Kincora and the Wilson Coup - Merlyn Rees Doesn't Know Anything (and Doesn't Want to Know...) from Spike EP on Vimeo.
He's wrong - the Privy Council is in fact 799 years old...
1. The Conference between the British and Irish Governments and the parties involved in the Northern Ireland Executive (designate) met at Sunningdale on 6, 7, 8 and 9 December 1973.
2. During the Conference, each delegation stated their position on the status of Northern Ireland.
3. The Taoiseach said that the basic principle of the Conference was that the participants had tried to see what measure of agreement of benefit to all the people concerned could be secured. In doing so, all had reached accommodation with one another on practical arrangements. But none had compromised, and none had asked others to compromise, in relation to basic aspirations. The people of the Republic, together with a minority in Northern Ireland as represented by the SDLP delegation, continued to uphold the aspiration towards a united Ireland. The only unity they wanted to see was a unity established by consent.
4. Mr Brian Faulkner said that delegates from Northern Ireland came to the Conference as representatives of apparently incompatible sets of political aspirations who had found it possible to reach agreement to join together in government because each accepted that in doing so they were not sacrificing principles or aspirations. The desire of the majority of the people of Northern Ireland to remain part of the United Kingdom, as represented by the Unionist and Alliance delegations, remained firm.
5. The Irish Government fully accepted and solemnly declared that there could be no change in the status of Northern Ireland until a majority of the people of Northern Ireland desired a change in that status. The British Government solemnly declared that it was, and would remain, their policy to support the wishes of the majority of the people of Northern Ireland. The present status of Northern Ireland is that it is part of the United Kingdom. If in the future the majority of the people of Northern Ireland should indicate a wish to become part of a united Ireland, the British Government would support that wish.
6. The Conference agreed that a formal agreement incorporating the declarations of the British and Irish Governments would be signed at the formal stage of the Conference and registered at the United Nations.
7. The Conference agreed that a Council of Ireland would be set up. It would he confined to representatives of the two parts of Ireland, with appropriate safeguards for the British Government's financial and other interests. It would comprise a Council of Ministers with executive and harmonising functions and a consultative role, and a Consultative Assembly with advisory and review functions. The Council of Ministers would act by unanimity, and would comprise a core of seven members of the Irish Government and an equal number of members of the Northern Ireland Executive with provision for the participation of other non-voting members of the Irish Government and the Northern Ireland Executive or Administration when matters within their departmental competence were discussed. The Council of Ministers would control the functions of the Council. The Chairmanship would rotate on an agreed basis between representatives of the Irish Government and of the Northern Ireland Executive. Arrangements would be made for the location of the first meeting, and the location of subsequent meetings would be determined by the Council of Ministers. The Consultative Assembly would consist of 60 members, 30 members from Dail Eireann chosen by the Dail on the basis of proportional representation by the single transferable vote, and 30 members from the Northern Ireland Assembly chosen by that Assembly and also on that basis. The members of the Consultative Assembly would be paid allowances. There would be a Secretariat to the Council, which would be kept as small as might be commensurate with efficiency in the operation of the Council. The Secretariat would service the institutions of the Council and would, under the Council of Ministers, supervise the carrying out of the executive and harmonising functions and the consultative role of the Council. The Secretariat would be headed by a Secretary-General. Following the appointment of a Northern Ireland Executive, the Irish Government and the Northern Ireland Executive would nominate their representatives to a Council of Ministers. The Council of Ministers would then appoint a Secretary-General and decide upon the location of its permanent headquarters. The Secretary-General would be directed to proceed with the drawing up of plans for such headquarters. The Council of Ministers would also make arrangements for the recruitment of the staff of the Secretariat in a manner and on conditions which would, as far as is practicable, be consistent with those applying to public servants in the two administrations.
8. In the context of its harmonising functions and consultative role, the Council of Ireland would undertake important work relating, for instance, to the impact of EEC membership. As for executive functions, the first step would be to define and agree these in detail. The Conference therefore decided that, in view of the administrative complexities involved, studies would at once be set in hand to identify and, prior to the formal stage of the conference, report on areas of common interest in relation to which a Council of Ireland would take executive decisions and, in appropriate cases, be responsible for carrying those decisions into effect. In carrying out these studies, and also in determining what should be done by the Council in terms of harmonisation. the objectives to be borne in mind would include the following:
- (1) to achieve the best utilisation of scarce skills, expertise and resources;
(2) to avoid in the interests of economy and efficiency, unnecessary duplication of effort; and
(3) to ensure complementary rather than competitive effort where this is to the advantage of agriculture, commerce and industry.
- (a) exploitation, conservation and development of natural resources and the environment;
(b) agricultural matters (including agricultural research, animal health and operational aspects
of the Common Agriculture Policy), forestry and fisheries;
(c) co-operative ventures in the fields of trade and industry;
(d) electricity generation;
(e) tourism;
(f) roads and transport;
(g) advisory services in the field of public health;
(h) sport, culture and the arts.
| 9. | (i) During the initial period following the establishment of the Council, the revenue of the Council would be provided by means of grants from the two administrations in Ireland towards agreed projects and budgets, according to the nature of the service involved. |
| (ii) It was also agreed that further studies would be put in hand forthwith and completed as soon as possible of methods of financing the Council after the initial period which would be consonant with the responsibilities and functions assigned to it. | |
| (iii) It was agreed that the cost of the Secretariat of the Council of Ireland would be shared equally, and other services would he financed broadly in proportion to where expenditure or benefit accrues. | |
| (iv) The amount of money required to finance the Council's activities will depend upon the functions assigned to it from time to time. | |
| (v) While Britain continues to pay subsidies to Northern Ireland, such payments would not involve Britain participating in the Council, it being accepted nevertheless that it would be legitimate for Britain to safe-guard in an appropriate way her financial involvement in Northern Ireland. |
11. It was agreed that the Council would be invited to consider in what way the principles of the European Convention on Human Rights and Fundamental Freedoms would be expressed in domestic legislation in each part of Ireland. It would recommend whether further legislation or the creation of other institutions, administrative or judicial, is required in either part or embracing the whole island to provide additional protection in the field of human rights. Such recommendations could include the functions of an Ombudsman or Commissioner for Complaints, or other arrangements of a similar nature which the Council of Ireland might think appropriate.
12. The Conference also discussed the question of policing and the need to ensure public support for and identification with the police service throughout the whole community. It was agreed that no single set of proposals would achieve these aims overnight, and that time would be necessary. The Conference expressed the hope that the wide range of agreement that had been reached, and the consequent formation of a power-sharing Executive, would make a major contribution to the creation of an atmosphere throughout the community where there would be widespread support for and identification with all the institutions of Northern Ireland.
13. It was broadly accepted that the two parts of Ireland are to a considerable extent inter-dependent in the whole field of law and order, and that the problems of political violence and identification with the police service cannot be solved without taking account of that fact.
14. Accordingly, the British Government stated that, as soon as the security problems were resolved and the new institutions were seen to be working effectively, they would wish to discuss the devolution of responsibility for normal policing and how this might be achieved with the Northern Ireland Executive and the Police.
15. With a view to improving policing throughout the island and developing community identification with and support for the police services, the governments concerned will cooperate under the auspices of a Council of Ireland through their respective police authorities. To this end, the Irish Government would set up a Police Authority, appointments to which would be made after consultation with the Council of Ministers of the Council of Ireland. In the case of the Northern Ireland Police Authority, appointments would be made after consultation with the Northern Ireland Executive which would consult with the Council of Ministers of the Council of Ireland. When the two Police Authorities are constituted, they will make their own arrangements to achieve the objectives set out above.
16. An independent complaints procedure for dealing with complaints against the police will be set up.
17. The Secretary of State for Northern Ireland will set up an all-party committee from the Assembly to examine how best to introduce effective policing throughout Northern Ireland with particular reference to the need to achieve public identification with the police.
18. The Conference took note of a reaffirmation by the British Government of their firm commitment to bring detention to an end in Northern Ireland for all sections of the community as soon as the security situation permits, and noted also that the Secretary of State for Northern Ireland hopes to be able to bring into use his statutory powers of selective release in time for a number of detainees to be released before Christmas.
19. The British Government stated that, in the light of the decisions reached at the Conference, they would now seek the authority of Parliament to devolve full powers to the Northern Ireland Executive and Northern Ireland Assembly as son as possible. The formal appointment of the Northern Ireland Executive would then be made.
20. The Conference agreed that a formal conference would be held early in the New year at which the British and Irish Governments and the Northern Ireland Executive would meet together to consider reports on the studies which have been commissioned and to sign the agreement reached.
The Northern Ireland Peace Agreement
The Northern Ireland Peace Agreement
The Agreement reached in the multi-party negotiations
10 April 1998
CONTENTS
1. Declaration of Support
2. Constitutional Issues
Annex A: Draft Clauses/Schedules for Incorporation in BritishLegislation
Annex B: Irish Government Draft Legislation
3. Strand One:
Democratic Institutions in Northern Ireland
4. Strand Two:
North/South Ministerial Council
5. Strand Three:
British - Irish Council
British - Irish Intergovernmental Conference
6. Rights, Safeguards and Equality of Opportunity
Human Rights
United Kingdom Legislation
New Institutions in Northern Ireland
Comparable Steps by the Irish GovernmentA Joint Committee
Reconciliation and Victims of ViolenceEconomic, Social and Cultural Issues
7. Decommissioning
8. Security
9. Policing and Justice
Annex A: Commission on Policing for Northern IrelandAnnex B: Review of the Criminal Justice System
10. Prisoners
11. Validation, Implementation and ReviewValidation and Implementation
Review Procedures Following Implementation
ANNEX: Agreement between the Government of the United Kingdom ofGreat Britain and Northern Ireland and the Government of Ireland
- 1 -
The Northern Ireland Peace Agreement
DECLARATION OF SUPPORT
1. We, the participants in the multi-party negotiations, believe that the agreement we havenegotiated 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 canbest honour them through a fresh start, in which we firmly dedicate ourselves to theachievement of reconciliation, tolerance, and mutual trust, and to the protection andvindication of the human rights of all.
3. We are committed to partnership, equality and mutual respect as the basis of relationshipswithin 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 offorce 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 waytowards reconciliation and rapprochement within the framework of democratic and agreedarrangements. We pledge that we will, in good faith, work to ensure the success of each andevery one of the arrangements to be established under this agreement. It is accepted that allof the institutional and constitutional arrangements - an Assembly in Northern Ireland, aNorth/South Ministerial Council, implementation bodies, a British-Irish Council and a British-Irish Intergovernmental Conference and any amendments to British Acts of Parliament andthe Constitution of Ireland - are interlocking and interdependent and that in particular thefunctioning of the Assembly and the North/South Council are so closely inter-related that thesuccess 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.
- 2 -
The Northern Ireland Peace Agreement
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 thepeople of Northern Ireland with regard to its status, whether they prefer to continue tosupport 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 theirright 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, freelyexercised and legitimate, is to maintain the Union and, accordingly, that NorthernIreland’s status as part of the United Kingdom reflects and relies upon that wish; andthat it would be wrong to make any change in the status of Northern Ireland save withthe consent of a majority of its people;
(iv) affirm that if, in the future, the people of the island of Ireland exercise their right ofself-determination on the basis set out in sections (i) and (ii) above to bring about aunited Ireland, it will be a binding obligation on both Governments to introduce andsupport 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 themselvesand be accepted as Irish or British, or both, as they may so choose, and accordinglyconfirm that their right to hold both British and Irish citizenship is accepted by bothGovernments 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 thecontext of this comprehensive political agreement, to propose and support changes in,respectively, the Constitution of Ireland and in British legislation relating to the constitutionalstatus of Northern Ireland.
- 3 -
The Northern Ireland Peace Agreement
ANNEX A
DRAFT CLAUSES/SCHEDULES FOR INCORPORATION IN BRITISHLEGISLATION
1. (1) It is hereby declared that Northern Ireland in its entirety remains part ofthe United Kingdom and shall not cease to be so without the consent of amajority 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’sGovernment in the United Kingdom and the Government of Ireland.
2. The Government of Ireland Act 1920 is repealed; and this Act shall haveeffect 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 thepurposes of section 1 on a date specified in the order.
2. Subject to paragraph 3, the Secretary of State shall exercise the powerunder paragraph 1 if at any time it appears likely to him that a majority ofthose voting would express a wish that Northern Ireland should cease to bepart of the United Kingdom and form part of a united Ireland.
3. The Secretary of State shall not make an order under paragraph 1 earlierthan seven years after the holding of a previous poll under this Schedule.
4. (Remaining paragraphs along the lines of paragraphs 2 and 3 of existingSchedule 1 to 1973 Act.)
ANNEX B
IRISH GOVERNMENT DRAFT LEGISLATION TO AMEND THECONSTITUTION
Add to Article 29 the following sections:
7.
1°. The State may consent to be bound by the British-Irish Agreement doneat Belfast on the 10th day of April 1998, hereinafter called the Agreement.
2°. Any institution established by or under the Agreement may exercise thepowers and functions thereby conferred on it in respect of all or any part of the island of Ireland notwithstanding any other provision of this Constitutionconferring a like power or function on any person or any organ of Stateappointed under or created or established by or under this Constitution. Anypower or function conferred on such an institution in relation to the settlementor resolution of disputes or controversies may be in addition to or insubstitution for any like power or function conferred by this Constitution on any such person or organ of State as aforesaid.
- 4 -
The Northern Ireland Peace Agreement
3°. If the Government declare that the State has become obliged, pursuant tothe Agreement, to give effect to the amendment of this Constitution referred to therein, then, notwithstanding Article 46 hereof, this Constitution shall beamended as follows:
i. the following Articles shall be substituted for Articles 2 and 3 of the Irishtext:
Airteagal 2
Tá gach duine a shaolaÃtear in oileán na hÉireann, ar a n-áirÃtear a oileáinagus a fharraigÃ, i dteideal, agus tá de cheart oidhreachta aige nó aici, abheith páirteach i náisiún na hÉireann. Tá an teideal sin freisin ag na daoinego léir atá cáilithe ar shlà eile de réir dlà chun bheith ina saoránaigh d'Éirinn.Ina theannta sin, is mór ag náisiún na hÉireann a choibhneas speisialta ledaoine de bhunadh na hÉireann atá ina gcónaà ar an gcoigrÃoch agus arbionann féiniúlacht agus oidhreacht chultúir dóibh agus do náisiún na hÉireann.
Airteagal 3
1. Is à toil dhiongbháilte náisiún na hÉireann, go sÃtheach cairdiúil, na daoinego léir a chomhroinneann crÃoch oileán na hÉireann i bpáirt lena chéile, inéagsúlacht uile a bhféiniúlachtaà agus a dtraidisiún, a aontú, á aithint gur trÃmhodhanna sÃochánta amháin le toiliú thromlach na ndaoine, á chur in iúl godaonlathach, sa dá dhlÃnse san oileán, a dhéanfar Éire aontaithe a thabhairt igcrÃch. Go dtà sin, bainfidh na dlÃthe a achtófar ag an bParlaimint a bhunaÃtear leis an mBunreacht seo leis an limistéar feidhme céanna, agus beidh an raon feidhme céanna acu, lenar bhain na dlÃthe, agus a bhà ag na dlÃthe, a d'achtaigh an Pharlaimint a bhà ar marthain dÃreach roimh theacht i ngnÃomh don Bhunreacht seo.
2. Féadfaidh údaráis fhreagracha faoi seach na ndlÃnsà sin institiúidà ag a
mbeidh cumhachtaà agus feidhmeanna feidhmiúcháin a chomhroinntear idirna dlÃnsà sin a bhunú chun crÃoch sonraithe agus féadfaidh na hinstitiúidà sincumhachtaà agus feidhmeanna a fheidhmiú i leith an oileáin ar fad nó i leithaon chuid de.
ii. the following Articles shall be substituted for Articles 2 and 3 of the Englishtext:
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 alsothe entitlement of all persons otherwise qualified in accordance with law to becitizens of Ireland. Furthermore, the Irish nation cherishes its special affinitywith people of Irish ancestry living abroad who share its cultural identity andheritage.
Article 3
1. It is the firm will of the Irish nation, in harmony and friendship, to unite allthe people who share the territory of the island of Ireland, in all the diversityof their identities and traditions, recognising that a united Ireland shall bebrought about only by peaceful means with the consent of a majority of thepeople, democratically expressed, in both jurisdictions in the island. Untilthen, the laws enacted by the Parliament established by this Constitution
shall have the like area and extent of application as the laws enacted by theParliament that existed immediately before the coming into operation of thisConstitution.
- 5 -
The Northern Ireland Peace Agreement
2. Institutions with executive powers and functions that are shared betweenthose jurisdictions may be established by their respective responsibleauthorities for stated purposes and may exercise powers and functions inrespect of all or any part of the island."
iii. the following section shall be added to the Irish text of this Article:
"8 Tig leis an Stát dlÃnse a fheidhmiú taobh amuigh dá chrÃoch de réirbhunrialacha gnáth-admhaithe an dlà idirnáisúnta."
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 thegenerally recognised principles of international law."
4. If a declaration under this section is made, this subsection and subsection3, other than the amendment of this Constitution effected thereby, andsubsection 5 of this section shall be omitted from every official text of thisConstitution published thereafter, but notwithstanding such omission thissection shall continue to have the force of law.
5. If such a declaration is not made within twelve months of this section beingadded 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.
- 6 -
The Northern Ireland Peace Agreement
STRAND ONE
DEMOCRATIC INSTITUTIONS IN NORTHERN IRELAND
1. This agreement provides for a democratically elected Assembly in Northern Ireland whichis inclusive in its membership, capable of exercising executive and legislative authority, andsubject 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 Westminsterconstituencies.
3. The Assembly will exercise full legislative and executive authority in respect of thosematters currently within the responsibility of the six Northern Ireland GovernmentDepartments, with the possibility of taking on responsibility for other matters as detailedelsewhere in this agreement.
4. The Assembly - operating where appropriate on a cross-community basis - will be theprime 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 andwork together successfully in the operation of these institutions and that all sections of thecommunity are protected, including:
(a) allocations of Committee Chairs, Ministers and Committee membership inproportion to party strengths;
(b) the European Convention on Human Rights (ECHR) and any Bill of Rightsfor Northern Ireland supplementing it, which neither the Assembly nor publicbodies can infringe, together with a Human Rights Commission;
(c) arrangements to provide that key decisions and legislation are proofed toensure that they do not infringe the ECHR and any Bill of Rights for NorthernIreland;
(d) arrangements to ensure key decisions are taken on a cross-communitybasis;
(i) either parallel consent, i.e. a majority of those memberspresent and voting, including a majority of the unionist andnationalist designations present and voting;
(ii) or a weighted majority (60%) of members present andvoting, including at least 40% of each of the nationalist andunionist designations present and voting.
Key decisions requiring cross-community support will be
designated in advance, including election of the Chair of theAssembly, the First Minister and Deputy First Minister,standing orders and budget allocations. In other cases suchdecisions could be triggered by a petition of concern broughtby 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 publicbodies.
- 7 -
The Northern Ireland Peace Agreement
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 inAssembly 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 IrelandAdministration. The Chairs and Deputy Chairs of the Assembly Committees will be allocatedproportionally, using the d’Hondt system. Membership of the Committees will be in broadproportion to party strengths in the Assembly to ensure that the opportunity of Committeeplaces is available to all members.
9. The Committees will have a scrutiny, policy development and consultation role with respectto 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 theoverall budget allocation;
• approve relevant secondary legislation and take the Committee stage of relevantprimary 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 maybe 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 theECHR/Bill of Rights. The Committee shall have the power to call people and papers to assistin its consideration of the matter. The Assembly shall then consider the report of theCommittee and can determine the matter in accordance with the cross-community consentprocedure.
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 determinewhether the measure may proceed without reference to this special procedure. If this fails toachieve 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 andDeputy 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 theAssembly voting on a cross-community basis, according to 5(d)(i) above.
- 8 -
The Northern Ireland Peace Agreement
16. Following the election of the First Minister and Deputy First Minister, the posts of Ministerswill be allocated to parties on the basis of the d’Hondt system by reference to the number ofseats each party has in the Assembly.
17. The Ministers will constitute an Executive Committee, which will be convened, andpresided 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 NorthernIreland 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 executiveand legislative proposals and for recommending a common position where necessary (e.g. indealing 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 toapproval by the Assembly, after scrutiny in Assembly Committees, on a cross-communitybasis.
21. A party may decline the opportunity to nominate a person to serve as a Minister or maysubsequently change its nominee.
22. All the Northern Ireland Departments will be headed by a Minister. All Ministers will liaiseregularly with their respective Committee.
23. As a condition of appointment, Ministers, including the First Minister and Deputy FirstMinister, will affirm the terms of a Pledge of Office (Annex A) undertaking to dischargeeffectively and in good faith all the responsibilities attaching to their office.
24. Ministers will have full executive authority in their respective areas of responsibility, withinany broad programme agreed by the Executive Committee and endorsed by the Assembly asa whole.
25. An individual may be removed from office following a decision of the Assembly taken on across-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 indevolved areas, subject to:
(a) the ECHR and any Bill of Rights for Northern Ireland supplementing itwhich, if the courts found to be breached, would render the relevantlegislation 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 theAssembly and the Westminster Parliament;
- 9 -
The Northern Ireland Peace Agreement
(e) option of the Assembly seeking to include Northern Ireland provisions inUnited Kingdom-wide legislation in the Westminster Parliament, especially ondevolved 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 theSecretary 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 withother 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 Governmentof the United Kingdom to ensure effective co-ordination and input by Ministers to nationalpolicy-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 Assemblylegislation 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 wouldremain unaffected) will:
(a) legislate for non-devolved issues, other than where the Assemblylegislates with the approval of the Secretary of State and subject to thecontrol of Parliament;
(b) to legislate as necessary to ensure the United Kingdom’s internationalobligations are met in respect of Northern Ireland;
(c) scrutinise, including through the Northern Ireland Grand and SelectCommittees, the responsibilities of the Secretary of State.
34. A consultative Civic Forum will be established. It will comprise representatives of thebusiness, trade union and voluntary sectors, and such other sectors as agreed by the FirstMinister 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 byagreement provide administrative support for the Civic Forum and establish guidelines for theselection of representatives to the Civic Forum.
- 10 -
The Northern Ireland Peace Agreement
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 preparationsfor the effective functioning of the Assembly, the British-Irish Council and the North/SouthMinisterial Council and associated implementation bodies. In this transitional period, thosemembers 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 orthreat of force by others for any political purpose; to work in good faith to bring the newarrangements 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 detailsof electoral arrangements and of the Assembly’s procedures, with a view to agreeing anyadjustments 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 democraticmeans;
(c) to serve all the people of Northern Ireland equally, and to act in
accordance with the general obligations on government to promote equalityand prevent discrimination;
(d) to participate with colleagues in the preparation of a programme forgovernment;
(e) to operate within the framework of that programme when agreed withinthe Executive Committee and endorsed by the Assembly;
(f) to support, and to act in accordance with, all decisions of the ExecutiveCommittee and Assembly;
(g) to comply with the Ministerial Code of Conduct.
- 11 -
The Northern Ireland Peace Agreement
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, forthe activities within their responsibilities, their stewardship of public funds and theextent to which key performance targets and objectives have been met;
• ensure all reasonable requests for information from the Assembly, users of servicesand 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 inPublic 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 oftreatment;
• not use information gained in the course of their service for personal gain; nor seek touse the opportunity of public service to promote their private interests;
• ensure they comply with any rules on the acceptance of gifts and hospitality thatmight be offered;
• declare any personal or business interests which may conflict with their
responsibilities. The Assembly will retain a Register of Interests. Individuals mustensure that any direct or indirect pecuniary interests which members of the publicmight reasonably think could influence their judgement are listed in the Register ofInterests;
- 12 -
The Northern Ireland Peace Agreement
STRAND TWO
NORTH/SOUTH MINISTERIAL COUNCIL
1. Under a new British/Irish Agreement dealing with the totality of relationships, and relatedlegislation at Westminster and in the Oireachtas, a North/South Ministerial Council to beestablished to bring together those with executive responsibilities in Northern Ireland and theIrish 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 ofmutual 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 berepresented by the First Minister, Deputy First Minister and any relevant Ministers, the IrishGovernment 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 bythe First Minister and Deputy First Minister and the Irish Government led bythe Taoiseach;
(ii) in specific sectoral formats on a regular and frequent basis with each siderepresented 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 willbe 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-operatingon 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 commonpolicies, in areas where there is a mutual cross-border and all-island benefit,and which are within the competence of both Administrations, North andSouth, making determined efforts to overcome any disagreements;
(iii) to take decisions by agreement on policies for implementation separatelyin each jurisdiction, in relevant meaningful areas within the competence ofboth Administrations, North and South;
(iv) to take decisions by agreement on policies and action at an all-island andcross-border level to be implemented by the bodies to be established as setout in paragraphs 8 and 9 below.
6. Each side to be in a position to take decisions in the Council within the defined authority ofthose attending, through the arrangements in place for co-ordination of executive functionswithin each jurisdiction. Each side to remain accountable to the Assembly and Oireachtasrespectively, whose approval, through the arrangements in place on either side, would berequired for decisions beyond the defined authority of those attending.
- 13 -
The Northern Ireland Peace Agreement
7. As soon as practically possible after elections to the Northern Ireland Assembly, inauguralmeetings will take place of the Assembly, the British/Irish Council and the North/SouthMinisterial Council in their transitional forms. All three institutions will meet regularly andfrequently on this basis during the period between the elections to the Assembly, and thetransfer 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 andthe transfer of power to it, representatives of the Northern Ireland transitional Administrationand the Irish Government operating in the North/South Ministerial Council will undertake awork programme, in consultation with the British Government, covering at least 12 subjectareas, with a view to identifying and agreeing by 31 October 1998 areas where co-operationand implementation for mutual benefit will take place. Such areas may include matters in thelist 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 agreedimplementation bodies on a cross-border or all-island level.
10. The two Governments will make necessary legislative and other enabling preparations toensure, as an absolute commitment, that these bodies, which have been agreed as a result ofthe 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 alsocommence contemporaneously with the transfer of powers to the Assembly.
11. The implementation bodies will have a clear operational remit. They will implement on anall-island and cross-border basis policies agreed in the Council.
12. Any further development of these arrangements to be by agreement in the Council andwith the specific endorsement of the Northern Ireland Assembly and Oireachtas, subject tothe 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 theother.
14. Disagreements within the Council to be addressed in the format described at paragraph3(iii) above or in the plenary format. By agreement between the two sides, experts could beappointed to consider a particular matter and report.
15. Funding to be provided by the two Administrations on the basis that the Council and theimplementation bodies constitute a necessary public function.
16. The Council to be supported by a standing joint Secretariat, staffed by members of theNorthern Ireland Civil Service and the Irish Civil Service.
17. The Council to consider the European Union dimension of relevant matters, including theimplementation of EU policies and programmes and proposals under consideration in the EUframework. Arrangements to be made to ensure that the views of the Council are taken intoaccount and represented appropriately at relevant EU meetings.
- 14 -
The Northern Ireland Peace Agreement
18. The Northern Ireland Assembly and the Oireachtas to consider developing a joint
parliamentary forum, bringing together equal numbers from both institutions for discussion ofmatters of mutual interest and concern.
19. Consideration to be given to the establishment of an independent consultative forumappointed by the two Administrations, representative of civil society, comprising the socialpartners 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 wastemanagement.
5. Waterways - inland waterways.
6. Social Security/Social Welfare - entitlements of cross-border workers andfraud control.
7. Tourism - promotion, marketing, research, and product development.
8. Relevant EU Programmes such as SPPR, INTERREG, Leader II and theirsuccessors.
9. Inland Fisheries.
10. Aquaculture and marine matters
11. Health: accident and emergency services and other related cross-borderissues.
12. Urban and rural development.
Others to be considered by the shadow North/ South Council.
- 15 -
The Northern Ireland Peace Agreement
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 relationshipsamong 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, ifappropriate, 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 sectoralformats on a regular basis, with each side represented by the appropriate Minister; in anappropriate format to consider cross-sectoral matters.
4. Representatives of members will operate in accordance with whatever procedures fordemocratic authority and accountability are in force in their respective elected institutions.
5. The BIC will exchange information, discuss, consult and use best endeavours to reachagreement on co-operation on matters of mutual interest within the competence of therelevant Administrations. Suitable issues for early discussion in the BIC could includetransport links, agricultural issues, environmental issues, cultural issues, health issues,education issues and approaches to EU issues. Suitable arrangements to be made forpractical co-operation on agreed policies.
6. It will be open to the BIC to agree common policies or common actions. Individualmembers 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 orcommon actions, including their means of implementation, it will operate by agreement of allmembers participating in such policies or actions.
8. The members of the BIC, on a basis to be agreed between them, will provide such financialsupport 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 ormore members to develop bilateral or multilateral arrangements between them. Sucharrangements could include, subject to the agreement of the members concerned,mechanisms to enable consultation, co-operation and joint decision-making on matters ofmutual interest; and mechanisms to implement any joint decisions they may reach. Thesearrangements will not require the prior approval of the BIC as a whole and will operateindependently of it.
11. The elected institutions of the members will be encouraged to develop interparliamentarylinks, 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 intoeffect, and will contribute as appropriate to any review of the overall political agreementarising from the multi-party negotiations.
- 16 -
The Northern Ireland Peace Agreement
BRITISH-IRISH INTERGOVERNMENTAL CONFERENCE
1. There will be a new British-Irish Agreement dealing with the totality of relationships. It willestablish a standing British-Irish Intergovernmental Conference, which will subsume both theAnglo-Irish Intergovernmental Council and the Intergovernmental Conference establishedunder the 1985 Agreement.
2. The Conference will bring together the British and Irish Governments to promote bilateralco-operation at all levels on all matters of mutual interest within the competence of bothGovernments.
3. The Conference will meet as required at Summit level (Prime Minister and Taoiseach).Otherwise, Governments will be represented by appropriate Ministers. Advisers, includingpolice 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 derogationfrom the sovereignty of either Government.
5. In recognition of the Irish Government’s special interest in Northern Ireland and of theextent to which issues of mutual concern arise in relation to Northern Ireland, there will beregular and frequent meetings of the Conference concerned with non-devolved NorthernIreland matters, on which the Irish Government may put forward views and proposals. Thesemeetings, to be co-chaired by the Minister for Foreign Affairs and the Secretary of State forNorthern 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-operationin 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 aNorthern Ireland administration) and will intensify co-operation between the two Governmentson 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 discussnon-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 Irelandmatters.
9. The Conference will keep under review the workings of the new British-Irish Agreementand the machinery and institutions established under it, including a formal published reviewthree years after the Agreement comes into effect. Representatives of the Northern IrelandAdministration will be invited to express views to the Conference in this context. TheConference will contribute as appropriate to any review of the overall political agreementarising from the multi-party negotiations but will have no power to override the democraticarrangements set up by this Agreement.
- 17 -
The Northern Ireland Peace Agreement
RIGHTS, SAFEGUARDS AND EQUALITY OF OPPORTUNITYHuman Rights
1. The parties affirm their commitment to the mutual respect, the civil rights and the religiousliberties of everyone in the community. Against the background of the recent history ofcommunal 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 Assemblylegislation 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 tocarry out all their functions with due regard to the need to promote equality of opportunity inrelation to religion and political opinion; gender; race; disability; age; marital status;dependants; and sexual orientation. Public bodies would be required to draw up statutoryschemes showing how they would implement this obligation. Such schemes would coverarrangements 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 particularcircumstances of Northern Ireland, drawing as appropriate on international instruments andexperience. 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 - toconstitute a Bill of Rights for Northern Ireland. Among the issues for consideration by theCommission will be:
• the formulation of a general obligation on government and public bodies fully torespect, on the basis of equality of treatment, the identity and ethos of bothcommunities in Northern Ireland; and
• a clear formulation of the rights not to be discriminated against and to equality ofopportunity in both the public and private sectors.
- 18 -
The Northern Ireland Peace Agreement
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 underreview the adequacy and effectiveness of laws and practices, making recommendations toGovernment 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 Governmentintends a new statutory Equality Commission to replace the Fair Employment Commission,the Equal Opportunities Commission (NI), the Commission for Racial Equality (NI) and theDisability Council. Such a unified Commission will advise on, validate and monitor thestatutory obligation and will investigate complaints of default.
7. It would be open to a new Northern Ireland Assembly to consider bringing together itsresponsibilities for these matters into a dedicated Department of Equality.
8. These improvements will build on existing protections in Westminster legislation in respectof 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 humanrights in its jurisdiction. The Government will, taking account of the work of the All-PartyOireachtas Committee on the Constitution and the Report of the Constitution Review Group,bring forward measures to strengthen and underpin the constitutional protection of humanrights. These proposals will draw on the European Convention on Human Rights and otherinternational legal instruments in the field of human rights and the question of theincorporation of the ECHR will be further examined in this context. The measures broughtforward would ensure at least an equivalent level of protection of human rights as will pertainin Northern Ireland. In addition, the Irish Government will:
• establish a Human Rights Commission with a mandate and remit equivalent to thatwithin Northern Ireland;
• proceed with arrangements as quickly as possible to ratify the Council of EuropeFramework 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 differenttraditions in the island of Ireland.
A Joint Committee
10. It is envisaged that there would be a joint committee of representatives of the two HumanRights Commissions, North and South, as a forum for consideration of human rights issues inthe island of Ireland. The joint committee will consider, among other matters, the possibility ofestablishing a charter, open to signature by all democratic political parties, reflecting andendorsing agreed measures for the protection of the fundamental rights of everyone living inthe island of Ireland.
- 19 -
The Northern Ireland Peace Agreement
Reconciliation and Victims of Violence
11. The participants believe that it is essential to acknowledge and address the suffering ofthe victims of violence as a necessary element of reconciliation. They look forward to theresults 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 seesuch 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 thecase for enhanced financial assistance for the work of reconciliation. An essential aspect ofthe 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 BritishGovernment will pursue broad policies for sustained economic growth and stability inNorthern Ireland and for promoting social inclusion, including in particular communitydevelopment and the advancement of women in public life.
2. Subject to the public consultation currently under way, the British Government will makerapid progress with:
(i) a new regional development strategy for Northern Ireland, for
consideration in due course by a the Assembly, tackling the problems of adivided society and social cohesion in urban, rural and border areas,protecting and enhancing the environment, producing new approaches totransport issues, strengthening the physical infrastructure of the region,developing the advantages and resources of rural areas and rejuvenatingmajor urban centres;
(ii) a new economic development strategy for Northern Ireland, for
consideration in due course by a the Assembly, which would provide for shortand medium term economic planning linked as appropriate to the regionaldevelopment strategy; and
(iii) measures on employment equality included in the recent White Paper
("Partnership for Equality") and covering the extension and strengthening ofanti-discrimination legislation, a review of the national security aspects of thepresent fair employment legislation at the earliest possible time, a new morefocused Targeting Social Need initiative and a range of measures aimed atcombating unemployment and progressively eliminating the differential inunemployment rates between the two communities by targeting objectiveneed.
- 20 -
The Northern Ireland Peace Agreement
3. All participants recognise the importance of respect, understanding and tolerance in
relation to linguistic diversity, including in Northern Ireland, the Irish language, Ulster-Scotsand the languages of the various ethnic communities, all of which are part of the culturalwealth of the island of Ireland.
4. In the context of active consideration currently being given to the UK signing the Council ofEurope 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 andprivate life where there is appropriate demand;
• seek to remove, where possible, restrictions which would discourage or work againstthe maintenance or development of the language;
• make provision for liaising with the Irish language community, representing theirviews to public authorities and investigating complaints;
• place a statutory duty on the Department of Education to encourage and facilitateIrish medium education in line with current provision for integrated education;
• explore urgently with the relevant British authorities, and in co-operation with the Irishbroadcasting authorities, the scope for achieving more widespread availability of TeilifÃs na Gaeilige in Northern Ireland;
• seek more effective ways to encourage and provide financial support for Irishlanguage 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 thecommunity.
5. All participants acknowledge the sensitivity of the use of symbols and emblems for publicpurposes, and the need in particular in creating the new institutions to ensure that suchsymbols and emblems are used in a manner which promotes mutual respect rather thandivision. Arrangements will be made to monitor this issue and consider what action might berequired.
- 21 -
The Northern Ireland Peace Agreement
DECOMMISSIONING
1. Participants recall their agreement in the Procedural Motion adopted on 24 September1997 "that the resolution of the decommissioning issue is an indispensable part of theprocess 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 ofparamilitary 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 constructivelyand 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 followingendorsement in referendums North and South of the agreement and in the context of theimplementation of the overall settlement.
4. The Independent Commission will monitor, review and verify progress on decommissioningof illegal arms, and will report to both Governments at regular intervals.
6. Both Governments will take all necessary steps to facilitate the decommissioning processto 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 thisagreement 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 aspossible to normal security arrangements in Northern Ireland, consistent with the level ofthreat and with a published overall strategy, dealing with:
(i) the reduction of the numbers and role of the Armed Forces deployed inNorthern 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 anycontinuing paramilitary activity, with the Irish Government and the political parties, asappropriate.
4. The British Government will continue its consultation on firearms regulation and control onthe basis of the document published on 2 April 1998.
5. The Irish Government will initiate a wide-ranging review of the Offences Against the StateActs 1939-85 with a view to both reform and dispensing with those elements no longerrequired as circumstances permit.
- 22 -
The Northern Ireland Peace Agreement
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 thosein 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 thatthe police service is professional, effective and efficient, fair and impartial, free from partisanpolitical 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 representationamong its membership and will be asked to consult widely and to report no later than Summer1999.
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 involvementwhere 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 andthose aspects of the system relating to the emergency legislation) to be carried out by theBritish Government through a mechanism with an independent element, in consultation withthe political parties and others. The review will commence as soon as possible, will includewide consultation, and a report will be made to the Secretary of State no later than Autumn1999. Terms of Reference are attached at Annex B.
6. Implementation of the recommendations arising from both reviews will be discussed withthe political parties and with the Irish Government.
- 23 -
The Northern Ireland Peace Agreement
7. The participants also note that the British Government remains ready in principle, with thebroad support of the political parties, and after consultation, as appropriate, with the IrishGovernment, in the context of ongoing implementation of the relevant recommendations, todevolve responsibility for policing and justice issues.
- 24 -
The Northern Ireland Peace Agreement
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 willinquire into policing in Northern Ireland and, on the basis of its findings, bring forwardproposals for future policing structures and arrangements, including means of encouragingwidespread community support for those arrangements.
Its proposals on policing should be designed to ensure that policing arrangements, includingcomposition, recruitment, training, culture, ethos and symbols, are such that in a newapproach Northern Ireland has a police service that can enjoy widespread support from, andis 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 policingin 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 indischarging its full range of functions (including proposals on any necessaryarrangements 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 topolicing standards;
• the police operate within a clear framework of accountability to the law and thecommunity 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 andpublicly available;
• there are open, accessible and independent means of investigating and adjudicatingupon complaints against the police;
• there are clearly established arrangements enabling local people, and their politicalrepresentatives, to articulate their views and concerns about policing and to establishpublicly 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 economicuse of resources in achieving policing objectives;
• there are means to ensure independent professional scrutiny and inspection of thepolice service to ensure that proper professional standards are maintained;
• the scope for structured co-operation with the Garda Siochana and other policeforces is addressed; and
• the management of public order events which can impose exceptional demands onpolicing resources is also addressed.
The Commission should focus on policing issues, but if it identifies other aspects of thecriminal justice system relevant to its work on policing, including the role of the police inprosecution, 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.
- 25 -
The Northern Ireland Peace Agreement
The Government proposes to establish the Commission as soon as possible, with the aim of itstarting work as soon as possible and publishing its final report by Summer 1999.
- 26 -
The Northern Ireland Peace Agreement
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 ofthe criminal justice system and will bring forward proposals for future criminal justicearrangements (other than policing and those aspects of the system relating to emergencylegislation, which the Government is considering separately) covering such issues as:
• the arrangements for making appointments to the judiciary and magistracy, andsafeguards 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 layparticipation in the criminal justice system;
• mechanisms for addressing law reform;
• the scope for structured co-operation between the criminal justice agencies on bothparts of the island; and
• the structure and organisation of criminal justice functions that might be devolved toan Assembly, including the possibility of establishing a Department of Justice, whilesafeguarding 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 thepolitical parties and others, including non-governmental expert organisations. The review willbe completed by Autumn 1999.
- 27 -
The Northern Ireland Peace Agreement
PRISONERS
1. Both Governments will put in place mechanisms to provide for an accelerated programmefor the release of prisoners, including transferred prisoners, convicted of scheduled offencesin Northern Ireland or, in the case of those sentenced outside Northern Ireland, similaroffences (referred to hereafter as qualifying prisoners). Any such arrangements will protectthe rights of individual prisoners under national and international law.
2. Prisoners affiliated to organisations which have not established or are not maintaining acomplete and unequivocal ceasefire will not benefit from the arrangements. The situation inthis 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, anyqualifying prisoners who remained in custody two years after the commencement of thescheme would be released at that point.
4. The Governments will seek to enact the appropriate legislation to give effect to thesearrangements by the end of June 1998.
5. The Governments continue to recognise the importance of measures to facilitate thereintegration of prisoners into the community by providing support both prior to and afterrelease, including assistance directed towards availing of employment opportunities, re-training and/or re-skilling, and further education.
- 28 -
The Northern Ireland Peace Agreement
VALIDATION, IMPLEMENTATION AND REVIEWValidation and Implementation
1. The two Governments will as soon as possible sign a new British-Irish Agreement replacingthe 1985 Anglo-Irish Agreement, embodying understandings on constitutional issues andaffirming their solemn commitment to support and, where appropriate, implement theagreement reached by the participants in the negotiations which shall be annexed to theBritish-Irish Agreement.
2. Each Government will organise a referendum on 22 May 1998. Subject to Parliamentaryapproval, a consultative referendum in Northern Ireland, organised under the terms of theNorthern Ireland (Entry to Negotiations, etc.) Act 1996, will address the question: "Do yousupport the agreement reached in the multi-party talks on Northern Ireland and set out inCommand Paper 3883?". The Irish Government will introduce and support in the Oireachtas aBill 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 newBritish-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 legislationas may be necessary to give effect to all aspects of this agreement, and will take whateverancillary steps as may be required including the holding of elections on 25 June, subject toparliamentary approval, to the Assembly, which would meet initially in a "shadow" mode. Theestablishment of the North-South Ministerial Council, implementation bodies, the British-IrishCouncil 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 entryinto 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 withthe relevant Government or Governments. It will be for each institution to determine its ownprocedures for review.
6. If there are difficulties in the operation of a particular institution, which have implications foranother institution, they may review their operations separately and jointly and agree onremedial action to be taken under their respective authorities.
7. If difficulties arise which require remedial action across the range of institutions, orotherwise require amendment of the British-Irish Agreement or relevant legislation, theprocess of review will fall to the two Governments in consultation with the parties in theAssembly. 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 4years after the agreement comes into effect, to review and report on its operation.
- 29 -
The Northern Ireland Peace Agreement
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 thisAgreement (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 ofthese islands;
Wishing to develop still further the unique relationship between their peoples and the closeco-operation between their countries as friendly neighbours and as partners in the EuropeanUnion;
Reaffirming their total commitment to the principles of democracy and non-violence whichhave been fundamental to the multi-party talks;
Reaffirming their commitment to the principles of partnership, equality and mutual respect andto the protection of civil, political, social, economic and cultural rights in their respectivejurisdictions;
Have agreed as follows:
ARTICLE 1
The two Governments:
(i) recognise the legitimacy of whatever choice is freely exercised by a majority of the peopleof Northern Ireland with regard to its status, whether they prefer to continue to support theUnion 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 thetwo 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 ofNorthern Ireland;
(iii) acknowledge that while a substantial section of the people in Northern Ireland share thelegitimate wish of a majority of the people of the island of Ireland for a united Ireland, thepresent wish of a majority of the people of Northern Ireland, freely exercised and legitimate, isto maintain the Union and accordingly, that Northern Ireland’s status as part of the UnitedKingdom reflects and relies upon that wish; and that it would be wrong to make any change inthe 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 respectiveParliaments legislation to give effect to that wish;
- 30 -
The Northern Ireland Peace Agreement
(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 withrigorous impartiality on behalf of all the people in the diversity of their identities and traditionsand shall be founded on the principles of full respect for, and equality of, civil, political, socialand cultural rights, of freedom from discrimination for all citizens, and of parity of esteem andof 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 beaccepted as Irish or British, or both, as they may so choose, and accordingly confirm that theirright to hold both British and Irish citizenship is accepted by both Governments and would notbe affected by any future change in the status of Northern Ireland.
ARTICLE 2
The two Governments affirm their solemn commitment to support, and where appropriateimplement, the provisions of the Multi-Party Agreement. In particular there shall beestablished in accordance with the provisions of the Multi-Party Agreement immediately onthe 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-PartyAgreement;
(iii) a British-Irish Council;
(iv) a British-Irish Intergovernmental Conference.
ARTICLE 3
(1) This Agreement shall replace the Agreement between the British and IrishGovernments 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 toexist 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 purposeof implementing the provisions of Annex A to the sectionentitled "Constitutional Issues" of the Multi-Party Agreement;
(b) the amendments to the Constitution of Ireland set out inAnnex B to the section entitled "Constitutional Issues" of theMulti-Party Agreement shall have been approved byReferendum;
(c) such legislation shall have been enacted as may be
required to establish the institutions referred to in Article 2 ofthis Agreement.
(2) Each Government shall notify the other in writing of the completion, so faras 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 ofthe two notifications.
- 31 -
The Northern Ireland Peace Agreement
(3) Immediately on entry into force of this Agreement, the Irish Governmentshall ensure that the amendments to the Constitution of Ireland set out inAnnex B to the section entitled "Constitutional Issues" of the Multi-PartyAgreement take effect.
In witness thereof the undersigned, being duly authorised thereto by the respectiveGovernments, have signed this Agreement.
Done in two originals at Belfast on the 10th day of April 1998.
ANNEX 1
The Agreement Reached in the Multi-Party Talks
ANNEX 2
Declaration on the Provisions ofParagraph (vi) of Article 1 In Relationship to Citizenship
The British and Irish Governments declare that it is their joint understanding that the term "thepeople of Northern Ireland" in paragraph (vi) of Article 1 of this Agreement means, for thepurposes of giving effect to this provision, all persons born in Northern Ireland and having, atthe 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.
- 32 -
No comments:
Post a Comment