Constitutional Reform (Prerogative Powers and Civil Service etc.) Bill [HL]

moved Amendment No. 8:"Leave out Clause 18 and insert the following new Clause—" ““NEW NATIONALITY REQUIREMENTS (1)   The Secretary of State may by regulations make provision for nationality requirement which must be satisfied by a person employed or holding office in a civil capacity under the Crown. (2)   The regulations may also impose requirements as to nationality which must be satisfied by persons of a description specified in the regulations who are related to, or living with, such a person. (3)   The regulations may include provision— (a)   exempting persons of a description specified in the rules (and persons related to, or living with, them) who were first employed, or first held office, in the capacity in question before a specified date; and (b)   allowing any Minister or other officer of the Crown to grant exemptions in cases in which the Minister or officer considers it appropriate. (4)   The reference in section 75(5)(b) of the Race Relations Act 1976 (c. 74) (rules relating to nationality etc. of persons employed in service of Crown) to the implementation of rules includes the grant of (or refusal to grant) exemptions under subsection (3)(b). (5)   The regulations— (a)   shall be made by statutory instrument; and (b)   are subject to annulment in pursuance of a resolution of either House of Parliament.”” The noble Lord said: This amendment addressed concerns raised by the Delegated Powers and Regulatory Reform Committee that the power to impose new nationality requirements for the Civil Service in Clause 18 was not subject to parliamentary procedure. The amendment provides therefore that any new rules imposing nationality requirements must be made by statutory instrument by a Minister and subject to the negative resolution procedure. I commend the amendment to the Committee and I beg to move.