CONFIDENTIAL
11. One option could be a limited amendment of the relevant legi .ation to remove the nationality restriction on the employment of aliens only in respect of EC nationals. This would solve anomalies la, b and d above but the HCS/NICS differences (1c) and the dependants' anomaly (le) would remain.
to
12. Alternatively, the relevant legislation could be amended remove all nationality restrictions on the employment of aliens. This would extend the increasingly free and open framework within which departments and agencies now operate in recruiting on merit and ability according to need and could be valuable when the recruitment market becomes buoyant again. This would solve all
anomalies except 1c where the HCS/NICS differences
current
be sharpened.
Dependants of EC Nationals Employed in the UK
would
13. The final anomaly is one created solely by EC legislation. Under this, non EC spouses of EC nationals (of other (ie non UK) Member States) who are employed in the UK are eligible for posts other than public service posts, within the meaning of Article 48, but non EC spouses of UK nationals are ineligible. For example, American wife of a French or Irish national who is working
an the
in
UK would be eligible for a non public service post but an American wife of a UK national would not be eligible. The option advanced in para 12 would deal with this anomaly.
Proposed Policy Objective and Options
Policy Objective
14. Our aim must be to sort out the continuing anomalies in Our approach, particularly those that arise because of the ability of nationals of the Irish Republic to be employed in "core" posts in GB. NICS have historically seen nationality policy as raising issues of central concern to be applied in all departments equally. But their policy is different from the rest of the UK.
15. Repeal or amendment of the appropriate provisions to remove the criminal offence (paras 9-12) would allow us to take the necessary steps.
16. If the repeal were in respect of EC nationals only it would overcome the advantageous position currently occupied by non UK Commonwealth citizens and Irish nationals who have access to all posts whereas other EC nationals have access only to 'non public service' posts (paras 2-4). Alternatively it would be possible to limit the access for Irish nationals to that of the EC nationals. If,
however, the repeal were in respect of all aliens it would also overcome the anomaly created solely by EC legislation under which non EC spouses of EC nationals (of other Member States) who employed in the UK are eligible for non public service posts but non EC spouses of UK nationals are not (para 13).
are
17. Departments will
still need to obtain security clearances satisfy themselves that an individual is. suitable for employment in connection with work which is vital to
where
appropriate
to
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CONFIDENTIAL
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