Nationality rules for police staff

Report: 11
Date: 19 May 2005
By: the Chief Executive and Clerk

Summary

The nationality rules for police officers are different from the nationality rules for police staff. This report proposes bringing the nationality rules for police staff into line with police officers.

A. Recommendation

That the Human Resources Committee agree that the Authority remove the nationality restrictions for police staff to bring them into line with those for police officers.

B. Supporting information

1. The nationality rules applicable to the employment of police staff in the Metropolitan Police Service (MPS) are different from the nationality rules for police officers. For police staff, employees must be citizens of the United Kingdom (UK), of a member state of the European Economic Area (EEA) or the Commonwealth. Commonwealth citizens and are required to evidence that they can live and work in the UK legally. The ‘official’ term for this status is ‘indefinite leave to remain in the UK without restriction’.

2. In contrast, there are no nationality restrictions for the appointment of police officers. These were removed by s.82 of Police Reform Act 2002, a change that was supported by Metropolitan Police Authority (MPA) members. The rationale for this was to remove any factors, such as nationality, which were seen as unnecessary for the recruitment of police officers and to encourage the creation of a diverse police service.

3. These different rules have recently resulted in, for example, turning down a female Zimbabwean applicant for Police Community Support Officer (PCSO) as Zimbabwe was expelled from the Commonwealth in December 2003. She would have been eligible to become a police officer. . The individual had 'indefinite leave to remain in the UK without restriction'. Another situation arose in Kingston where a number of Korean applicants who wished to be PCSOs also fell foul of the existing nationality rules.

4. Having taken legal advice, it is clear that:

• police staff were subject to the same nationality rules for civil servants according to Act of Settlement 1700, Aliens Restriction (Amendment) Act 1919 and Aliens Employment Act 1955 as the police authority for the Metropolitan Police District was the Home Secretary (s.76 London Government Act 1963);
• the police authority is now the Metropolitan Police Authority (MPA) by virtue of Part VI of the Greater London Authority Act 1999 and is the employer of police staff (s.15(1) and 15(5) Police Act 1996);
• police staff are no longer employees in the civil service of the state;
• there is now no statutory barrier to MPS staff being of any nationality and no statutory requirement for a restriction; and
• to maintain the restriction runs the substantial risk of discrimination claims under the Race Relations Act 1976.

5. On the basis of this advice, copies of which will be available before the meeting, it is recommended that the Authority formally removes the nationality restrictions for the employment of police staff. This will create consistent rules for police officer and police staff appointments in terms of any nationality requirement which will make sense to the people of London, not least to potential staff.

C. Race and equality impact

As indicated at paragraph 5, there is a possibility that the Authority will face a discrimination claim under the Race Relations Act 1976. The recommendation, if agreed, will remove this possibility.

D. Financial implications

There are no financial implications.

E. Background papers

None

F. Contact details

Report author: Alan Johnson (Head of Human Resources), MPA.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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