HL Deb 07 December 1994 vol 559 cc96-8WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to their Answer of 1st November 1994 (HL column WA 59), whether they will amend the nationality rules for the Armed Forces and Civil Service by eliminating distinctions, exclusions or preferences on the basis of race, colour or national extraction (as distinct from nationality or residence) so as to enable the United Kingdom to ratify the International Labour Organisation Discrimination (Employment and Occupation) Convention 1958; and, if not, why not;

Further to their Answer of 1st November 1994 (HL col. WA 59), whether they consider that it is appropriate or necessary to maintain rules for the Armed Forces and Civil Service which make distinctions, exclusions or preferences, on grounds forbidden by the International Labour Organisation Discrimination (Employment and Occupation) Convention 1958, namely on the basis of race, colour or national extraction (as distinct from nationality or residence) "to ensure the close identification of the personnel concerned with the United Kingdom"; and

Further to their Answer of 1st November 1994 (HL col. WA 59), whether they consider that the needs of the United Kingdom are different from the needs of the 118 States parties to the International Labour Organisation Discrimination (Employment and Occupation) Convention 1958, in making it appropriate and necessary to maintain rules for the Armed Forces and Civil Service which make distinctions, exclusions or preferences, on grounds forbidden by the Convention, namely on the basis of race, colour or national extraction (as distinct from nationality or residence); and, if so, how.

Viscount Cranborne

The Race Relations Act 1976 preserves the validity of nationality rules governing eligibility for employment in the service of the Crown. The special rules relating to national extraction (as distinct from nationality or residence) governing employment in the Civil Service apply only to posts in the Cabinet Office, the Ministry of Defence and the Foreign and Commonwealth Office. The extent to which those rules could be relaxed is the subject of a review which is being co-ordinated by the Minister for the Civil Service. Similar rules govern eligibility for service in the armed Forces and these will be reviewed by the Secretary of State for Defence in the light of the outcome of the current review in relation to civilian employment in the Ministry of Defence.