HC Deb 10 November 1964 vol 701 cc40-2W

"12.—(1) To be eligible for appointment (other than to a situation covered by subparagraph (2) or (3) of this regulation), a candidate must be a British subject, a British protected person or a citizen of the Irish Republic and in addition satisfy one of the following conditions:—

  1. (a) if he was a British subject, a British protected person or a citizen of the Irish Republic at birth—
    1. (i) at least one of his parents must be, or have been at death, a British subject, a British protected person or a citizen of the Irish Republic, or
    2. (ii) the candidate must have resided in a country or territory within the Commonwealth or in the Irish Republic or been employed elsewhere in the service of the Crown or partly have so resided and partly been so employed for at least five years out of the last eight years preceding the date of his appointment:
  2. (b) if he was not a British subject, a British protected person or a citizen of the Irish Republic at birth, he must have resided in a country or territory within the Commonwealth or in the Irish Republic or been employed elsewhere in the service of the Crown or partly have so resided and partly been so employed for at least five years out of the last eight years preceding the date of his appointment:
  3. (c) if not qualified under sub-paragraph (a) or sub-paragraph (b) of this paragraph, he must satisfy the Commissioners that he is so closely connected with a country or territory within the Commonwealth either by ancestry, upbringing or residence, or by reason of national service, that an exception may properly be made in his favour.

(2) A candidate will not be eligible for appointment to a situation in the Ministry of Aviation, Cabinet Office, Ministry of Defence (other than the Meteorological Office, to which sub-paragraph (1) of this regulation applies) or Ministry of Public Building and Works unless (i) at all times since his birth he has been either a British subject or a citizen of the Irish Republic and (ii) he was born in a country or territory which is (or then was) within the Commonwealth or in the Irish Republic and (iii) each of his parents was born in a country or territory which is (or then was) within the Commonwealth or in the Irish Republic and is or was at death a British subject or a citizen of the Irish Republic and has or had been one or the other at all times from birth:

Provided that, notwithstanding that the aforesaid conditions are not satisfied, he may, if the conditions specified in paragraph (1) of this Regulation are satisfied, be admitted to appointment by special permission of the Minister responsible for the Department concerned.

(3) A candidate will not be eligible for appointment to a situation in the Foreign Service or to any other situation under the Secretary of State for Foreign Affairs unless at all times since his birth he has been either a British subject or a citizen of the Irish Republic and each of his parents is or was at death a British subject or a citizen of the Irish Republic and has or had been one or the other at all times since birth:

Provided that, notwithstanding that the aforesaid conditions are not satisfied, he may, by special permission of the Secretary of State, be admitted to appointment to—

  1. (a) a situation in the Foreign Service if—
    1. (i) he has at all times since his birth been either a British subject or a citizen of the Irish Republic, and
    2. (ii) one of his parents is or was at death a British subject or a citizen of the Irish Republic and has or had been one or the other at all times from birth, and
    3. (iii) his father, if not a British subject or a citizen of the Irish Republic at all times from birth, is or was at death a British subject or a citizen of the Irish Republic, and
    4. (iv) he satisfies the Secretary of State that he is so closely connected with a country or territory within the Commonwealth either by ancestry, upbringing or residence, or by reason of national service, that an exception may properly be made in his favour:
  2. (b) any other situation under the Secretary of State if the conditions specified in paragraph (1) of this Regulation are satisfied.

(4) For the purposes of this Regulation references to citizens of the Irish Republic include references to citizens of the Irish Free State or of Eire."

To provide for the proposed Diplomatic Service the Civil Service Commissioners have made the following new nationality rule, with the approval of the Treasury and the Secretaries of State for Foreign Affairs and Commonwealth Relations. 1. A candidate will not be eligible in respect of nationality for appointment to a situation in the Diplomatic Service unless:

  1. (a) at all times since birth he has been either a British subject or a citizen of the Irish Republic, and
  2. (b) each of his parents is or was at death a British subject or a citizen of the Irish Republic and has or had been one or the other at all times since birth, and
  3. (c) the Secretary of State is satisfied that the candidate is so closely connected with the United Kingdom, taking into account 42 such considerations as ancestry, upbringing, and residence, that he may properly be appointed; and
  4. (d) he undertakes to become a citizen of the United Kingdom and Colonies as soon as possible after his appointment if he is not already such a citizen:
Provided that, notwithstanding that condition (b) above is not satisfied, he may, by special permission of the Secretary of State, be admitted to appointment if—
  1. (i) one of his parents is or was at death a British subject or a citizen of the Irish Republic, and has or had been one or the other at all times since birth, and
  2. (ii) his father, if not a British subject or a citizen of the Irish Republic at all times since birth, is or was at death a British subject or a citizen of the Irish Republic.
2. References to the Secretary of State in paragraph 1 above shall be read as references to the Secretary of State for Foreign Affairs or the Secretary of State for Commonwealth Relations as may be deemed appropriate in each case. From 1st January, 1965, onwards a candidate will not be eligible for appointment to a situation under the Secretary of State for Foreign Affairs or the Secretary of State for Commonwealth Relations other than a situation in the Diplomatic Service unless he satisfies the requirements of paragraph 1(a) and (b) above: Provided that, notwithstanding that the aforesaid conditions are not satisfied, he may, if the conditions specified in Clause 12(1) of the Civil Service Commissioners General Regulations are satisfied, be admitted to appointment by special permission Of the Secretary of State for Foreign Affairs or the Secretary of State for Commonwealth Relations as the case may be.

10th November, 1964.