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| | Crown Employment (Nationality) Bill, As Amended
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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 may appeal to a Crown |
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| | | Employment (Nationality) Rules Tribunal (“the Tribunal”) for an exemption |
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| | | (2) | 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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| | | (3) | 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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| | | (4) | The power to make regulations under this section is exercisable by statutory |
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| | Page 1 [Clause 2], leave out lines 13 to 16 and insert ‘in a reserved post. |
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| | | (1A) | A post is a reserved post if— |
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| | | (a) | it is a post in any of the security and intelligence services, or |
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| | | (b) | it is within subsection (1B) or (1C), and a Minister of the Crown has |
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5 | | determined that it is necessary for requirements as to nationality to be |
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| | | satisfied in relation to the post. |
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| | | (1B) | The posts within this subsection are— |
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| | | (a) | posts in Her Majesty’s Diplomatic Service and posts in the Foreign and |
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10 | | (b) | posts in the Defence Intelligence Staff. |
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| | | (1C) | The posts within this subsection are posts whose functions are concerned with— |
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| | | (a) | access to intelligence information received directly or indirectly from |
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| | | any of the security and intelligence services, |
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| | | (b) | access to other information which, if disclosed without authority or |
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15 | | otherwise misused, might damage the interests of national security, |
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| | | (c) | access to other information which, if disclosed without authority or |
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| | | otherwise misused, might be prejudicial to the interests of the United |
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| | | Kingdom or the safety of its citizens, or |
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| | | (d) | border control or decisions about immigration. |
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20 | | (1D) | A determination under subsection (1A)(b) may relate to a particular post or posts, |
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| | | or to posts falling within a description specified in the determination. |
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| | | (1E) | In this section “the security and intelligence services” means— |
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| | | (a) | the Security Service, |
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| | | (b) | the Secret Intelligence Service, and |
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25 | | (c) | the Government Communications Headquarters.’. |
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| | | As an Amendment to Angela E. Smith’s proposed Amendment (No. 1):— |
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| | Line 3, after ‘services’, insert ‘, or the Home Office’. |
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| | Page 2, line 9 [Clause 2], at end insert— |
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| | | ‘(e) | any brother or sister of a person within paragraphs (b) or (c).’. |
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| | Page 2, line 37 [Clause 2], leave out from ‘section’ to ‘House’ in line 38 and insert |
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| | ‘may not be made unless a draft of the instrument has been laid before, and approved by |
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