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Crown Employment (Nationality) Bill

First, I congratulate my hon. Friend the Member for Hendon (Mr. Dismore) on his continuing commitment to this Bill; I believe he said that this is his seventh attempt with this particular piece of legislation. I also understand that the former Member for Wimbledon, Mr. Casale, also introduced this Bill, so it has a long and dignified history. As I understand it, the Bill has sought in the past, and continues to seek, to do two things. First, it seeks to remove nationality restrictions applying to employment or the holding of office in a civil capacity under the Crown. Secondly, it seeks to empower a Minister of the Crown to make rules in respect of the nationality requirements of certain categories of posts. In effect then, the Bill would open up Crown employment, including in the civil service, in non-reserved posts to all individuals of any nationality who can live legally in the UK and have entitlement to work here. There would be no bypassing of the UK's immigration system. I wish to go into a bit more depth about the Bill, but may I say at the outset that I think it contains considerable merit, although some issues will require further discussion? So, although I am unable to give full support to the Bill today, I want it to progress to Committee, because that seems to be the appropriate place to discuss those issues and examine any concerns that may be raised. In the fine traditions of this House, that is the right and proper way to address such concerns. I cannot give it my full support, but it is appropriate that it should go to Committee for further discussion. I shall set aside the effect of the Bill for the moment and consider the current nationality rules and framework, and who can currently be employed under its remit. Holders of an office in a civil capacity under the Crown include civil servants in Departments, including the devolved Administrations, the judiciary, the security and intelligence services, the royal household and civilian Army personnel. Within those two groups are two types of post—the reserved and the non-reserved. As we have heard from my hon. Friend, reserved posts are those that are seen, due to their sensitive nature, as requiring special allegiance to the Crown and therefore reserved for UK nationals only. Some posts are reserved as a matter of course—for example, all posts in the intelligence and security services are reserved, as are those in the diplomatic service and the Foreign and Commonwealth Office, unless in the latter case the Minister decides otherwise. Certain other categories of post are also capable of being reserved for UK nationals, but only if the Minister responsible for the Department or agency considers that to be necessary. Examples of such posts include posts in the defence intelligence staff in the Ministry of Defence or those posts whose functions are concerned with access to intelligence information received directly or indirectly from the security intelligence services; access to other information that, if disclosed without authority or otherwise misused, might damage the interests of national security; or access to other information which, if disclosed without authority or otherwise misused, might be prejudicial to the interests of the UK or the safety of its citizens. Other such posts include those concerned with border control or decisions about immigration. If a post does not fall into one of the above categories, it cannot be reserved. This supports the deliberate intention to keep the posts as open as possible and to reserve as few as possible. My hon. Friend asked about some parliamentary questions that he had tabled. I can tell him that some 5 per cent. of posts in the civil service are currently reserved and the rest are available to all other qualifying nationals. Some 27,000 posts are reserved. As I am relatively new to this position, I have not seen the other questions that he mentioned, but I will ensure that he receives answers as soon as possible. He also asked how many alien certificates had been issued in 2008-09. The final figures are being collated, so they are not yet available, but they will be made available to him as soon as that happens. For 2007-08, the figures peaked at 80 through the year, although the final figure was 60. Those figures have not been finally confirmed, but when they have, they will be provided to my hon. Friend. I hope that that is helpful to him. So which nationalities, under the rules, are eligible for employment in those remaining 95 per cent. of posts and who is precluded? The answer is that the rules do not specifically preclude any nationality from being considered for employment—individuals who apply for posts will be eligible in their own right or, potentially, employable through one of the available exceptions. As of right under the rules, the following countries or associations of countries are eligible for employment: the UK; the Republic of Ireland; the Commonwealth; the European economic area; and Switzerland and Turkey. Also, certain—not all—family members of EEA, Swiss and Turkish nationals are also eligible regardless of their nationality. UK nationals include citizens born in the UK; British citizens born abroad; British Overseas citizens; British Overseas Territories citizens; British Nationals (Overseas) British subjects; and those recognised as British citizens through naturalisation or registration. The hon. Member for Somerton and Frome (Mr. Heath) asked about Commonwealth citizens. A Commonwealth citizen is any person who has the status of a Commonwealth citizen under the British Nationality Act 1981, and the territories forming part of the Commonwealth are listed as part of that Act. That includes more than 70 countries and territories. His particular question was about what would happen if a country ceased to be a member. The response given by my hon. Friend the Member for Hendon pretty much headed in the right direction. The rules do not affect the rights of those who might be in employment whose countries are then suspended from the Councils of the Commonwealth. When a nation is suspended, its nationals remain in employment if they are already employed or remain eligible for employment. That would only change if the nation concerned was formally excluded by the amendment of the Act. There would have to be a formal exclusion under the legislation; a suspension would not affect eligibility for employment.