asked the Secretary of State for Northern Ireland if he will draw to the attention of the various area health and social service boards the fact that the provisions of the European Economic Community treaty regarding equal treatment for workers of the member states as regards employment do not apply to employment in the public service.
The European Court of Justice established that in deciding whether the exception regarding emploment in the public service (as contained in article 48.4 of the EEC Treaty) is applicable in a particular case, not only the status of the employer but also the particular job must be considered. Health and Social Services Boards provide a very wide range of emploment and not all of the categories would fall within the definition of public service. If the hon. Gentleman has a particular category in mind perhaps he would write to me.