded in para 5 may go far enough to enable policy to be developed which is largely coherent
2 CONFIDENTIAL
No comments yet.
Private notes are available after approval.