TNAG-2629-FCO40-3820-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1992 — Page 69

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20

Assuming Ministers collectively were content there remains the question of the

timing of any change. On the one hand the Government's policy of more open

government points towards consulting publicly before the change is made. It is relevant

that the Home Secretary has recently written to the Chairman of the Bar Council

making it clear that he favours consultation with the Council on Home Office proposals

where this is possible. As the Board recognised the last time the working holidaymaker

scheme was discussed, change in this area is likely to be controversial. While prior

consultation is unlikely to result in a consensus in favour of change, it may help to

reduce any controversy. On the other hand advertising the proposed changes may lead

to an influx of new applications which would fall to be considered under the present

Rules. There are no extra resources available to consider any such increase in

applications and so advertising change may simply add to existing problems.

21.

Despite these risks the arguments in favour of consultation are persuasive. The

risks can be minimised by limiting the consultation period. The Board has already

agreed that B2 should take forward work on revising the format of the Rules. Subject

to Ministers' agreement our aim now is to make these revised Rules after enactment

of the Asylum Bill so that the new Asylum Section of the Rules can be incorporated into

the new format. On this basis B2 intends to seek Ministers' agreement to reformulation

in early Autumn and to publish a draft version of the new Rules for comment in early

1993. However using this Rule change would leave some considerable time between

announcement and implementation. There is therefore a case for an earlier Rules

change limited to the working holidaymaker scheme. Assuming Ministers agree these

changes it might be preferable to aim for an announcement of the proposed changes by

arranged PQ as soon as Parliament returns in late October followed by implementation

immediately prior to the Christmas recess.

Conclusion

22.

The Board is invited to agree that Ministers should be asked to approve:

a) the changes to the working holidaymaker scheme summarised in

paragraph 19 above;