TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 175

MEIJER INDUSTRIAL TRIBUNAL CASE

Possible Questions Posed by Tribunal & Alternative Outcomes

Is post applied for

Revenue Officer) properly designated 'public service"?

ON

Meijer.. eligible to be considered with any other EC national

YES

Meijer: prima facie

ineligible but

2. Can access to PS posts

be defended for:

a.

Irish? b. Commonwealth?

NO

YES

YES

Reasons:

Pre EEC accession arrangement

Historical allegience

Special relationship

Atlee declaration

) Irish case

Joint Studies Report 1981 ) only

a.

b.

Justified?

YES

NO

b. or c.

Options for CS

a.

Remove non UK Commonwealth and Irish citizens from PS posts?

Not practicable & overlooks PS posts previously held by non UK Commonwealth &

Irish

b.

Re-designate PS posts

as NPS

C.

Contest

in higher

courts to

buy time for CS liberalisation policy to evolve

but if/when Meijer case is lost move immediately

to Intermediate Stage

Intermediate Stage

Introduce restricted

PS core (48.4) wef specified date excluding Irish and non UK Commonwealth

Policy Objective

Full liberalisation according to department/agency

needs

Introduce full liberalisation

retaining Intermediate Stage/ protection when needed

Status quo preserved for

Order in Council

a. Irish

b. Commonwealth

Legislative Method

Primary legislation.

No pressure for liberalisation

following IT case but pursue repeal of criminal offence under 1919 Aliens Restriction Act

Short - 1992/3 Parliamentary Session

IC

Timescale

Medium term

- 1993/4

Parliamentary Session