Northern Ireland
Peace Process
"... it is for the people of the
island of Ireland alone, by agreement between the two parts
respectively and without external impediment, to exercise their
right of self-determination on the basis of consent, freely and
concurrently given, north and south, to bring about a united
Ireland, if that is their wish, accepting that this right must
be achieved and exercised with and subject to the agreement and
consent of a majority of the people of Northern Ireland..." (Belfast
Good Friday Agreement, 1998) [see
also
Belfast Good Friday Agreement in BBC,
Northern Ireland Conflict
Northern Ireland Peace
Process: Political Skills or Lying and Manipulation? ;
Sinn Fein's
Towards a Lasting
Peace in Ireland, 1994
Irish Politics -
Change without Change- Jon Tonge]
Belfast Good Friday
Agreement, 10 April 1998
Contents
Declaration of Support
-
Constitutional Issues
Annex A: Draft Clauses/Schedules for
Incorporation in British Legislation
Annex B: Irish Government Draft
Legislation
-
Strand One: Democratic Institutions in Northern Ireland
-
Strand Two: North/South Ministerial Council
-
Strand Three:
British - Irish Council
British -
Irish Intergovernmental Conference
-
Rights, Safeguards and Equality of Opportunity
Human Rights
United Kingdom
Legislation
New
Institutions in Northern Ireland
Comparable Steps by the Irish Government
A Joint Committee
Reconciliation and Victims of Violence
Economic,
Social and Cultural Issues
-
Decommissioning
-
Security
-
Policing and Justice
Annex A: Commission on
Policing for Northern Ireland
Annex B: Review
of the Criminal Justice System
-
Prisoners
-
Validation, Implementation and Review
Validation and
Implementation
Review Procedures Following Implementation
ANNEX:
Agreement between the Government of the United Kingdom of Great Britain and
Northern Ireland and the Government of Ireland.
DECLARATION OF SUPPORT
1. We, the participants in the multi-party negotiations, believe
that the agreement we have negotiated offers a truly historic opportunity
for a new beginning.
2. The tragedies of the past have left a deep and profoundly
regrettable legacy of suffering. We must never forget those who have died or
been injured, and their families. But we can best honour them through a
fresh start, in which we firmly dedicate ourselves to the achievement of
reconciliation, tolerance, and mutual trust, and to the protection and
vindication of the human rights of all.
3. We are committed to
partnership, equality and mutual respect as the basis of relationships
within Northern Ireland, between North and South, and between these islands.
4. We reaffirm our total and absolute commitment to exclusively
democratic and peaceful means of resolving differences on political issues,
and our opposition to any use or threat of force by others for any political
purpose, whether in regard to this agreement or otherwise.
5.
We acknowledge the substantial differences between our continuing, and
equally legitimate, political aspirations. However, we will endeavour to
strive in every practical way towards reconciliation and rapprochement
within the framework of democratic and agreed arrangements. We pledge that
we will, in good faith, work to ensure the success of each and every one of
the arrangements to be established under this agreement. It is accepted that
all of the institutional and constitutional arrangements - an Assembly in
Northern Ireland, a North/South Ministerial Council, implementation bodies,
a British-Irish Council and a British-Irish Intergovernmental Conference and
any amendments to British Acts of Parliament and the Constitution of Ireland
- are interlocking and interdependent and that in particular the functioning
of the Assembly and the North/South Council are so closely inter-related
that the success of each depends on that of the other.
6.
Accordingly, in a spirit of concord, we strongly commend this agreement
to the people, North and South, for their approval.
CONSTITUTIONAL ISSUES
1. The participants endorse the commitment made by the
British and Irish Governments that, in a new British-Irish Agreement
replacing the Anglo-Irish Agreement, they will:
(i) recognise
the legitimacy of whatever choice is freely exercised by a majority of the
people of Northern Ireland with regard to its status, whether they prefer to
continue to support the Union with Great Britain or a sovereign united
Ireland;
(ii) recognise that it is for the people of the island of Ireland
alone, by agreement between the two parts respectively and without external
impediment, to exercise their right of self-determination on the basis of
consent, freely and concurrently given, North and South, to bring about a
united Ireland, if that is their wish, accepting that this right must be
achieved and exercised with and subject to the agreement and consent of a
majority of the people of Northern Ireland;
(iii) acknowledge
that while a substantial section of the people in Northern Ireland share the
legitimate wish of a majority of the people of the island of Ireland for a
united Ireland, the present wish of a majority of the people of Northern
Ireland, freely exercised and legitimate, is to maintain the Union and,
accordingly, that Northern Ireland's status as part of the United Kingdom
reflects and relies upon that wish; and that it would be wrong to make any
change in the status of Northern Ireland save with the consent of a majority
of its people;
(iv) affirm that if, in the future, the people
of the island of Ireland exercise their right of self-determination on the
basis set out in sections (i) and (ii) above to bring about a united
Ireland, it will be a binding obligation on both Governments to introduce
and support in their respective Parliaments legislation to give effect to
that wish;
(v) affirm that whatever choice is freely exercised
by a majority of the people of Northern Ireland, the power of the sovereign
government with jurisdiction there shall be exercised with rigorous
impartiality on behalf of all the people in the diversity of their
identities and traditions and shall be founded on the principles of full
respect for, and equality of, civil, political, social and cultural rights,
of freedom from discrimination for all citizens, and of parity of esteem and
of just and equal treatment for the identity, ethos, and aspirations of both
communities;
(vi) recognise the birthright of all the people
of Northern Ireland to identify themselves and be accepted as Irish or
British, or both, as they may so choose, and accordingly confirm that their
right to hold both British and Irish citizenship is accepted by both
Governments and would not be affected by any future change in the status of
Northern Ireland.
2. The participants also note that the two
Governments have accordingly undertaken in the context of this comprehensive
political agreement, to propose and support changes in, respectively, the
Constitution of Ireland and in British legislation relating to the
constitutional status of Northern Ireland.
ANNEX A:
DRAFT CLAUSES/SCHEDULES FOR INCORPORATION IN BRITISH LEGISLATION
1. (1)
It is hereby declared that Northern Ireland in its entirety remains part
of the United Kingdom and shall not cease to be so without the consent of a
majority of the people of Northern Ireland voting in a poll held for the
purposes of this section in accordance with Schedule 1.
(2)
But if the wish expressed by a majority in such a poll is that Northern
Ireland should cease to be part of the United Kingdom and form part of a
united Ireland, the Secretary of State shall lay before Parliament such
proposals to give effect to that wish as may be agreed between Her Majesty's
Government in the United Kingdom and the Government of Ireland.
2.
The Government of Ireland Act 1920 is repealed; and this Act shall have
effect notwithstanding any other previous enactment.
SCHEDULE 1 POLLS FOR THE PURPOSE OF SECTION 1
1. The Secretary of State may by order direct the holding of a
poll for the purposes of section 1 on a date specified in the order.
2. Subject to paragraph 3, the Secretary of State shall exercise the
power under paragraph 1 if at any time it appears likely to him that a
majority of those voting would express a wish that Northern Ireland should
cease to be part of the United Kingdom and form part of a united Ireland.
3. The Secretary of State shall not make an order under paragraph 1
earlier than seven years after the holding of a previous poll under this
Schedule.
4.
(Remaining paragraphs along the lines of paragraphs 2 and 3 of existing
Schedule 1 to 1973 Act.)
ANNEX B:
IRISH GOVERNMENT DRAFT LEGISLATION TO AMEND THE CONSTITUTION
Add
to Article 29 the following sections:
7. The State may consent to be bound by the British-Irish
Agreement done at Belfast on the day of 1998, hereinafter called the
Agreement.
Any institution established by or under the Agreement may
exercise the powers and functions thereby conferred on it in respect of all
or any part of the island of Ireland notwithstanding any other provision of
this Constitution conferring a like power or function on any person or any
organ of State appointed under or created or established by or under this
Constitution. Any power or function conferred on such an institution in
relation to the settlement or resolution of disputes or controversies may be
in addition to or in substitution for any like power or function conferred
by this Constitution on any such person or organ of State as aforesaid.
If the Government declare that the State has become obliged, pursuant to the
Agreement, to give effect to the amendment of this Constitution referred to
therein, then, notwithstanding Article 46 hereof, this Constitution shall be
amended as follows:
i. the following Articles shall be substituted for Articles 2
and 3 of the Irish text: "2. [Irish text to be inserted here] 3.
[Irish text to be inserted here]"
ii. the following Articles shall be substituted for Articles 2
and 3 of the English text:
"Article 2
It is the entitlement
and birthright of every person born in the island of Ireland, which includes
its islands and seas, to be part of the Irish nation. That is also the
entitlement of all persons otherwise qualified in accordance with law to be
citizens of Ireland. Furthermore, the Irish nation cherishes its special
affinity with people of Irish ancestry living abroad who share its cultural
identity and heritage.
Article 3
1. It is the firm will of the Irish nation, in harmony and
friendship, to unite all the people who share the territory of the island of
Ireland, in all the diversity of their identities and traditions,
recognising that a united Ireland shall be brought about only by peaceful
means with the consent of a majority of the people, democratically
expressed, in both jurisdictions in the island. Until then, the laws enacted
by the Parliament established by this Constitution shall have the like area
and extent of application as the laws enacted by the Parliament that existed
immediately before the coming into operation of this Constitution.
2. Institutions with executive powers and functions that are shared
between those jurisdictions may be established by their respective
responsible authorities for stated purposes and may exercise powers and
functions in respect of all or any part of the island."
iii. the
following section shall be added to the Irish text of this Article:
"8. [Irish text to be inserted here]" and iv. the following
section shall be added to the English text of this Article:
"8. The State may exercise extra-territorial jurisdiction in accordance
with the generally recognised principles of international law."
4.
If a declaration under this section is made, this subsection and subsection
3, other than the amendment of this Constitution effected thereby, and
subsection 5 of this section shall be omitted from every official text of
this Constitution published thereafter, but notwithstanding such omission
this section shall continue to have the force of law.
5. If
such a declaration is not made within twelve months of this section being
added to this Constitution or such longer period as may be provided for by
law, this section shall cease to have effect and shall be omitted from every
official text of this Constitution published thereafter.
STRAND ONE: DEMOCRATIC INSTITUTIONS IN NORTHERN IRELAND
1.
This agreement provides for a democratically elected Assembly in Northern
Ireland which is inclusive in its membership, capable of exercising
executive and legislative authority, and subject to safeguards to protect
the rights and interests of all sides of the community.
The Assembly
2. A 108-member Assembly will be elected by PR(STV) from existing
Westminster constituencies.
3. The Assembly will exercise full
legislative and executive authority in respect of those matters currently
within the responsibility of the six Northern Ireland Government
Departments, with the possibility of taking on responsibility for other
matters as detailed elsewhere in this agreement.
4. The
Assembly - operating where appropriate on a cross-community basis - will be
the prime source of authority in respect of all devolved responsibilities.
Safeguards
5. There will be safeguards to ensure that all
sections of the community can participate and work together successfully in
the operation of these institutions and that all sections of the community
are protected, including:
(a) allocations of Committee Chairs,
Ministers and Committee membership in proportion to party strengths;
(b) the European Convention on Human Rights (ECHR) and any Bill of
Rights for Northern Ireland supplementing it, which neither the Assembly nor
public bodies can infringe, together with a Human Rights Commission;
(c) arrangements to provide that key decisions and legislation are
proofed to ensure that they do not infringe the ECHR and any Bill of Rights
for Northern Ireland;
(d) arrangements to ensure key decisions are taken on a
cross-community basis;
(i) either parallel consent, i.e. a majority of those members
present and voting, including a majority of the unionist and nationalist
designations present and voting;
(ii) or a weighted majority (60%) of members present and voting,
including at least 40% of each of the nationalist and unionist designations
present and voting. Key decisions requiring cross-community support will
be designated in advance, including election of the Chair of the Assembly,
the First Minister and Deputy First Minister, standing orders and budget
allocations. In other cases such decisions could be triggered by a petition
of concern brought by a significant minority of Assembly members (30/108).
(e) an Equality Commission to monitor a statutory obligation to
promote equality of opportunity in specified areas and parity of esteem
between the two main communities, and to investigate individual complaints
against public bodies.
Operation of the Assembly
6. At their first meeting, members of the Assembly will register
a designation of identity - nationalist, unionist or other - for the
purposes of measuring cross-community support in Assembly votes under the
relevant provisions above.
7. The Chair and Deputy Chair of
the Assembly will be elected on a cross-community basis, as set out in
paragraph 5(d) above.
8. There will be a Committee for each of
the main executive functions of the Northern Ireland Administration. The
Chairs and Deputy Chairs of the Assembly Committees will be allocated
proportionally, using the d'Hondt system. Membership of the Committees will
be in broad proportion to party strengths in the Assembly to ensure that the
opportunity of Committee places is available to all members.
9.
The Committees will have a scrutiny, policy development and consultation
role with respect to the Department with which each is associated, and will
have a role in initiation of legislation. They will have the power to:
consider and advise on Departmental budgets and Annual Plans in the context
of the overall budget allocation; approve relevant secondary legislation
and take the Committee stage of relevant primary legislation; call for
persons and papers; initiate enquiries and make reports; consider and
advise on matters brought to the Committee by its Minister.
10. Standing Committees other than Departmental Committees may be
established as may be required from time to time.
11. The
Assembly may appoint a special Committee to examine and report on whether a
measure or proposal for legislation is in conformity with equality
requirements, including the ECHR/Bill of Rights. The Committee shall have
the power to call people and papers to assist in its consideration of the
matter. The Assembly shall then consider the report of the Committee and can
determine the matter in accordance with the cross-community consent
procedure.
12. The above special procedure shall be followed
when requested by the Executive Committee, or by the relevant Departmental
Committee, voting on a cross-community basis.
13. When there is a petition of concern as in 5(d) above, the
Assembly shall vote to determine whether the measure may proceed without
reference to this special procedure. If this fails to achieve support on a
cross-community basis, as in 5(d)(i) above, the special procedure shall be
followed.
Executive Authority
14.
Executive authority to be discharged on behalf of the Assembly by a
First Minister and Deputy First Minister and up to ten Ministers with
Departmental responsibilities.
15. The First Minister and
Deputy First Minister shall be jointly elected into office by the Assembly
voting on a cross-community basis, according to 5(d)(i) above.
16. Following the election of the First Minister and Deputy
First Minister, the posts of Ministers will be allocated to parties on the
basis of the d'Hondt system by reference to the number of seats each party
has in the Assembly.
17.
The Ministers will constitute an Executive Committee, which will be
convened, and presided over, by the First Minister and Deputy First
Minister.
18.
The duties of the First Minister and Deputy First Minister will include,
inter alia, dealing with and co-ordinating the work of the Executive
Committee and the response of the Northern Ireland administration to
external relationships.
19.
The Executive Committee will provide a forum for the discussion of, and
agreement on, issues which cut across the responsibilities of two or more
Ministers, for prioritising executive and legislative proposals and for
recommending a common position where necessary (e.g. in dealing with
external relationships).
20. The Executive Committee will seek
to agree each year, and review as necessary, a programme incorporating an
agreed budget linked to policies and programmes, subject to approval by the
Assembly, after scrutiny in Assembly Committees, on a cross-community basis.
21. A party may decline the opportunity to nominate a person to serve as
a Minister or may subsequently change its nominee.
22. All the
Northern Ireland Departments will be headed by a Minister. All Ministers
will liaise regularly with their respective Committee.
23.
As a condition of appointment, Ministers, including the First Minister
and Deputy First Minister, will affirm the terms of a Pledge of Office
(Annex A) undertaking to discharge effectively and in good faith all the
responsibilities attaching to their office.
24. Ministers will
have full executive authority in their respective areas of responsibility,
within any broad programme agreed by the Executive Committee and endorsed by
the Assembly as a whole.
25. An individual may be removed from
office following a decision of the Assembly taken on a cross-community
basis, if (s)he loses the confidence of the Assembly, voting on a
cross-community basis, for failure to meet his or her responsibilities
including, inter alia, those set out in the Pledge of Office. Those who hold
office should use only democratic, non-violent means, and those who do not
should be excluded or removed from office under these provisions.
Legislation
26. The Assembly will have authority to pass
primary legislation for Northern Ireland in devolved areas, subject to:
(a) the ECHR and any Bill of Rights for Northern Ireland supplementing
it which, if the courts found to be breached, would render the relevant
legislation null and void;
(b) decisions by simple majority of members voting, except when
decision on a cross-community basis is required;
(c) detailed
scrutiny and approval in the relevant Departmental Committee;
(d) mechanisms, based on arrangements proposed for the Scottish
Parliament, to ensure suitable co-ordination, and avoid disputes, between
the Assembly and the Westminster Parliament;
(e) option of the
Assembly seeking to include Northern Ireland provisions in United
Kingdom-wide legislation in the Westminster Parliament, especially on
devolved issues where parity is normally maintained (e.g. social security,
company law).
27. The Assembly will have authority to legislate in reserved areas
with the approval of the Secretary of State and subject to Parliamentary
control.
28. Disputes over legislative competence will be decided by the
Courts.
29. Legislation could be initiated by an individual, a Committee
or a Minister.
Relations with other institutions
30. Arrangements to
represent the Assembly as a whole, at Summit level and in dealings with
other institutions, will be in accordance with paragraph 18, and will be
such as to ensure cross-community involvement.
31. Terms will
be agreed between appropriate Assembly representatives and the Government of
the United Kingdom to ensure effective co-ordination and input by Ministers
to national policy-making, including on EU issues.
32. Role of
Secretary of State:
(a) to remain responsible for NIO matters not devolved to the
Assembly, subject to regular consultation with the Assembly and Ministers;
(b) to approve and lay before the Westminster Parliament any Assembly
legislation on reserved matters;
(c) to represent Northern
Ireland interests in the United Kingdom Cabinet;
(d) to have the right to attend the Assembly at their invitation.
33. The Westminster Parliament (whose power to make legislation
for Northern Ireland would remain unaffected) will:
(a)
legislate for non-devolved issues, other than where the Assembly legislates
with the approval of the Secretary of State and subject to the control of
Parliament;
(b) to legislate as necessary to ensure the United Kingdom's
international obligations are met in respect of Northern Ireland;
(c) scrutinise, including through the Northern Ireland Grand and Select
Committees, the responsibilities of the Secretary of State.
34.
A consultative Civic Forum will be established. It will comprise
representatives of the business, trade union and voluntary sectors, and such
other sectors as agreed by the First Minister and the Deputy First Minister.
It will act as a consultative mechanism on social, economic and cultural
issues. The First Minister and the Deputy First Minister will by agreement
provide administrative support for the Civic Forum and establish guidelines
for the selection of representatives to the Civic Forum.
Transitional Arrangements
35. The Assembly will meet first
for the purpose of organisation, without legislative or executive powers, to
resolve its standing orders and working practices and make preparations for
the effective functioning of the Assembly, the British-Irish Council and the
North/South Ministerial Council and associated implementation bodies. In
this transitional period, those members of the Assembly serving as shadow
Ministers shall affirm their commitment to non-violence and exclusively
peaceful and democratic means and their opposition to any use or threat of
force by others for any political purpose; to work in good faith to bring
the new arrangements into being; and to observe the spirit of the Pledge of
Office applying to appointed Ministers.
Review
36.
After a specified period there will be a review of these arrangements,
including the details of electoral arrangements and of the Assembly's
procedures, with a view to agreeing any adjustments necessary in the
interests of efficiency and fairness.
Annex A
Pledge of Office
To pledge:
(a) to discharge in
good faith all the duties of office;
(b) commitment to non-violence and exclusively peaceful and
democratic means;
(c) to serve all the people of Northern Ireland equally, and to
act in accordance with the general obligations on government to promote
equality and prevent discrimination;
(d) to participate with colleagues in the preparation of a
programme for government;
(e) to operate within the framework
of that programme when agreed within the Executive Committee and endorsed by
the Assembly;
(f) to support, and to act in accordance with,
all decisions of the Executive Committee and Assembly;
(g) to
comply with the Ministerial Code of Conduct.
CODE OF CONDUCT
Ministers must at all times:
observe the highest standards of propriety and regularity involving
impartiality, integrity and objectivity in relationship to the stewardship
of public funds;
be accountable to users of services, the community and, through the
Assembly, for the activities within their responsibilities, their
stewardship of public funds and the extent to which key performance targets
and objectives have been met;
ensure all reasonable requests for
information from the Assembly, users of services and individual citizens are
complied with; and that Departments and their staff conduct their dealings
with the public in an open and responsible way;
follow the seven
principles of public life set out by the Committee on Standards in Public
Life;
comply with this code and with rules relating to the use of
public funds;
operate in a way conducive to promoting good community relations and
equality of treatment;
not use information gained in the course of
their service for personal gain; nor seek to use the opportunity of public
service to promote their private interests;
ensure they comply with any rules on the acceptance of gifts and
hospitality that might be offered;
declare any personal or business
interests which may conflict with their responsibilities. The Assembly will
retain a Register of Interests. Individuals must ensure that any direct or
indirect pecuniary interests which members of the public might reasonably
think could influence their judgement are listed in the Register of
Interests.
STRAND TWO: NORTH/SOUTH MINISTERIAL COUNCIL
1. Under a
new British/Irish Agreement dealing with the totality of relationships, and
related legislation at Westminster and in the Oireachtas, a North/South
Ministerial Council to be established to bring together those with executive
responsibilities in Northern Ireland and the Irish Government, to develop
consultation, co-operation and action within the island of Ireland -
including through implementation on an all-island and cross-border basis -
on matters of mutual interest within the competence of the Administrations,
North and South.
2. All Council decisions to be by agreement
between the two sides. Northern Ireland to be represented by the First
Minister, Deputy First Minister and any relevant Ministers, the Irish
Government by the Taoiseach and relevant Ministers, all operating in
accordance with the rules for democratic authority and accountability in
force in the Northern Ireland Assembly and the Oireachtas respectively.
Participation in the Council to be one of the essential responsibilities
attaching to relevant posts in the two Administrations. If a holder of a
relevant post will not participate normally in the Council, the Taoiseach in
the case of the Irish Government and the First and Deputy First Minister in
the case of the Northern Ireland Administration to be able to make
alternative arrangements.
3. The Council to meet in different formats:
(i) in
plenary format twice a year, with Northern Ireland representation led by the
First Minister and Deputy First Minister and the Irish Government led by the
Taoiseach;
(ii) in specific sectoral formats on a regular and frequent basis
with each side represented by the appropriate Minister;
(iii)
in an appropriate format to consider institutional or cross-sectoral matters
(including in relation to the EU) and to resolve disagreement.
4.
Agendas for all meetings to be settled by prior agreement between the two
sides, but it will be open to either to propose any matter for consideration
or action.
5. The Council:
(i) to exchange information,
discuss and consult with a view to co-operating on matters of mutual
interest within the competence of both Administrations, North and South;
(ii) to use best endeavours to reach agreement on the adoption of
common policies, in areas where there is a mutual cross-border and
all-island benefit, and which are within the competence of both
Administrations, North and South, making determined efforts to overcome any
disagreements;
(iii) to take decisions by agreement on
policies for implementation separately in each jurisdiction, in relevant
meaningful areas within the competence of both Administrations, North and
South;
(iv) to take decisions by agreement on policies and
action at an all-island and cross-border level to be implemented by the
bodies to be established as set out in paragraphs 8 and 9 below.
6. Each side to be in a position to take decisions in the Council within
the defined authority of those attending, through the arrangements in place
for co-ordination of executive functions within each jurisdiction. Each side
to remain accountable to the Assembly and Oireachtas respectively, whose
approval, through the arrangements in place on either side, would be
required for decisions beyond the defined authority of those attending.
7. As soon as practically possible after elections to the Northern
Ireland Assembly, inaugural meetings will take place of the Assembly, the
British/Irish Council and the North/South Ministerial Council in their
transitional forms. All three institutions will meet regularly and
frequently on this basis during the period between the elections to the
Assembly, and the transfer of powers to the Assembly, in order to establish
their modus operandi.
8. During the transitional period
between the elections to the Northern Ireland Assembly and the transfer of
power to it, representatives of the Northern Ireland transitional
Administration and the Irish Government operating in the North/South
Ministerial Council will undertake a work programme, in consultation with
the British Government, covering at least 12 subject areas, with a view to
identifying and agreeing by 31 October 1998 areas where co-operation and
implementation for mutual benefit will take place. Such areas may include
matters in the list set out in the Annex.
9. As part of the work programme, the Council will identify and agree
at least 6 matters for co-operation and implementation in each of the
following categories:
(i) Matters where existing bodies will be the appropriate
mechanisms for co-operation in each separate jurisdiction;
(ii)
Matters where the co-operation will take place through agreed implementation
bodies on a cross-border or all-island level.
10. The two
Governments will make necessary legislative and other enabling preparations
to ensure, as an absolute commitment, that these bodies, which have been
agreed as a result of the work programme, function at the time of the
inception of the British-Irish Agreement and the transfer of powers, with
legislative authority for these bodies transferred to the Assembly as soon
as possible thereafter. Other arrangements for the agreed co-operation will
also commence contemporaneously with the transfer of powers to the Assembly.
11. The implementation bodies will have a clear operational remit. They
will implement on an all-island and cross-border basis policies agreed in
the Council.
12. Any further development of these arrangements to be by
agreement in the Council and with the specific endorsement of the Northern
Ireland Assembly and Oireachtas, subject to the extent of the competences
and responsibility of the two Administrations.
13. It is understood that the North/South Ministerial Council and
the Northern Ireland Assembly are mutually inter-dependent, and that one
cannot successfully function without the other.
14.
Disagreements within the Council to be addressed in the format described at
paragraph 3(iii) above or in the plenary format. By agreement between the
two sides, experts could be appointed to consider a particular matter and
report.
15. Funding to be provided by the two Administrations on the basis
that the Council and the implementation bodies constitute a necessary public
function.
16.
The Council to be supported by a standing joint Secretariat, staffed by
members of the Northern Ireland Civil Service and the Irish Civil Service.
17.
The Council to consider the European Union dimension of relevant
matters, including the implementation of EU policies and programmes and
proposals under consideration in the EU framework. Arrangements to be made
to ensure that the views of the Council are taken into account and
represented appropriately at relevant EU meetings.
18. The Northern Ireland Assembly and the Oireachtas to consider
developing a joint parliamentary forum, bringing together equal numbers from
both institutions for discussion of matters of mutual interest and concern.
19. Consideration to be given to the establishment of an independent
consultative forum appointed by the two Administrations, representative of
civil society, comprising the social partners and other members with
expertise in social, cultural, economic and other issues.
ANNEX
Areas for North-South co-operation and implementation may include the
following:
1. Agriculture - animal and plant health.
2.
Education - teacher qualifications and exchanges.
3. Transport - strategic transport planning.
4.
Environment - environmental protection, pollution, water quality, and waste
management.
5. Waterways - inland waterways.
6.
Social Security/Social Welfare - entitlements of cross-border workers and
fraud control.
7. Tourism - promotion, marketing, research,
and product development.
8. Relevant EU Programmes such as SPPR, INTERREG, Leader II and
their successors.
9. Inland Fisheries.
10. Aquaculture and marine
matters
11. Health: accident and emergency services and other related
cross-border issues.
12. Urban and rural development.
Others to be considered
by the shadow North/ South Council.
STRAND THREE
BRITISH-IRISH COUNCIL
1. A British-Irish Council (BIC) will be established under a new
British-Irish Agreement to promote the harmonious and mutually beneficial
development of the totality of relationships among the peoples of these
islands.
2. Membership of the BIC will comprise
representatives of the British and Irish Governments, devolved institutions
in Northern Ireland, Scotland and Wales, when established, and, if
appropriate, elsewhere in the United Kingdom, together with representatives
of the Isle of Man and the Channel Islands.
3. The BIC will
meet in different formats: at summit level, twice per year; in specific
sectoral formats on a regular basis, with each side represented by the
appropriate Minister; in an appropriate format to consider cross-sectoral
matters.
4. Representatives of members will operate in accordance with
whatever procedures for democratic authority and accountability are in force
in their respective elected institutions.
5. The BIC will
exchange information, discuss, consult and use best endeavours to reach
agreement on co-operation on matters of mutual interest within the
competence of the relevant Administrations. Suitable issues for early
discussion in the BIC could include transport links, agricultural issues,
environmental issues, cultural issues, health issues, education issues and
approaches to EU issues. Suitable arrangements to be made for practical
co-operation on agreed policies.
6. It will be open to the BIC
to agree common policies or common actions. Individual members may opt not
to participate in such common policies and common action.
7. The BIC normally will operate by consensus. In relation to
decisions on common policies or common actions, including their means of
implementation, it will operate by agreement of all members participating in
such policies or actions.
8.
The members of the BIC, on a basis to be agreed between them, will
provide such financial support as it may require.
9. A
secretariat for the BIC will be provided by the British and Irish
Governments in co-ordination with officials of each of the other members.
10. In addition to the structures provided for under this agreement, it
will be open to two or more members to develop bilateral or multilateral
arrangements between them. Such arrangements could include, subject to the
agreement of the members concerned, mechanisms to enable consultation,
co-operation and joint decision-making on matters of mutual interest; and
mechanisms to implement any joint decisions they may reach. These
arrangements will not require the prior approval of the BIC as a whole and
will operate independently of it.
11. The elected
institutions of the members will be encouraged to develop interparliamentary
links, perhaps building on the British-Irish Interparliamentary Body.
12. The full membership of the BIC will keep under review the
workings of the Council, including a formal published review at an
appropriate time after the Agreement comes into effect, and will contribute
as appropriate to any review of the overall political agreement arising from
the multi-party negotiations.
BRITISH-IRISH
INTERGOVERNMENTAL CONFERENCE
1. There will be a new
British-Irish Agreement dealing with the totality of relationships. It will
establish a standing British-Irish Intergovernmental Conference, which will
subsume both the Anglo-Irish Intergovernmental Council and the
Intergovernmental Conference established under the 1985 Agreement.
2.
The Conference will bring together the British and Irish Governments to
promote bilateral co-operation at all levels on all matters of mutual
interest within the competence of both Governments.
3. The
Conference will meet as required at Summit level (Prime Minister and
Taoiseach). Otherwise, Governments will be represented by appropriate
Ministers. Advisers, including police and security advisers, will attend as
appropriate.
4.
All decisions will be by agreement between both Governments. The
Governments will make determined efforts to resolve disagreements between
them. There will be no derogation from the sovereignty of either Government.
5. In recognition of the Irish Government's special interest in Northern
Ireland and of the extent to which issues of mutual concern arise in
relation to Northern Ireland, there will be regular and frequent meetings of
the Conference concerned with non-devolved Northern Ireland matters, on
which the Irish Government may put forward views and proposals. These
meetings, to be co-chaired by the Minister for Foreign Affairs and the
Secretary of State for Northern Ireland, would also deal with all-island and
cross-border co-operation on non-devolved issues.
6.
Co-operation within the framework of the Conference will include
facilitation of co-operation in security matters. The Conference also will
address, in particular, the areas of rights, justice, prisons and policing
in Northern Ireland (unless and until responsibility is devolved to a
Northern Ireland administration) and will intensify co-operation between the
two Governments on the all-island or cross-border aspects of these matters.
7. Relevant executive members of the Northern Ireland Administration
will be involved in meetings of the Conference, and in the reviews referred
to in paragraph 9 below to discuss non-devolved Northern Ireland matters.
8. The Conference will be supported by officials of the British and
Irish Governments, including by a standing joint Secretariat of officials
dealing with non-devolved Northern Ireland matters.
9. The
Conference will keep under review the workings of the new British-Irish
Agreement and the machinery and institutions established under it, including
a formal published review three years after the Agreement comes into effect.
Representatives of the Northern Ireland Administration will be invited to
express views to the Conference in this context. The Conference will
contribute as appropriate to any review of the overall political agreement
arising from the multi-party negotiations but will have no power to override
the democratic arrangements set up by this Agreement.
RIGHTS, SAFEGUARDS AND
EQUALITY OF OPPORTUNITY
Human Rights
1. The parties affirm their
commitment to the mutual respect, the civil rights and the religious
liberties of everyone in the community. Against the background of the recent
history of communal conflict, the parties affirm in particular:
- the right of free political thought;
- the right to freedom and expression of
religion;
- the right to pursue democratically
national and political aspirations;
- the right to seek constitutional change
by peaceful and legitimate means;
- the right to freely choose one's place
of residence;
- the right to equal opportunity in all
social and economic activity, regardless of class, creed, disability,
gender or ethnicity;
- the right to freedom from sectarian
harassment; and
- the right of women to full and equal
political participation.
United Kingdom
Legislation
2. The British Government will
complete incorporation into Northern Ireland law of the European Convention
on Human Rights (ECHR), with direct access to the courts, and remedies for
breach of the Convention, including power for the courts to overrule
Assembly legislation on grounds of inconsistency.
3. Subject
to the outcome of public consultation underway, the British Government
intends, as a particular priority, to create a statutory obligation on
public authorities in Northern Ireland to carry out all their functions with
due regard to the need to promote equality of opportunity in relation to
religion and political opinion; gender; race; disability; age; marital
status; dependants; and sexual orientation. Public bodies would be required
to draw up statutory schemes showing how they would implement this
obligation. Such schemes would cover arrangements for policy appraisal,
including an assessment of impact on relevant categories, public
consultation, public access to information and services, monitoring and
timetables.
4. The new Northern Ireland Human Rights
Commission (see paragraph 5 below) will be invited to consult and to advise
on the scope for defining, in Westminster legislation, rights supplementary
to those in the European Convention on Human Rights, to reflect the
particular circumstances of Northern Ireland, drawing as appropriate on
international instruments and experience. These additional rights to reflect
the principles of mutual respect for the identity and ethos of both
communities and parity of esteem, and - taken together with the ECHR - to
constitute a Bill of Rights for Northern Ireland. Among the issues for
consideration by the Commission will be:
- the formulation of a general obligation
on government and public bodies fully to respect, on the basis of
equality of treatment, the identity and ethos of both communities in
Northern Ireland; and
- a clear formulation of the rights not
to be discriminated against and to equality of opportunity in both the
public and private sectors.
New
Institutions in Northern Ireland
5. A new
Northern Ireland Human Rights Commission, with membership from Northern
Ireland reflecting the community balance, will be established by Westminster
legislation, independent of Government, with an extended and enhanced role
beyond that currently exercised by the Standing Advisory Commission on Human
Rights, to include keeping under review the adequacy and effectiveness of
laws and practices, making recommendations to Government as necessary;
providing information and promoting awareness of human rights; considering
draft legislation referred to them by the new Assembly; and, in appropriate
cases, bringing court proceedings or providing assistance to individuals
doing so.
6. Subject to the outcome of public consultation currently
underway, the British Government intends a new statutory Equality Commission
to replace the Fair Employment Commission, the Equal Opportunities
Commission (NI), the Commission for Racial Equality (NI) and the Disability
Council. Such a unified Commission will advise on, validate and monitor the
statutory obligation and will investigate complaints of default.
7. It would be open to a new Northern Ireland Assembly to
consider bringing together its responsibilities for these matters into a
dedicated Department of Equality.
8. These improvements will build on existing protections in
Westminster legislation in respect of the judiciary, the system of justice
and policing.
Comparable Steps by the Irish Government
9.
The Irish Government will also take steps to further strengthen the
protection of human rights in its jurisdiction. The Government will, taking
account of the work of the All-Party Oireachtas Committee on the
Constitution and the Report of the Constitution Review Group, bring forward
measures to strengthen and underpin the constitutional protection of human
rights. These proposals will draw on the European Convention on Human Rights
and other international legal instruments in the field of human rights and
the question of the incorporation of the ECHR will be further examined in
this context. The measures brought forward would ensure at least an
equivalent level of protection of human rights as will pertain in Northern
Ireland. In addition, the Irish Government will:
- establish a Human Rights Commission
with a mandate and remit equivalent to that within Northern Ireland;
- proceed with arrangements as quickly as
possible to ratify the Council of Europe Framework Convention on
National Minorities (already ratified by the UK);
- implement enhanced employment equality
legislation;
- introduce equal status legislation; and
- continue to take further active steps
to demonstrate its respect for the different traditions in the island of
Ireland.
A Joint Committee
10. It is envisaged that there would be a joint committee of
representatives of the two Human Rights Commissions, North and South, as a
forum for consideration of human rights issues in the island of Ireland. The
joint committee will consider, among other matters, the possibility of
establishing a charter, open to signature by all democratic political
parties, reflecting and endorsing agreed measures for the protection of the
fundamental rights of everyone living in the island of Ireland.
Reconciliation and Victims of Violence
11. The
participants believe that it is essential to acknowledge and address the
suffering of the victims of violence as a necessary element of
reconciliation. They look forward to the results of the work of the Northern
Ireland Victims Commission.
12. It is recognised that victims have a right to remember as
well as to contribute to a changed society. The achievement of a peaceful
and just society would be the true memorial to the victims of violence. The
participants particularly recognise that young people from areas affected by
the troubles face particular difficulties and will support the development
of special community-based initiatives based on international best practice.
The provision of services that are supportive and sensitive to the needs of
victims will also be a critical element and that support will need to be
channelled through both statutory and community-based voluntary
organisations facilitating locally-based self-help and support networks.
This will require the allocation of sufficient resources, including
statutory funding as necessary, to meet the needs of victims and to provide
for community-based support programmes.
13. The participants
recognise and value the work being done by many organisations to develop
reconciliation and mutual understanding and respect between and within
communities and traditions, in Northern Ireland and between North and South,
and they see such work as having a vital role in consolidating peace and
political agreement. Accordingly, they pledge their continuing support to
such organisations and will positively examine the case for enhanced
financial assistance for the work of reconciliation. An essential aspect of
the reconciliation process is the promotion of a culture of tolerance at
every level of society, including initiatives to facilitate and encourage
integrated education and mixed housing.
Economic, Social and Cultural Issues
1. Pending
the devolution of powers to a new Northern Ireland Assembly, the British
Government will pursue broad policies for sustained economic growth and
stability in Northern Ireland and for promoting social inclusion, including
in particular community development and the advancement of women in public
life.
2. Subject to the public consultation currently under
way, the British Government will make rapid progress with:
(i)
a new regional development strategy for Northern Ireland, for consideration
in due course by a the Assembly, tackling the problems of a divided society
and social cohesion in urban, rural and border areas, protecting and
enhancing the environment, producing new approaches to transport issues,
strengthening the physical infrastructure of the region, developing the
advantages and resources of rural areas and rejuvenating major urban
centres;
(ii) a new economic development strategy for Northern
Ireland, for consideration in due course by a the Assembly, which would
provide for short and medium term economic planning linked as appropriate to
the regional development strategy; and
(iii) measures on employment equality included in the recent White
Paper ("Partnership for Equality") and covering the extension and
strengthening of anti-discrimination legislation, a review of the national
security aspects of the present fair employment legislation at the earliest
possible time, a new more focused Targeting Social Need initiative and a
range of measures aimed at combating unemployment and progressively
eliminating the differential in unemployment rates between the two
communities by targeting objective need.
3. All participants
recognise the importance of respect, understanding and tolerance in relation
to linguistic diversity, including in Northern Ireland, the Irish language,
Ulster-Scots and the languages of the various ethnic communities, all of
which are part of the cultural wealth of the island of Ireland.
4.
In the context of active consideration currently being given to the UK
signing the Council of Europe Charter for Regional or Minority Languages,
the British Government will in particular in relation to the Irish language,
where appropriate and where people so desire it:
- take resolute action to promote the
language;
- facilitate and encourage the use of the
language in speech and writing in public and private life where there is
appropriate demand;
- seek to remove, where possible,
restrictions which would discourage or work against the maintenance or
development of the language;
- make provision for liaising with the
Irish language community, representing their views to public authorities
and investigating complaints;
- place a statutory duty on the
Department of Education to encourage and facilitate Irish medium
education in line with current provision for integrated education;
- explore urgently with the relevant
British authorities, and in co-operation with the Irish broadcasting
authorities, the scope for achieving more widespread availability of
Teilifis na Gaeilige in Northern Ireland;
- seek more effective ways to encourage
and provide financial support for Irish language film and television
production in Northern Ireland; and
- encourage the parties to secure
agreement that this commitment will be sustained by a new Assembly in a
way which takes account of the desires and sensitivities of the
community.
5. All participants acknowledge the
sensitivity of the use of symbols and emblems for public purposes, and the
need in particular in creating the new institutions to ensure that such
symbols and emblems are used in a manner which promotes mutual respect
rather than division. Arrangements will be made to monitor this issue and
consider what action might be required.
DECOMMISSIONING
1. Participants recall their agreement in the Procedural Motion
adopted on 24 September 1997 "that the resolution of the decommissioning
issue is an indispensable part of the process of negotiation", and also
recall the provisions of paragraph 25 of Strand 1 above.
2.
They note the progress made by the Independent International Commission on
Decommissioning and the Governments in developing schemes which can
represent a workable basis for achieving the decommissioning of
illegally-held arms in the possession of paramilitary groups.
3.
All participants accordingly reaffirm their commitment to the total
disarmament of all paramilitary organisations. They also confirm their
intention to continue to work constructively and in good faith with the
Independent Commission, and to use any influence they may have, to achieve
the decommissioning of all paramilitary arms within two years following
endorsement in referendums North and South of the agreement and in the
context of the implementation of the overall settlement.
4.
The Independent Commission will monitor, review and verify progress on
decommissioning of illegal arms, and will report to both Governments at
regular intervals.
5. Both Governments will take all necessary steps to facilitate
the decommissioning process to include bringing the relevant schemes into
force by the end of June.
SECURITY
1.
The participants note that the development of a peaceful environment on
the basis of this agreement can and should mean a normalisation of security
arrangements and practices.
2. The British Government will
make progress towards the objective of as early a return as possible to
normal security arrangements in Northern Ireland, consistent with the level
of threat and with a published overall strategy, dealing with:
(i) the reduction of the numbers and role of the Armed Forces
deployed in Northern Ireland to levels compatible with a normal peaceful
society;
(ii) the removal of security installations;
(iii) the removal of emergency powers in Northern Ireland; and
(iv) other measures appropriate to and compatible with a normal
peaceful society.
3. The Secretary of State will consult regularly on progress, and
the response to any continuing paramilitary activity, with the Irish
Government and the political parties, as appropriate.
4. The
British Government will continue its consultation on firearms regulation and
control on the basis of the document published on 2 April 1998.
5.
The Irish Government will initiate a wide-ranging review of the Offences
Against the State Acts 1939-85 with a view to both reform and dispensing
with those elements no longer required as circumstances permit.
POLICING AND JUSTICE
1. The participants recognise that policing is a central issue in
any society. They equally recognise that Northern Ireland's history of deep
divisions has made it highly emotive, with great hurt suffered and
sacrifices made by many individuals and their families, including those in
the RUC and other public servants. They believe that the agreement provides
the opportunity for a new beginning to policing in Northern Ireland with a
police service capable of attracting and sustaining support from the
community as a whole. They also believe that this agreement offers a unique
opportunity to bring about a new political dispensation which will recognise
the full and equal legitimacy and worth of the identities, senses of
allegiance and ethos of all sections of the community in Northern Ireland.
They consider that this opportunity should inform and underpin the
development of a police service representative in terms of the make-up of
the community as a whole and which, in a peaceful environment, should be
routinely unarmed.
2. The participants believe it essential that policing structures
and arrangements are such that the police service is professional, effective
and efficient, fair and impartial, free from partisan political control;
accountable, both under the law for its actions and to the community it
serves; representative of the society it polices, and operates within a
coherent and co-operative criminal justice system, which conforms with human
rights norms. The participants also believe that those structures and
arrangements must be capable of maintaining law and order including
responding effectively to crime and to any terrorist threat and to public
order problems. A police service which cannot do so will fail to win public
confidence and acceptance. They believe that any such structures and
arrangements should be capable of delivering a policing service, in
constructive and inclusive partnerships with the community at all levels,
and with the maximum delegation of authority and responsibility, consistent
with the foregoing principles. These arrangements should be based on
principles of protection of human rights and professional integrity and
should be unambiguously accepted and actively supported by the entire
community.
3. An independent Commission will be established to
make recommendations for future policing arrangements in Northern Ireland
including means of encouraging widespread community support for these
arrangements within the agreed framework of principles reflected in the
paragraphs above and in accordance with the terms of reference at Annex A.
The Commission will be broadly representative with expert and international
representation among its membership and will be asked to consult widely and
to report no later than Summer 1999.
4. The participants
believe that the aims of the criminal justice system are to:
- deliver a fair and impartial system of
justice to the community;
- be responsive to the community's
concerns, and encouraging community involvement where appropriate;
- have the confidence of all parts of the
community; and
- deliver justice efficiently and
effectively.
5. There will be a parallel
wide-ranging review of criminal justice (other than policing and those
aspects of the system relating to the emergency legislation) to be carried
out by the British Government through a mechanism with an independent
element, in consultation with the political parties and others. The review
will commence as soon as possible, will include wide consultation, and a
report will be made to the Secretary of State no later than Autumn 1999.
Terms of Reference are attached at Annex B.
6. Implementation
of the recommendations arising from both reviews will be discussed with the
political parties and with the Irish Government.
7.
The participants also note that the British Government remains ready in
principle, with the broad support of the political parties, and after
consultation, as appropriate, with the Irish Government, in the context of
ongoing implementation of the relevant recommendations, to devolve
responsibility for policing and justice issues.
ANNEX A: COMMISSION ON
POLICING FOR NORTHERN IRELAND
Terms of Reference
Taking account of the principles on policing as set out in the
agreement, the Commission will inquire into policing in Northern Ireland
and, on the basis of its findings, bring forward proposals for future
policing structures and arrangements, including means of encouraging
widespread community support for those arrangements.
Its proposals on
policing should be designed to ensure that policing arrangements, including
composition, recruitment, training, culture, ethos and symbols, are such
that in a new approach Northern Ireland has a police service that can enjoy
widespread support from, and is seen as an integral part of, the community
as a whole.
Its proposals should include recommendations covering any
issues such as re-training, job placement and educational and professional
development required in the transition to policing in a peaceful society.
Its proposals should also be designed to ensure that:
the police service is structured, managed and resourced so that it can
be effective in discharging its full range of functions (including proposals
on any necessary arrangements for the transition to policing in a normal
peaceful society);
the police service is delivered in constructive
and inclusive partnerships with the community at all levels with the maximum
delegation of authority and responsibility;
the legislative and constitutional framework requires the impartial
discharge of policing functions and conforms with internationally accepted
norms in relation to policing standards;
the police operate within a
clear framework of accountability to the law and the community they serve,
so:
- they are constrained by, accountable to
and act only within the law;
- their powers and procedures, like the
law they enforce, are clearly established and publicly available;
- there are open, accessible and
independent means of investigating and adjudicating upon complaints
against the police;
- there are clearly established
arrangements enabling local people, and their political representatives,
to articulate their views and concerns about policing and to establish
publicly policing priorities and influence policing policies, subject to
safeguards to ensure police impartiality and freedom from partisan
political control;
- there are arrangements for
accountability and for the effective, efficient and economic use of
resources in achieving policing objectives;
- there are means to ensure independent
professional scrutiny and inspection of the police service to ensure
that proper professional standards are maintained;
- the scope for structured co-operation
with the Garda Siochana and other police forces is addressed; and
- the management of public order events
which can impose exceptional demands on policing resources is also
addressed.
The Commission should focus on policing
issues, but if it identifies other aspects of the criminal justice system
relevant to its work on policing, including the role of the police in
prosecution, then it should draw the attention of the Government to those
matters.
The Commission should consult widely, including with non-governmental
expert organisations, and through such focus groups as they consider it
appropriate to establish.
The Government proposes to establish the Commission as soon as possible,
with the aim of it starting work as soon as possible and publishing its
final report by Summer 1999.
ANNEX B:REVIEW OF
THE CRIMINAL JUSTICE SYSTEM
Terms of Reference
Taking account of the aims of the criminal justice system as set out in
the Agreement, the review will address the structure, management and
resourcing of publicly funded elements of the criminal justice system and
will bring forward proposals for future criminal justice arrangements (other
than policing and those aspects of the system relating to emergency
legislation, which the Government is considering separately) covering such
issues as:
the arrangements for making appointments to the judiciary
and magistracy, and safeguards for protecting their independence;
the
arrangements for the organisation and supervision of the prosecution
process, and for safeguarding its independence;
measures to improve
the responsiveness and accountability of, and any lay participation in the
criminal justice system;
mechanisms for addressing law reform;
the scope for structured co-operation between the criminal justice
agencies on both parts of the island; and
the structure and
organisation of criminal justice functions that might be devolved to an
Assembly, including the possibility of establishing a Department of Justice,
while safeguarding the essential independence of many of the key functions
in this area.
The Government proposes to commence the review as soon as possible,
consulting with the political parties and others, including non-governmental
expert organisations. The review will be completed by Autumn 1999.
PRISONERS
1.
Both Governments will put in place mechanisms to provide for an accelerated
programme for the release of prisoners, including transferred prisoners,
convicted of scheduled offences in Northern Ireland or, in the case of those
sentenced outside Northern Ireland, similar offences (referred to hereafter
as qualifying prisoners). Any such arrangements will protect the rights of
individual prisoners under national and international law.
2.
Prisoners affiliated to organisations which have not established or are not
maintaining a complete and unequivocal ceasefire will not benefit from the
arrangements. The situation in this regard will be kept under review.
3. Both Governments will complete a review process within a fixed time
frame and set prospective release dates for all qualifying prisoners. The
review process would provide for the advance of the release dates of
qualifying prisoners while allowing account to be taken of the seriousness
of the offences for which the person was convicted and the need to protect
the community. In addition, the intention would be that should the
circumstances allow it, any qualifying prisoners who remained in custody two
years after the commencement of the scheme would be released at that point.
4. The Governments will seek to enact the appropriate legislation to
give effect to these arrangements by the end of June 1998.
5.
The Governments continue to recognise the importance of measures to
facilitate the reintegration of prisoners into the community by providing
support both prior to and after release, including assistance directed
towards availing of employment opportunities, re-training and/or
re-skilling, and further education.
VALIDATION,
IMPLEMENTATION AND REVIEW
Validation and
Implementation
1. The two Governments will as soon as possible sign a new
British-Irish Agreement replacing the 1985 Anglo-Irish Agreement, embodying
understandings on constitutional issues and affirming their solemn
commitment to support and, where appropriate, implement the agreement
reached by the participants in the negotiations which shall be annexed to
the British-Irish Agreement.
2. Each Government will organise
a referendum on 22 May 1998. Subject to Parliamentary approval, a
consultative referendum in Northern Ireland, organised under the terms of
the Northern Ireland (Entry to Negotiations, etc.) Act 1996, will address
the question: "Do you support the agreement reached in the multi-party talks
on Northern Ireland and set out in Command Paper 3883?". The Irish
Government will introduce and support in the Oireachtas a Bill to amend the
Constitution as described in paragraph 2 of the section "Constitutional
Issues" and in Annex B, as follows: (a) to amend Articles 2 and 3 as
described in paragraph 8.1 in Annex B above and (b) to amend Article 29 to
permit the Government to ratify the new British-Irish Agreement. On passage
by the Oireachtas, the Bill will be put to referendum.
3. If
majorities of those voting in each of the referendums support this
agreement, the Governments will then introduce and support, in their
respective Parliaments, such legislation as may be necessary to give effect
to all aspects of this agreement, and will take whatever ancillary steps as
may be required including the holding of elections on 25 June, subject to
parliamentary approval, to the Assembly, which would meet initially in a
"shadow" mode. The establishment of the North-South Ministerial Council,
implementation bodies, the British-Irish Council and the British-Irish
Intergovernmental Conference and the assumption by the Assembly of its
legislative and executive powers will take place at the same time on the
entry into force of the British-Irish Agreement.
4. In the interim, aspects of the implementation of the
multi-party agreement will be reviewed at meetings of those parties relevant
in the particular case (taking into account, once Assembly elections have
been held, the results of those elections), under the chairmanship of the
British Government or the two Governments, as may be appropriate; and
representatives of the two Governments and all relevant parties may meet
under independent chairmanship to review implementation of the agreement as
a whole.
Review procedures following implementation
5.
Each institution may, at any time, review any problems that may arise in its
operation and, where no other institution is affected, take remedial action
in consultation as necessary with the relevant Government or Governments. It
will be for each institution to determine its own procedures for review.
6. If there are difficulties in the operation of a particular
institution, which have implications for another institution, they may
review their operations separately and jointly and agree on remedial action
to be taken under their respective authorities.
7. If difficulties arise which require remedial action across the
range of institutions, or otherwise require amendment of the British-Irish
Agreement or relevant legislation, the process of review will fall to the
two Governments in consultation with the parties in the Assembly. Each
Government will be responsible for action in its own jurisdiction.
8. Notwithstanding the above, each institution will publish an annual
report on its operations. In addition, the two Governments and the parties
in the Assembly will convene a conference 4 years after the agreement comes
into effect, to review and report on its operation.
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT
OF IRELAND
The British and Irish Governments:
Welcoming the strong commitment to the Agreement reached on 10th April
1998 by themselves and other participants in the multi-party talks and set
out in Annex 1 to this Agreement (hereinafter "the Multi-Party Agreement");
Considering that the Multi-Party Agreement offers an opportunity for a new
beginning in relationships within Northern Ireland, within the island of
Ireland and between the peoples of these islands;
Wishing to develop
still further the unique relationship between their peoples and the close
co-operation between their countries as friendly neighbours and as partners
in the European Union;
Reaffirming their total commitment to the
principles of democracy and non-violence which have been fundamental to the
multi-party talks;
Reaffirming their commitment to the principles of
partnership, equality and mutual respect and to the protection of civil,
political, social, economic and cultural rights in their respective
jurisdictions;
Have agreed as follows:
ARTICLE 1
The two
Governments:
(i) recognise the legitimacy of whatever choice is freely
exercised by a majority of the people of Northern Ireland with regard to its
status, whether they prefer to continue to support the Union with Great
Britain or a sovereign united Ireland;
(ii) recognise that it is for the people of the island of Ireland
alone, by agreement between the two parts respectively and without external
impediment, to exercise their right of self-determination on the basis of
consent, freely and concurrently given, North and South, to bring about a
united Ireland, if that is their wish, accepting that this right must be
achieved and exercised with and subject to the agreement and consent of a
majority of the people of Northern Ireland;
(iii) acknowledge
that while a substantial section of the people in Northern Ireland share the
legitimate wish of a majority of the people of the island of Ireland for a
united Ireland, the present wish of a majority of the people of Northern
Ireland, freely exercised and legitimate, is to maintain the Union and
accordingly, that Northern Ireland's status as part of the United Kingdom
reflects and relies upon that wish; and that it would be wrong to make any
change in the status of Northern Ireland save with the consent of a majority
of its people;
(iv) affirm that, if in the future, the people
of the island of Ireland exercise their right of self-determination on the
basis set out in sections (i) and (ii) above to bring about a united
Ireland, it will be a binding obligation on both Governments to introduce
and support in their respective Parliaments legislation to give effect to
that wish;
(v) affirm that whatever choice is freely exercised
by a majority of the people of Northern Ireland, the power of the sovereign
government with jurisdiction there shall be exercised with rigorous
impartiality on behalf of all the people in the diversity of their
identities and traditions and shall be founded on the principles of full
respect for, and equality of, civil, political, social and cultural rights,
of freedom from discrimination for all citizens, and of parity of esteem and
of just and equal treatment for the identity, ethos and aspirations of both
communities;
(vi) recognise the birthright of all the people
of Northern Ireland to identify themselves and be accepted as Irish or
British, or both, as they may so choose, and accordingly confirm that their
right to hold both British and Irish citizenship is accepted by both
Governments and would not be affected by any future change in the status of
Northern Ireland.
ARTICLE 2
The two Governments affirm their solemn commitment to support, and where
appropriate implement, the provisions of the Multi-Party Agreement. In
particular there shall be established in accordance with the provisions of
the Multi-Party Agreement immediately on the entry into force of this
Agreement, the following institutions:
(i)
a North/South Ministerial Council;
(ii) the implementation
bodies referred to in paragraph 9 (ii) of the section entitled "Strand Two"
of the Multi-Party Agreement;
(iii)
a British-Irish Council;
(iv) a British-Irish
Intergovernmental Conference.
ARTICLE 3
(1)
This Agreement shall replace the Agreement between the British and Irish
Governments done at Hillsborough on 15th November 1985 which shall cease to
have effect on entry into force of this Agreement.
(2) The
Intergovernmental Conference established by Article 2 of the aforementioned
Agreement done on 15th November 1985 shall cease to exist on entry into
force of this Agreement.
ARTICLE 4
(1) It shall be a requirement for entry into force of this
Agreement that:
(a) British legislation shall have been enacted for the purpose
of implementing the provisions of Annex A to the section entitled
"Constitutional Issues" of the Multi-Party Agreement;
(b) the
amendments to the Constitution of Ireland set out in Annex B to the section
entitled "Constitutional Issues" of the Multi-Party Agreement shall have
been approved by Referendum;
(c) such legislation shall have
been enacted as may be required to establish the institutions referred to in
Article 2 of this Agreement.
(2) Each Government shall notify
the other in writing of the completion, so far as it is concerned, of the
requirements for entry into force of this Agreement. This Agreement shall
enter into force on the date of the receipt of the later of the two
notifications.
(3) Immediately on entry into force of this
Agreement, the Irish Government shall ensure that the amendments to the
Constitution of Ireland set out in Annex B to the section entitled
"Constitutional Issues" of the Multi-Party Agreement take effect.
In
witness thereof the undersigned, being duly authorised thereto by the
respective Governments, have signed this Agreement.
Done in two
originals at Belfast on the 10th day of April 1998.
For the Government of the United Kingdom of Great Britain and
Northern Ireland
For the Government of Ireland
ANNEX 1 The Agreement
Reached in the Multi-Party Talks
ANNEX 2
Declaration on the Provisions of
Paragraph (vi) of Article 1 In Relationship to Citizenship
The
British and Irish Governments declare that it is their joint understanding
that the term "the people of Northern Ireland" in paragraph (vi) of Article
1 of this Agreement means, for the purposes of giving effect to this
provision, all persons born in Northern Ireland and having, at the time of
their birth, at least one parent who is a British citizen, an Irish citizen
or is otherwise entitled to reside in Northern Ireland without any
restriction on their period of residence.
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