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Proceeding contribution from Andrew Dismore (Labour) in the House of Commons on Friday, 12 June 2009. It occurred during Debate on bill on Crown Employment (Nationality) Bill 2008-09.


Crown Employment (Nationality) Bill

I think my answer would be no, because the person's country had been a member of the Commonwealth at the time of his employment. It could be argued that the contract of employment would be frustrated, but I think that the matter would be approached sensibly, on the basis of the rules as they applied when the person was employed. If the person was fit to work and suitable for appointment at the time when he was employed, the existing position would continue. The person in question would still be the same person even if his country had been suspended from the Commonwealth, like Zimbabwe. When I embarked on this marathon, it was thought that about 10 per cent. of the total number of posts should be reserved. It is now estimated that only about 5 per cent. of civil service posts—27,000—need be reserved. It is expected that the Bill would open up the remaining 95 per cent. of posts to selection on merit regardless of nationality, enabling us to build a civil service reflecting the diversity of the society that it serves. Over the years, support for my proposals has grown. In their evidence to the Public Administration Committee, the civil service trade unions said:""For the record we should state that the present Civil Service Nationality Rules are blatantly discriminatory against people from the Irish Republic and the Commonwealth. This is not a situation which reflects well on the Government or the Civil Service and completely flies in the face of efforts to develop a diverse Civil Service which represents the whole community it serves and one which endeavours to provide equality of opportunity to all its staff."" Several years ago, the Public Administration Committee said:""This would be a much-needed reform and one that has long been called for"," and that it was""to be welcomed and such provisions should be included in primary legislation to be introduced when Parliamentary time allows."" I therefore hope that the Bill will now be able to make progress. Obviously it would also raise issues in the context of clause 184(5) of the Equality Bill, which refers to schedule 22. Some years ago, when the Opposition tabled a civil service Bill based on a Select Committee draft, they appeared to agree with my proposals, and I understand that they continue to endorse them as a sensible reform. Surely the time has now come for progress. Surely we can get rid of a raft of ancient legislation dating back 200 years and replace it with legislation that is modern and fit for the 21st century, so that the civil service can recruit the people who are best suited for the job and so that we can ensure that our rules deal with applicants in a genuinely non-discriminatory way.


Secondary information

Type
Proceeding contribution
Reference
493 c1071 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
Conditions of employment Commonwealth British overseas territories Civil servants Civil service Certification British overseas territories citizenship Employment Intelligence services Eligibility Immigration Free movement of labour National security Recruitment Nationality Migrant workers Vetting Turkey Switzerland European economic area
Legislation
Crown Employment (Nationality) Bill 2008-09
Link
View this Proceeding contribution on www.publications.parliament.uk