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| | given up to and including |
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| | Wednesday 17th October 2007 |
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| | Crown Employment (Nationality) Bill
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| To move the following Clause:— |
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| | | ‘(1) | A person who is ineligible to be employed or hold office in a civil capacity under |
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| | | the Crown by reason of the rules made under section 2 (“the rules”) may appeal |
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| | | to a Crown Employment (Nationality) Rules Tribunal (“the Tribunal”) for an |
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| | | exemption from the rules. |
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| | | (2) | In determining an appeal the Tribunal may recommend to a Minister of the Crown |
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| | | (or any person or body to whom the power has been delegated under section 2(3)) |
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| | | that an exemption to the rules be made. |
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| | | (3) | The Secretary of State shall make regulations with respect to the composition, |
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| | | conduct and operation of the Tribunal. |
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| | | (4) | The Secretary of State may not make regulations under this section unless a draft |
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| | | of the regulations has been laid before and approved by a resolution of each |
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| | | (5) | The power to make regulations under this section is exercisable by statutory |
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| | | Limitation on Scope of Act |
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| | | To move the following Clause:— |
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| | | ‘Nothing contained herein shall affect or change the current restrictions which |
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| | | apply to those holding ministerial office or to any person seeking any elected |
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| | | office or membership of any Parliament, Assembly or Council in any part of the |
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| | | United Kingdom (including Scotland and Northern Ireland) or the current |
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| | | restrictions on the appointment or bestowing of an honour.’. |
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| | | Requirement of oath or affirmation |
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| | | To move the following Clause:— |
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| | | ‘All persons being employed or holding office in a civil capacity under the Crown |
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| | | shall prior to taking up such office of employment make the oath or affirmation |
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| | | specified in the Schedule.’. |
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| | Page 1, line 12 [Clause 2], leave out ‘specified in the rules’ and insert— |
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| | | ‘(a) | in a post of a description specified in the rules, or |
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| | | (b) | in a post of a description specified in the rules as one in the case of which |
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| | | a Minister of the Crown considers it necessary that requirements as to |
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| | | nationality must be satisfied.’. |
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| | Page 1, line 14 [Clause 2], leave out from ‘satisfied’ to end of line 15 and insert ‘in |
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| | the case of persons connected with such a person; and the rules may provide that any |
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| | requirement as to nationality imposed under this subsection in relation to a person |
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| | connected with such a person may be treated as satisfied if the connected person has or |
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5 | had substantial ties with the United Kingdom. |
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| | | (2A) | For the purposes of this section the following are connected with a person— |
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| | | (a) | any parent or deceased parent of the person, |
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| | | (b) | any spouse or civil partner of the person, |
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| | | (c) | any person living together with the person as if they were spouses or civil |
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| | | (d) | any parent of a person within paragraph (b) or (c).’. |
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| | | As Amendments to Gillian Merron’s proposed Amendment (No. 2):— |
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| | | Line 8, at end insert ‘or’. |
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| | | Line 10, leave out from ‘partners’ to end of line 11. |
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| | Page 1, line 16 [Clause 2], leave out from ‘rules’ to second ‘by’ in line 18 and |
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| | Page 2, line 2 [Clause 2], leave out ‘related to, or living’ and insert ‘connected’. |
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| | Page 2, line 3 [Clause 2], leave out ‘capacity’ and insert ‘post’. |
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| | Page 2, line 4 [Clause 2], leave out from ‘allowing’ to end and insert ‘the granting |
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| | of exemptions by the appropriate person. |
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| | | (4A) | In subsection (4)(b) “the appropriate person” means— |
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| | | (a) | in the case of posts in the Security Service, the Director-General of the |
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| | | Security Service or someone nominated by the Director-General of the |
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| | | (b) | in the case of posts in the Secret Intelligence Service, the Chief of the |
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| | | Secret Intelligence Service or a person nominated by the Chief of the |
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| | | Secret Intelligence Service, |
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| | | (c) | in the case of posts in the Government Communications Headquarters, |
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| | | the Director of the Government Communications Headquarters or a |
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| | | person nominated by the Director of the Government Communications |
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| | | (d) | otherwise, a Minister of the Crown.’. |
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| | | Page 2, line 4 [Clause 2], at end insert ‘and |
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| | | (c) | restricting the number of— |
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| | | (i) | non-British nationals, and |
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| | | | being employed or holding office in any civil capacity under the Crown |
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| | Page 2, line 11 [Clause 2], at end insert— |
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| | | ‘(6) | The power of a Minister of the Crown to make rules under this section is |
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| | | exercisable by statutory instrument. |
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| | | (7) | A statutory instrument containing rules under this section is subject to annulment |
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5 | | in pursuance of a resolution of either House of Parliament. |
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| | | (8) | Nothing in this section limits any power to impose a requirement which is not a |
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| | | requirement as to nationality even if the ability of a person to satisfy the |
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| | | requirement may be affected by the nationality of the person or any other |
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| | | As Amendments to Gillian Merron’s proposed Amendment (No. 7):— |
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| | | Line 4, leave out subsection (7) and insert— |
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| | | ‘(7) | No rules under this section may be made unless a statutory instrument containing |
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| | | the rules has been laid before, and approved by a resolution of, both Houses of |
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| | | Line 6, leave out subsection (8). |
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| | | To move the following Schedule:— |
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| | | | ‘The form of oath for the employment of persons in a civil capacity under the |
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