§ (1) Section 3 of the Act of Settlement 1700 (c. 2) (which, subject to exceptions, prevents persons born outside the United Kingdom from holding certain offices) shall not prevent any person from being employed or holding office in a civil capacity under the Crown.
§ (2) In the Aliens Restriction (Amendment) Act 1919 (c. 92), section 6 (which, subject to exceptions, prevents the appointment of aliens to posts in the Civil Service) is omitted.
§ (3) The Aliens' Employment Act 1955 (c. 18) is hereby repealed.
1005§ (4) The European Communities (Employment in the Civil Service) Order 1991 (S.I., 1991, No. 1221) is hereby revoked."
§ On Question, amendment agreed to.
§
Lord Lester of Herne Hill moved Amendment No. 2:
After Clause 20, insert the following new clause—
"POWER TO IMPOSE NEW NATIONALITY REQUIREMENTS
(1) Rules may be made imposing requirements as to nationality which must be satisfied by a person employed or holding office in a civil capacity under the Crown specified in the rules.
(2) The rules may also impose requirements as to nationality which must be satisfied by persons of a description specified in the rules who are related to, or living with, such a person.
(3) The rules may be made—
(4) The rules may include provision—
(5) The reference in section 75(5)(6) of the Race Relations Act 1976 (c. 74) (rules relating to nationality etc. of persons employed in service of Crown) to the implementation of rules includes the grant of (or refusal to grant) exemptions under subsection (4)(b).
§ On Question, amendment agreed to.
§
Lord Lester of Herne Hill moved Amendment No. 3:
After Clause 20, insert the followig new clause—
"REPEALS AND REVOCATION
Schedule (Repeals and revocations) has effect.
§ On Question, amendment agreed to.
§ Clause 21 [Interpretation]:
§
Lord Lester of Herne Hill moved Amendment No. 4:
Page 9, line 19, at end insert—
"civil servant" means any individual who is a permanent, short-term or seconded member of the Civil Service who is vested with public functions to assist Her Majesty's Government in the United Kingdom, the Scottish Executive or the National Assembly for Wales in the formulation of policies, the carrying out of decisions and the provision of public services;
Civil Service" means—
Civil Service Code" has the meaning given in section 13(1)(a);
Civil Service Commission" means the Civil Service Commission for England, Wales and Scotland;
§ On Question, amendment agreed to.
1006
§
Lord Lester of Herne Hill moved Amendments Nos. 5 to 7:
Page 9, leave out lines 22 and 23.
Page 9, line 23, at end insert—
"Recruitment Code" means the Recruitment Code for the Civil Service published and maintained in accordance with section 8;
Page 9, line 25, at end insert—
"Special Advisers' Code" has the meaning given in section 13(1)(b); and
special adviser" means an individual appointed personally by a Minister of the Crown (whether in a paid or unpaid capacity) to provide advice and assistance informed by views of the political party of which that Minister is a member.
§ On Question, amendments agreed to.
§ Clause 21, as amended, agreed to.
§ Clause 22 agreed to.
§
Lord Lester of Herne Hill moved Amendment No. 8:
After Clause 22, insert the following new clause—
"EXPENSES
There shall be paid out of money provided by Parliament—
§ The noble Lord said: Amendment No. 8 deals with public expenditure, which is a necessary addition. I have already spoken to the amendment. I beg to move.
§ On Question, amendment agreed to.
§ Clause 23 [Short title, commencement and extent]:
§
Lord Lester of Herne Hill moved Amendments Nos. 9 to 11:
Page 9, line 34, leave out "Executive Powers and
Page 9, line 35, leave out -1" and insert "4
Page 10, line 3, leave out from "Service" to end of line 6.
§ On Question, amendments agreed to.
§ Clause 23, as amended, agreed to.
§ On Question, Whether Schedule I shall be agreed to?
§ Lord Lester of Herne HillI have already explained that in this grouping, each of Schedules 1, 2, 4 and 5 should fall consequentially on the amendments already made. I therefore oppose the Question that Schedule I be the first schedule to the Bill.
§ Schedule 1 negatived.
§ Schedule 2 negatived.
§ Schedule 3 agreed to.
§ Schedules 4 and 5 negatived.
1007
§
Lord Lester of Herne Hill moved Amendment No. 12:
After Schedule 5, insert the following new schedule—
| "REPEALS AND REVOCATIONS | |
| Title and reference | Extent of repeal or revocation |
| Aliens Restriction (Amendment) Act 1919 (c. 92) | Section 6. |
| Aliens' Employment Act 1955 (4&5 Eliz. 2 c. 18) | The whole Act. |
| European Communities (Employment in the Civil Service) Order 1991 (S.I., 1991, No. 1221) | The whole Order." |
§ On Question, amendment agreed to.
§ In the Title:
§
Lord Lester of Herne Hill moved Amendment No. 13:
Leave out from beginning to "make" in line 2.
§ The noble Lord said: My Lords, again, this amendment and those grouped with it are consequential. I beg to move.
§ On Question, amendment agreed to.
§
Lord Lester of Herne Hill moved Amendments Nos. 14 and 15:
Line 4, after "advisers;" insert "to make provision for and in connection with the removal of general restrictions as to nationality which apply to persons employed or holding office in any civil capacity under the Crown
Line 4, leave out from "advisers:" to "and" in line 5.
§ On Question, amendments agreed to.
§ Title, as amended, agreed to.
§ House resumed: Bill reported with amendments.