HC Deb 28 March 1996 vol 274 cc697-8W
Mr. McNamara

To ask the Chancellor of the Duchy of Lancaster what are the implications of the European Communities (Employment in the Civil Service) Order 1991 for service in departmental agencies; and if he will list the posts and agencies affected. [22917]

Mr. Freeman

The implications of the European Communities (Employment in the Civil Service) Order 1991 for service in departmental agencies in the home civil service are that, since 21 May 1991, they have been able to employ EC (now EEA—since the European Economic Area Act 1993) nationals, and certain non-EEA family members, in any of the posts which do not constitute employment in the "public service" within the meaning of article 48(4) of the EC treaty.

All departmental agencies in the home civil service are affected by the order. The agencies—98 (plus Customs and Excise and Inland Revenue which operate on next steps lines), employing some 355,000 staff—were listed in "Next Steps Review 1995", copies of which were placed in the Library of the House on 26 February 1996. Since publication, one agency—the Defence Accounts Agency-1,770 staff—has ceased to exist and the following four have been launched.

Number of staff
Defence Bills Agency 650
Defence Dental Agency 205
Medical Supplies Agency 260
Pay and Personnel Agency 965

Most posts in departmental agencies are non-public service posts; a list could be produced only at disproportionate cost.

Mr. McNamara

To ask the Chancellor of the Duchy of Lancaster what are the implications of the European Communities (Employment in Civil Service) Order 1991 for a person born and resident in Northern Ireland but holding a passport issued by the Republic of Ireland in respect of employment in the public and civil service; and if he will list all the posts, Departments and agencies affected. [22924]

Mr. Freeman

Persons born and resident in Northern Ireland, but holding a passport issued by the Republic of Ireland, provided they still hold British nationality, are eligible for employment in almost any post in the home civil service in the same way as any other British national. Those who surrender British nationality in favour of Irish citizenship will, from 1 June 1996, under the arrangements I announced on 1 March 1996,Official Repot, column 771, come within the ambit of the European Communities (Employment in the Civil Service) Order 1991; they will be eligible, together with nationals of other EC (now EEA—since the European Economic Area Act 1993) member states and certain members of their families, for appointment to approximately 390,000 posts in the home civil service—75 per cent. of all posts—which do not constitute employment in the "public service" in EC treaty terms. These posts are spread across all home civil service Departments and their agencies and could be listed only at disproportionate cost.