New regulations on employment in public service in the UK

New regulations on when people with rights under European law can hold jobs in public service (the ‘civil service’) in the UK came into force on 7 March 2007. Under the new regulations those who will are able to apply for jobs in UK public service are nationals of European Economic Area (EEA) states and family members with rights to work in the UK when the principal is employed, Swiss nationals and their family members exercising rights of free movement under agreements between the European Community and Switzerland, and Turkish nationals and family members exercising free movement rights under the Association agreement between Britain and Turkey. Not all parts of the UK public service are open to these people. Posts in the Security Service, the Secret Intelligence Service and Government Communications Headquarters remain reserved for British nationals. The UK government retains a right to reserve other posts in the Diplomatic Service, the Foreign and Commonwealth Office, (FCO), and in the Ministry of Defence (Intelligence staff) to British nationals where this is considered necessary and the functions of the post involve the post holder having access to security and intelligence information or information affecting the interests of the UK or safety in the UK, or that concerns border control or decisions about immigration. It remains to be seen how widely these exceptions will be applied. The Treaty establishing the European Community requires member States of the European Union to secure freedom of movement for workers within the Union. An exception to this allows member States to limit employment in public service to their own nationals. Since 1991, the UK has taken steps to open up posts in its public service to nationals of member States of the European Union and certain of their family members.