TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 178

CONFIDENTIAL

CIVIL SERVICE NATIONALITY AND RECRUITMENT LOOSE ENDS; THE ISSUES; POLICY OBJECTIVE AND OPTIONS;

IRISH IMPLICATIONS

Annex B

Loose Ends following the 21 5 91 Order in Council

in

1. Notwithstanding the resistance to challenges recorded Annex A paras 5-6, it was recognised from the outset that the Order in Council would not provide a complete answer to all the problems which could arise. It was to be an interim measure pending primary legislation to deal with the difficulties anomalies which still remain. consideration:

In

a.

There

and

are 5 issues for

the privileged position of Irish nationals in having access to all GB posts (not just to non public service posts, like other EC nationals);

b.

11

the significance of 'compromised" posts ie public service posts currently or previously occupied by Commonwealth (non UK and hence non EC nationals), by Irish citizens (but not other non UK EC nationals) or by foreign nationals employed with an Alien's Certificate;

C.

the different nationality rules applied by the Home Civil Service and the Northern Ireland Civil Service;

d.

the possibility of a department committing a criminal offence under the 1919 Act;

e.

the dependants of EC nationals employed in the UK.

the following paragraphs each of the above issues is explained and the implications or options considered.

The Issues

Irish Nationals and Commonwealth Service

2.

Citizens in the Home Civil

The anomalous position here arises from the advantage which Irish and Commonwealth citizens have in access to 'public service' posts,

as against the nationals of other EC Member States. This could conceivably lead to a challenge from the EC that the UK is discriminating unfairly on grounds of nationality against other EC nationals.

3. The questions here are:

り

(1) In practice how realistic is the possibility of such a justifiable challenge by the EC?

(2) What would be our defence?

1

CONFIDENTIAL