HL Deb 17 January 1979 vol 397 cc1151-3WA
Lord AVEBURY

asked Her Majesty's Government:

Whether they will state what are the nationality qualifications required of applicants for: (a) Crown appointments where Civil Service criteria apply, and (b) posts in public corporations and nationalised industries; for which it is sufficient that the applicant should be a British subject or Commonwealth citizen and for which it is required that he or she should be a citizen of the United Kingdom and Colonies; what residence requirements in the United Kingdom or in other Commonwealth countries must be fulfilled to make a person eligible to apply; and under what legal authority the Civil Service Commissioners may vary the rules concerning nationality qualifications for applicants for Crown appointments.

Lord PEART

To be eligible for most Crown appointments for which Civil Service criteria apply an applicant must be a British subject, a Commonwealth citizen, a British protected person, or a citizen of the Irish Republic. In addition, at least one of his or her parents must be, or have been at death, in one of those four categories: or the applicant must have resided within the Commonwealth or the Irish Republic or have been employed elsewhere in the service of the Crown for at least 5 out of the last 8 years preceding the date of appointment. The corresponding rules for appointments in the Cabinet Office, the Ministry of Defence, and in Her Majesty's Diplomatic Service are somewhat stricter. A statement of the rules covering all types of appointment is somewhat complex for inclusion in the Official Report, and I am therefore sending a copy of it ("General Information for Candidates") to the noble Lord separately. I have also arranged to have copies placed in the Library.

The criteria for appointment to public corporations and nationalised industries are not part of my responsibilities, but I understand that under the provisions of the Race Relations Act 1976 only those bodies listed in the Schedule to the Race Relations (Prescribed Public Bodies) Regulations 1977 (SI 1977 No. 1774) may lawfully restrict employment to persons of particular birth, nationality, descent, or residence. The Schedule does not include the nationalised industries.

An appointee to Her Majesty's Diplomatic Service is required to undertake to become a citizen of the United Kingdom and Colonies as soon as possible after his or her appointment if he or she is not already such a citizen. This requirement does not, however, apply to posts in the Home Civil Service.

So far as the nationality rule is concerned, therefore, residence within the Commonwealth is not an essential requirement: it is an alternative way of satisfying the nationality rule in the case of an applicant who does not meet the requirement that at least one of his parents must be or have been at death a British subject, a Commonwealth citizen, a British protected person or a citizen of the Irish Republic. A prescribed minimum period of residence within the United Kingdom is, however, sometimes required in the case of persons of non-United Kingdom origin who are being considered for employment in the Civil Service in connection with work the nature of which is vital to the security of the State.

Under the Civil Service Order in Council dated 29th September, 1978, the Civil Service Commissioners have authority, subject to the approval of the Minister for the Civil Service, or the Secretary of State for Foreign and Commonwealth Affairs as appropriate, to make General Regulations prescribing, or varying, the conditions on which persons may be appointed to Her Majesty's Home Civil or Diplomatic Service.