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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 toconstituencys reconciliation and rapprochement within
the framework of democratic and agreed arrangements. We pledge that
we will, in good faith, work to ensure the success of each and every
one of the arrangements to be established under this agreement. It
is accepted that all of the institutional and constitutional arrangements
- an Assembly in Northern Ireland, a North/South Ministerial Council,
implementation bodies, a British-Irish Council and a British-Irish
Intergovernmental Conference and any amendments to British Acts of
Parliament and the Constitution of Ireland - are interlocking and
interdependent and that in particular the functioning of the Assembly
and the North/South Council are so closely inter-related that the
success of each depends on that of the other.
6. Accordingly, in
a spirit of concord, we strongly commend this agreement to the people,
North and South, for their approval.
CONSTITUTIONAL ISSUES
1. The participants
endorse the commitment made by the British and Irish Governments that,
in a new British-Irish Agreement replacing the Anglo-Irish Agreement,
they will:
(i) recognise the
legitimacy of whatever choice is freely exercised by a majority of
the people of Northern Ireland with regard to its status, whether
they prefer to continue to support the Union with Great Britain or
a sovereign united Ireland;
(ii) recognise that
it is for the people of the island of Ireland alone, by agreement
between the two parts respectively and without external impediment,
to exercise their right of self-determination on the basis of consent,
freely and concurrently given, North and South, to bring about a united
Ireland, if that is their wish, accepting that this right must be
achieved and exercised with and subject to the agreement and consent
of a majority of the people of Northern Ireland;
(iii) acknowledge
that while a substantial section of the people in Northern Ireland
share the legitimate wish of a majority of the people of the island
of Ireland for a united Ireland, the present wish of a majority of
the people of Northern Ireland, freely exercised and legitimate, is
to maintain the Union and, accordingly, that Northern Ireland’s status
as part of the United Kingdom reflects and relies upon that wish;
and that it would be wrong to make any change in the status of Northern
Ireland save with the consent of a majority of its people;
(iv) affirm that
if, in the future, the people of the island of Ireland exercise their
right of self-determination on the basis set out in sections (i) and
(ii) above to bring about a united Ireland, it will be a binding obligation
on both Governments to introduce and support in their respective Parliaments
legislation to give effect to that wish;
(v) affirm that
whatever choice is freely exercised by a majority of the people of
Northern Ireland, the power of the sovereign government with jurisdiction
there shall be exercised with rigorous impartiality on behalf of all
the people in the diversity of their identities and traditions and
shall be founded on the principles of full respect for, and equality
of, civil, political, social and cultural rights, of freedom from
discrimination for all citizens, and of parity of esteem and of just
and equal treatment for the identity, ethos, and aspirations of both
communities;
(vi) recognise the
birthright of all the people of Northern Ireland to identify themselves
and be accepted as Irish or British, or both, as they may so choose,
and accordingly confirm that their right to hold both British and
Irish citizenship is accepted by both Governments and would not be
affected by any future change in the status of Northern Ireland.
2. The participants
also note that the two Governments have accordingly undertaken in
the context of this comprehensive political agreement, to propose
and support changes in, respectively, the Constitution of Ireland
and in British legislation relating to the constitutional status of
Northern Ireland.
ANNEX A
DRAFT CLAUSES/SCHEDULES
FOR INCORPORATION IN BRITISH LEGISLATION
1. (1) It is hereby
declared that Northern Ireland in its entirety remains part of the
United Kingdom and shall not cease to be so without the consent of
a majority of the people of Northern Ireland voting in a poll held
for the purposes of this section in accordance with Schedule 1.
(2) But if the wish
expressed by a majority in such a poll is that Northern Ireland should
cease to be part of the United Kingdom and form part of a united Ireland,
the Secretary of State shall lay before Parliament such proposals
to give effect to that wish as may be agreed between Her Majesty’s
Government in the United Kingdom and the Government of Ireland.
2. The Government of
Ireland Act 1920 is repealed; and this Act shall have effect notwithstanding
any other previous enactment.
SCHEDULE 1
POLLS FOR THE PURPOSE OF
SECTION 1
1. The Secretary of
State may by order direct the holding of a poll for the purposes of
section 1 on a date specified in the order.
2. Subject to paragraph
3, the Secretary of State shall exercise the power under paragraph
1 if at any time it appears likely to him that a majority of those
voting would express a wish that Northern Ireland should cease to
be part of the United Kingdom and form part of a united Ireland.
3. The Secretary of
State shall not make an order under paragraph 1 earlier than seven
years after the holding of a previous poll under this Schedule.
4. (Remaining paragraphs
along the lines of paragraphs 2 and 3 of existing Schedule 1 to 1973
Act.)
ANNEX
B
IRISH GOVERNMENT DRAFT
LEGISLATION TO AMEND THE CONSTITUTION
Add to Article
29 the following sections:
7.
- The State may consent
to be bound by the British-Irish Agreement done at Belfast on
the day of 1998, hereinafter called the Agreement.
- Any institution established
by or under the Agreement may exercise the powers and functions
thereby conferred on it in respect of all or any part of the island
of Ireland notwithstanding any other provision of this Constitution
conferring a like power or function on any person or any organ
of State appointed under or created or established by or under
this Constitution. Any power or function conferred on such an
institution in relation to the settlement or resolution of disputes
or controversies may be in addition to or in substitution for
any like power or function conferred by this Constitution on any
such person or organ of State as aforesaid.
- If the Government
declare that the State has become obliged, pursuant to the Agreement,
to give effect to the amendment of this Constitution referred
to therein, then, notwithstanding Article 46 hereof, this Constitution
shall be amended as follows:
i. the following Articles
shall be substituted for Articles 2 and 3 of the Irish text:
"2. [Irish text to be inserted
here]
3. [Irish text to be inserted
here]"
ii. the following Articles
shall be substituted for Articles 2 and 3 of the English text:
"Article 2
It is the entitlement
and birthright of every person born in the island of Ireland, which
includes its islands and seas, to be part of the Irish nation. That
is also the entitlement of all persons otherwise qualified in accordance
with law to be citizens of Ireland. Furthermore, the Irish nation
cherishes its special affinity with people of Irish ancestry living
abroad who share its cultural identity and heritage.
Article 3
1. It is the
firm will of the Irish nation, in harmony and friendship, to unite
all the people who share the territory of the island of Ireland, in
all the diversity of their identities and traditions, recognising
that a united Ireland shall be brought about only by peaceful means
with the consent of a majority of the people, democratically expressed,
in both jurisdictions in the island. Until then, the laws enacted
by the Parliament established by this Constitution shall have the
like area and extent of application as the laws enacted by the Parliament
that existed immediately before the coming into operation of this
Constitution.
2. Institutions
with executive powers and functions that are shared between those
jurisdictions may be established by their respective responsible authorities
for stated purposes and may exercise powers and functions in respect
of all or any part of the island."
iii. the following section
shall be added to the Irish text of this Article:
"8. [Irish text to be inserted
here]"
and
iv. the following section
shall be added to the English text of this Article:
"8. The State
may exercise extra-territorial jurisdiction in accordance with the
generally recognised principles of international law."
4. If a declaration
under this section is made, this subsection and subsection 3, other
than the amendment of this Constitution effected thereby, and subsection
5 of this section shall be omitted from every official text of this
Constitution published thereafter, but notwithstanding such omission
this section shall continue to have the force of law.
5. If such a declaration
is not made within twelve months of this section being added to this
Constitution or such longer period as may be provided for by law,
this section shall cease to have effect and shall be omitted from
every official text of this Constitution published thereafter.
STRAND ONE
DEMOCRATIC INSTITUTIONS
IN NORTHERN IRELAND
1. This agreement provides
for a democratically elected Assembly in Northern Ireland which is
inclusive in its membership, capable of exercising executive and legislative
authority, and subject to safeguards to protect the rights and interests
of all sides of the community.
The Assembly
2. A 108-member Assembly
will be elected by PR(STV) from existing Westminster constituencies.
3. The Assembly will
exercise full legislative and executive authority in respect of those
matters currently within the responsibility of the six Northern Ireland
Government Departments, with the possibility of taking on responsibility
for other matters as detailed elsewhere in this agreement.
4. The Assembly - operating
where appropriate on a cross-community basis - will be the prime source
of authority in respect of all devolved responsibilities.
Safeguards
5. There will be safeguards
to ensure that all sections of the community can participate and work
together successfully in the operation of these institutions and that
all sections of the community are protected, including:
(a) allocations
of Committee Chairs, Ministers and Committee membership in proportion
to party strengths;
(b) the European
Convention on Human Rights (ECHR) and any Bill of Rights for Northern
Ireland supplementing it, which neither the Assembly nor public bodies
can infringe, together with a Human Rights Commission;
(c) arrangements
to provide that key decisions and legislation are proofed to ensure
that they do not infringe the ECHR and any Bill of Rights for Northern
Ireland;
(d) arrangements to
ensure key decisions are taken on a cross-community basis;
(i) either parallel
consent, i.e. a majority of those members present and voting, including
a majority of the unionist and nationalist designations present and
voting;
(ii) or a
weighted majority (60%) of members present and voting, including at
least 40% of each of the nationalist and unionist designations present
and voting.
Key decisions requiring
cross-community support will be designated in advance, including election
of the Chair of the Assembly, the First Minister and Deputy First
Minister, standing orders and budget allocations. In other cases such
decisions could be triggered by a petition of concern brought by a
significant minority of Assembly members (30/108).
(e) an Equality
Commission to monitor a statutory obligation to promote equality of
opportunity in specified areas and parity of esteem between the two
main communities, and to investigate individual complaints against
public bodies.
Operation of the Assembly
6. At their first meeting,
members of the Assembly will register a designation of identity -
nationalist, unionist or other - for the purposes of measuring cross-community
support in Assembly votes under the relevant provisions above.
7. The Chair and Deputy
Chair of the Assembly will be elected on a cross-community basis,
as set out in paragraph 5(d) above.
8. There will be a Committee
for each of the main executive functions of the Northern Ireland Administration.
The Chairs and Deputy Chairs of the Assembly Committees will be allocated
proportionally, using the d’Hondt system. Membership of the Committees
will be in broad proportion to party strengths in the Assembly to
ensure that the opportunity of Committee places is available to all
members.
9. The Committees will
have a scrutiny, policy development and consultation role with respect
to the Department with which each is associated, and will have a role
in initiation of legislation. They will have the power to:
- consider and advise
on Departmental budgets and Annual Plans in the context of the
overall budget allocation;
- approve relevant secondary
legislation and take the Committee stage of relevant primary legislation;
- call for persons and
papers;
- initiate enquiries
and make reports;
- consider and advise
on matters brought to the Committee by its Minister.
10. Standing Committees
other than Departmental Committees may be established as may be required
from time to time.
11. The Assembly may
appoint a special Committee to examine and report on whether a measure
or proposal for legislation is in conformity with equality requirements,
including the ECHR/Bill of Rights. The Committee shall have the power
to call people and papers to assist in its consideration of the matter.
The Assembly shall then consider the report of the Committee and can
determine the matter in accordance with the cross-community consent
procedure.
12. The above special
procedure shall be followed when requested by the Executive Committee,
or by the relevant Departmental Committee, voting on a cross-community
basis.
13. When there is a
petition of concern as in 5(d) above, the Assembly shall vote to determine
whether the measure may proceed without reference to this special
procedure. If this fails to achieve support on a cross-community basis,
as in 5(d)(i) above, the special procedure shall be followed.
Executive Authority
14. Executive authority
to be discharged on behalf of the Assembly by a First Minister
and Deputy First
Minister and up to ten Ministers with Departmental responsibilities.
15. The First Minister
and Deputy First Minister shall be jointly elected into office by
the Assembly voting on a cross-community basis, according to 5(d)(i)
above.
16. Following the election
of the First Minister and Deputy First Minister, the posts of Ministers
will be allocated to parties on the basis of the d’Hondt system by
reference to the number of seats each party has in the Assembly.
17. The Ministers will
constitute an Executive Committee, which will be convened, and presided
over, by the First Minister and Deputy First Minister.
18. The duties of the
First Minister and Deputy First Minister will include, inter alia,
dealing with and co-ordinating the work of the Executive Committee
and the response of the Northern Ireland administration to external
relationships.
19. The Executive Committee
will provide a forum for the discussion of, and agreement on, issues
which cut across the responsibilities of two or more Ministers, for
prioritising executive and legislative proposals and for recommending
a common position where necessary (e.g. in dealing with external relationships).
20. The Executive Committee
will seek to agree each year, and review as necessary, a programme
incorporating an agreed budget linked to policies and programmes,
subject to approval by the Assembly, after scrutiny in Assembly Committees,
on a cross-community basis.
21. A party may decline
the opportunity to nominate a person to serve as a Minister or may
subsequently change its nominee.
22. All the Northern
Ireland Departments will be headed by a Minister. All Ministers will
liaise regularly with their respective Committee.
23. As a condition of
appointment, Ministers, including the First Minister and Deputy First
Minister, will affirm the terms of a Pledge of Office (Annex A) undertaking
to discharge effectively and in good faith all the responsibilities
attaching to their office.
24. Ministers will have
full executive authority in their respective areas of responsibility,
within any broad programme agreed by the Executive Committee and endorsed
by the Assembly as a whole.
25. An individual may
be removed from office following a decision of the Assembly taken
on a cross-community basis, if (s)he loses the confidence of the Assembly,
voting on a cross-community basis, for failure to meet his or her
responsibilities including, inter alia, those set out in the Pledge
of Office. Those who hold office should use only democratic, non-violent
means, and those who do not should be excluded or removed from office
under these provisions.
Legislation
26. The Assembly will
have authority to pass primary legislation for Northern Ireland in
devolved areas, subject to:
(a) the ECHR and
any Bill of Rights for Northern Ireland supplementing it which, if
the courts found to be breached, would render the relevant legislation
null and void;
(b) decisions by
simple majority of members voting, except when decision on a cross-community
basis is required;
(c) detailed scrutiny
and approval in the relevant Departmental Committee;
(d) mechanisms,
based on arrangements proposed for the Scottish Parliament, to ensure
suitable co-ordination, and avoid disputes, between the Assembly and
the Westminster Parliament;
(e) option of the
Assembly seeking to include Northern Ireland provisions in United
Kingdom-wide legislation in the Westminster Parliament, especially
on devolved issues where parity is normally maintained (e.g. social
security, company law).
27. The Assembly will
have authority to legislate in reserved areas with the approval of
the Secretary of State and subject to Parliamentary control.
28. Disputes over legislative
competence will be decided by the Courts.
29. Legislation could
be initiated by an individual, a Committee or a Minister.
Relations with other institutions
30. Arrangements to
represent the Assembly as a whole, at Summit level and in dealings
with other institutions, will be in accordance with paragraph 18,
and will be such as to ensure cross-community involvement.
31. Terms will be agreed
between appropriate Assembly representatives and the Government of
the United Kingdom to ensure effective co-ordination and input by
Ministers to national policy-making, including on EU issues.
32. Role of Secretary
of State:
(a) to remain responsible
for NIO matters not devolved to the Assembly, subject to regular consultation
with the Assembly and Ministers;
(b) to approve and
lay before the Westminster Parliament any Assembly legislation on
reserved matters;
(c) to represent
Northern Ireland interests in the United Kingdom Cabinet;
(d) to have the
right to attend the Assembly at their invitation.
33. The Westminster
Parliament (whose power to make legislation for Northern Ireland would
remain unaffected) will:
(a) legislate for
non-devolved issues, other than where the Assembly legislates with
the approval of the Secretary of State and subject to the control
of Parliament;
(b) to legislate
as necessary to ensure the United Kingdom’s international obligations
are met in respect of Northern Ireland;
(c) scrutinise,
including through the Northern Ireland Grand and Select Committees,
the responsibilities of the Secretary of State.
34. A consultative Civic
Forum will be established. It will comprise representatives of the
business, trade union and voluntary sectors, and such other sectors
as agreed by the First Minister and the Deputy First Minister. It
will act as a consultative mechanism on social, economic and cultural
issues. The First Minister and the Deputy First Minister will by agreement
provide administrative support for the Civic Forum and establish guidelines
for the selection of representatives to the Civic Forum.
Transitional
Arrangements
35. The Assembly will
meet first for the purpose of organisation, without legislative or
executive powers, to resolve its standing orders and working practices
and make preparations for the effective functioning of the Assembly,
the British-Irish Council and the North/South Ministerial Council
and associated implementation bodies. In this transitional period,
those members of the Assembly serving as shadow Ministers shall affirm
their commitment to non-violence and exclusively peaceful and democratic
means and their opposition to any use or threat of force by others
for any political purpose; to work in good faith to bring the new
arrangements into being; and to observe the spirit of the Pledge of
Office applying to appointed Ministers.
Review
36. After a specified
period there will be a review of these arrangements, including the
details of electoral arrangements and of the Assembly’s procedures,
with a view to agreeing any adjustments necessary in the interests
of efficiency and fairness.
Annex A
Pledge of Office
To pledge:
(a) to discharge in
good faith all the duties of office;
(b) commitment to non-violence
and exclusively peaceful and democratic means;
(c) to serve all the people
of Northern Ireland equally, and to act in accordance with the general
obligations on government to promote equality and prevent discrimination;
(d) to participate with
colleagues in the preparation of a programme for government;
(e) to operate within
the framework of that programme when agreed within the Executive Committee
and endorsed by the Assembly;
(f) to support, and
to act in accordance with, all decisions of the Executive Committee
and Assembly;
(g) to comply with the
Ministerial Code of Conduct.
CODE OF CONDUCT
Ministers must at all times:
- observe the highest
standards of propriety and regularity involving impartiality, integrity
and objectivity in relationship to the steconstituencyship of public
funds;
- be accountable to users
of services, the community and, through the Assembly, for the activities
within their responsibilities, their steconstituencyship 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 forconstituency 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 forconstituency
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 forconstituency
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 forconstituency 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 toconstituencys 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 forconstituency 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 forconstituency
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 toconstituencys 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.
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