1211

House of Commons

Notices of Amendments

given on

Thursday 8 October 2009

For other Amendment(s) see the following page(s) of Supplement to Votes:

1113-29, 1161-62, 1191-92 and 1201

Consideration of Bill

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Equality Bill, As Amended

Crown Employment: removal of existing nationality requirements

Mr Andrew Dismore

NC27

To move the following Clause:—

‘(1)	Section 3 of the Act of Settlement (which, subject to exceptions, prevents persons

born outside the United Kingdom from holding certain offices) does not prevent

any person from being employed or holding office in a civil capacity under the

Crown.

(2)	In the Aliens Restriction (Amendment) Act 1919 (c. 92), omit section 6 (which,

subject to exceptions, prevents the appointment of aliens to posts in the Civil

Service).’.

Crown Employment: power to impose new nationality requirements

Mr Andrew Dismore

NC28

To move the following Clause:—

‘(1)	Rules may be made imposing requirements as to nationality which must be

satisfied by a person employed or holding office in a civil capacity under the

Crown in a reserved post.

(2)	A post is a reserved post if—

(a)	it is a post in any of the security and intelligence services, or

(b)	it is within subsection (3) or (4), and a Minister of the Crown has

determined that it is necessary for requirements as to nationality to be

satisfied in relation to the post.

(3)	The posts within this subsection are—

(a)	posts in Her Majesty’s Diplomatic Service and posts in the Foreign and

Commonwealth Office, and

Notices of Amendments: 8 October 2009

1212

Equality Bill, continued

(b)	posts in the Defence Intelligence Staff.

(4)	The posts within this subsection are posts whose functions are concerned with—

(a)	access to intelligence information received directly or indirectly from

any of the security and intelligence services,

(b)	access to other information which, if disclosed without authority or

otherwise misused, might damage the interests of national security,

(c)	access to other information which, if disclosed without authority or

otherwise misused, might be prejudicial to the interests of the United

Kingdom or the safety of its citizens, or

(d)	border control or decisions about immigration.

(5)	A determination under subsection (2)(b) may relate to a particular post or posts,

or to posts falling within a description specified in the determination.

(6)	In this section “the security and intelligence services” means—

(a)	the Security Service,

(b)	the Secret Intelligence Service, and

(c)	the Government Communications Headquarters.

(7)	The rules may also—

(a)	impose requirements as to nationality which must be satisfied in the case

of persons connected with a person who must satisfy requirements

imposed under subsection (1), and

(b)	provide that any requirement imposed under paragraph (a) may be treated

as satisfied if a connected person has or had substantial ties with the

United Kingdom.

(8)	For the purposes of this section the following are connected with a person—

(a)	any parent or deceased parent of the person,

(b)	any spouse or civil partner of the person,

(c)	any person living together with the person as if they were spouses or civil

partners, or

(d)	any parent of a person within paragraph (b) or (c).

(9)	The rules are to be made by a Minister of the Crown.

(10)	The rules may include provision—

(a)	exempting persons of a description specified in the rules (and persons

connected with them) who were first employed, or first held office, in the

post in question before a specified date, and

(b)	allowing the granting of exemptions by the appropriate person.

(11)	In subsection (10)(b) “the appropriate person” means—

(a)	in the case of posts in the Security Service, the Director-General of the

Security Service or a person nominated by the Director-General of the

Security Service,

(b)	in the case of posts in the Secret Intelligence Service, the Chief of the

Secret Intelligence Service or a person nominated by the Chief of the

Secret Intelligence Service,

(c)	in the case of posts in the Government Communications Headquarters,

the Director of the Government Communications Headquarters or a

person nominated by the Director of the Government Communications

Headquarters, and

(d)	otherwise, a Minister of the Crown.

(12)	The references in—

(a)	section 75(5)(b) of the Race Relations Act 1976 (c. 74) (rules relating to

nationality etc. of persons employed in service of Crown), and

Notices of Amendments: 8 October 2009

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Equality Bill, continued

(b)	Article 71(5)(b) of the Race Relations (Northern Ireland) Order 1997

(S.I. 1997/869 (N.I. 6)) (corresponding provision for Northern Ireland),

to the implementation of rules include the grant of (or refusal to grant)

exemptions under subsection (10)(b).

(13)	The power of a Minister of the Crown to make rules under this section is

exercisable by statutory instrument.

(14)	A statutory instrument containing rules under this section is subject to annulment

in pursuance of a resolution of either House of Parliament.

(15)	Nothing in this section limits any power to impose a requirement which is not a

requirement as to nationality even if the ability of a person to satisfy the

requirement may be affected by the nationality of the person or any other

person.’.

Crown Employment: repeals and revocations

Mr Andrew Dismore

NC29

To move the following Clause:—

‘The Schedule (Crown Employment: repeals and revocations) has effect.’.

Mr Andrew Dismore

NS1

To move the following Schedule:—

‘Crown Employment: repeals and revocations

	Title and reference	Extent of repeal or revocation
	Aliens Restriction (Amendment)	Section 6.
	Act 1919 (c.92)
	Aliens’ Employment Act 1955 (4	The whole Act.
	& 5 Eliz. 2 c. 18)
	European Communities	The whole Order.
	(Employment in the Civil
	Service) Order 1991 (S.I. 1991/
	1221)
	European Communities	The whole Order.’.
	(Employment in the Civil
	Service) Order 2007 (S.I. 2007/
	617)

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Revised 9 October 2009