On April 10,
1998, the northern Irish political parties, the Dublin government
and Great Britain signed the Good Friday Agreement. Although not
a settlement of the Ango-Irish conflict, the GFA did provide the
basis for the next phase in the ongoing struggle for Irish freedom,
unity and justice.
The
Agreement was posted to every household in north of Ireland and
put to a referendum on May 22. A referendum was also held in the
south of Ireland.
The result was overwhelmingly in favor of the Agreement: 71.2%
of people in north and 94.39% in the south voted Yes to accepting
the Agreement.
An Assembly was elected in September that year. The Ulster Unionists
won the largest share of the vote and 28 seats. The SDLP took
24 and Sinn Fein won 18.
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TABLE
OF CONTENTS
1.
Declaration of Support
2. Constitutional Issues
Annex A: Draft Clauses/Schedules for Incorporation in British
Legislation
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 Government
... A Joint Committee
... Reconciliation and Victims of Violence
Economic, Social and Cultural Issues
7. Decommissioning
8. Security
9.. Policing and Justice
Annex A: Commission on Policing for Northern Ireland
Annex B: Review of the Criminal Justice System
10. Prisoners
11. Validation, Implementation
and Review
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:
1. The State may consent to be bound by the British-Irish Agreement
done at Belfast on the ... day of ... 1998, hereinafter called the
Agreement.
2. 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.
3. 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.
RIGHTS, SAFEGUARDS
AND EQUALITY OF OPPORTUNITY
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.
6. 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 IrelandANNEX 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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