Agreement
Reached
in the
Multi-Party
Negotiations
CONTENTS
DECLARATION OF SUPPORT
- We, the participants in the multi-party
negotiations, believe that the agreement we have negotiated offers
a truly historic opportunity for a new beginning.
- 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.
- 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.
- 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.
- 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.
- Accordingly, in a spirit of concord, we
strongly commend this agreement to the people, North and South,
for their approval.
- 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.
- 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.
DRAFT CLAUSES/SCHEDULES FOR INCORPORATION IN
BRITISH LEGISLATION
- (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 l.
(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.
- 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 selection 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.
- 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.
- 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.
- (Remaining paragraphs along the lines of
paragraphs 2 and 3 of existing Schedule 1 to 1973 Act.)
IRISH GOVERNMENT DRAFT LEGISLATION TO AMEND THE
CONSTITUTION
Add to Article 29 the following section:
- The State may consent to be bound by the
British-Irish Agreement done at Belfast on the 10th day of April,
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:
Airteagal 2
Ta gach duine a shaolaitear in oilean na hEireann,
ar a n-airitear a oileain agus a fharraigi, i dteideal, agus ta de
cheart oidhreachta aige no aici, a bheith pairteach i naisiun na
hEireann. Ta an teideal sin freisin ag na daoine go leir ata cailithe
ar shli eile de reir dli chun bheith ina saoranaigh dEirinn.Ina
theannta sin, is mar ag naisiun na hEireann a choibhneas speisialta
le daoine de bhunadh na hEireann ata ina gconai ar an gcoigrioch agus
arb feiniulacht agus oidhreacht chul doibh agus do naisiun na
hEirea
Airteagal 3
- Is i toil dhiongbhailte naisiun na hEireann,go
sitheach cairdiuil, n daoine go leir a chomhroinneani oilean na
hEireann i bpairt lena in eagsulacht uile a bhfeiniulach a
dtraidisiun, a aontu, a aithint g mhodhanna siochanta amhain le
thromlach na ndaoine, a chur in daonlathach, sa da dhlinse san o:
dheanfar Eire aontaithe a thabh; gcrich. Go dti sin, bainfidh na
dJ achtofar ag an bParlaimint a bhu leis an mBunreacht seo leis an
lii feidhme ceanna, agus beidh an r feidhme ceanna acu, lenar
bhain dlithe, agus a bhi ag na dlithe, a d'achtaigh an Pharlaimint
a bhi; marthain direach roimh theacht ngniomh don Bhunreacht
sea.
- Feadfaidh udarais fhreagracha fai seach na
ndlinsi sin institiuidi ag mbeidh cumhachtai agus feidhmi
feidhmiuchain a chomhroinntear na dlinsi sin a bhunu chun criocl
sonraithe agus feadfaidh na hinst sin cumhachtai agus feidhmeann
fheidhmiu i leith an oileain ar fa< leith aon chuid de."
ii. the following Articles shall be substituted
for Articles 2 and 3 of the English text:
Article 2
It is the entitlement and birthrigh of every
person born in the island of Ireland, which includes its island 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.
Article 3
- 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.
- 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 Tig leis an Stat dlinse a fheidhmiu taobh
amuigh da chrioch de reir bhunrialacha gnath-admhaithe an dli
idirnaisiunta."
and
iv. the following section shall be added to the
English text of this Article:
"8. The State may exercise extraterritorial
jurisdiction in accordance with the generally recognised
principles of international law."
- 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.
- 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.
DEMOCRATIC INSTITUTIONS IN NORTHERN IRELAND
- 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
- A 108-member Assembly will be elected by
PR(STV) from existing Westminster constituencies.
- 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.
- The Assembly operating where appropriate on
a cross-community basis will be the prime source of authority in
respect of all devolved responsibilities.
Safeguards
- 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 nationalistdesignations
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
- 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.
- The Chair and Deputy Chair of the Assembly
will be elected on a cross-community basis, as set out in
paragraph 5(d) above.
- 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.
- 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.
- Standing Committees other than Departmental
Committees may be established as may be required from time to
time.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- The Ministers will constitute an Executive
Committee, which will be convened, and presided over, by the First
Minister and Deputy First Minister.
- 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.
- 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).
- 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.
- A party may decline the opportunity to
nominate a person to serve as a Minister or may subsequently
change its nominee.
- All the Northern Ireland Departments will be
headed by a Minister. All Ministers will liaise regularly with
their respective Committee.
- 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.
- 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.
- 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
- 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).
- The Assembly will have authority to legislate
in reserved areas with the approval of the Secretary of State and
subject to Parliamentary control.
- Disputes over legislative competence will be
decided by the Courts.
- Legislation could be initiated by an
individual, a Committee or a Minister.
Relations with other institutions
- 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.
- Terms will be agreed between appropriate
Assembly representatives and the Government of the United Kingdom
to ensure effective coordination and input by Ministers to
national policy-making, including on EU issues.
- 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.
- 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.
- 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
- 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
- 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 dutiesof
office;
(b) commitment to non-violence andexclusively
peaceful and democraticmeans;
(c) to serve all the people of NorthernIreland
equally, and to act inaccordance with the general obligationson
government to promote equalityand 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
- 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.
- 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.
- 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.
- 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.
- 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 onpolicies
for implementationseparately in each jurisdiction, inrelevant
meaningful areas withinthe competence of bothAdministrations,
North and South;
(iv) to take decisions by agreement onpolicies
and action at an all-islandand cross-border level to beimplemented
by the bodies to beestablished as set out inparagraphs 8 and 9
below.
- 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.
- 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.
- 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.
- 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 forco-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.
- 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 cooperation will also commence contemporaneously
with the transfer of powers to the Assembly.
- 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.
- 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.
- It is understood that the North/South
Ministerial Council and the Northern Ireland Assembly are mutually
interdependent,and that one cannot successfully function without
the other.
- 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.
- Funding to be provided by the two
Administrations on the basis that the Council and the
implementation bodies constitute a necessary public
function.
- The Council to be supported by a standing
joint Secretariat, staffed by members of the Northern Ireland
Civil Service and the Irish Civil Service.
- 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.
- 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.
- 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:
- Agriculture - animal and plant health.
- Education teacher qualifications and
exchanges.
- Transport strategic transport
planning.
- Environment - environmental protection,
pollution, water quality, and waste management.
- Waterways - inland waterways.
- Social Security/Social Welfare entitlements
of cross-border workers and fraud control.
- Tourism - promotion, marketing, research, and
product development.
- Relevant EU Programmes such as SPPR, INTERREG,
Leader II and their successors.
- Inland Fisheries.
- Aquaculture and marine matters.
- Health: accident and emergency services and
other related cross-border issues.
- Urban and rural development.
Others to be considered by the shadow North/ South
Council.
BRITISH-IRISH COUNCIL
- 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.
- 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.
- 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.
- Representatives of members will operate in
accordance with whatever procedures for democratic authority and
accountability are in force in their respective elected
institutions.
- The BIC will exchange information, discuss,
consult and use best endeavours to reach agreement on cooperation
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.
- 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.
- 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.
- The members of the BIC, on a basis to be
agreed between them, will provide such financial support as it may
require.
- 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.
- 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.
- The elected institutions of the members will
be encouraged to develop interparliamentary links, perhaps
building on the British-Irish Interparliamentary Body.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 cooperation between the two
Governments on the all-island or cross-border aspects of these
matters.
- 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.
- 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.
- 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.
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CONTENTS
RIGHTS, SAFEGUARDS AND
EQUALITY OF OPPORTUNITY
Human Rights
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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
- 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
- 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.
- 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.
- 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.
- 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.
- Subject to the public consultation currently
under way, the British Government will make rapid progress
with:
(i) a new regional developmentstrategy for
Northern Ireland, forconsideration in due course by theAssembly,
tackling the problems ofa divided society and socialcohesion in
urban, rural andborder areas, protecting andenhancing the
environment,producing new approaches totransport issues,
strengthening thephysical infrastructure of theregion, developing
the advantagesand resources of rural areas andrejuvenating major
urban centres;
(ii) a new economic developmentstrategy for
Northern Ireland, forconsideration in due course by the Assembly,
which would providefor short and medium termeconomic planning
linked asappropriate to the regionaldevelopment strategy;
and
(iii) measures on employment equalityincluded
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.
- 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.
- 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 cooperation with the Irish broadcasting
authorities, the scope for achieving more widespread
availability of Teilifis na Gaeilge 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.
- 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.
- 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.
- 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.
- 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.
- The Independent Commission will monitor,
review and verify progress on decommissioning of illegal arms, and
will report to both Governments at regular intervals.
- 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.
- 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.
- 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.
- 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.
- The British Government will continue its
consultation on firearms regulation and control on the basis of
the document published on 2 April 1998.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Implementation of the recommendations arising
from both reviews will be discussed with the political parties and
with the Irish Government.
- 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.
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CONTENTS
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.
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CONTENTS
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.
- 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.
- 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.
- 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.
- The Governments will seek to enact the
appropriate legislation to give effect to these arrangements by
the end of June 1998.
- 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 and Implementation
- 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.
- 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 Annex
B, as follows: (a) to amend Articles 2 and 3 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
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AGREEMENT BETWEEN THE
GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND AND THE GOVERNMENT OF IRELAND
The British and Irish Governments:
Welcoming the strong commitment to the Agreement
reached on 10th April 1998 by themselves and other participants in
the multi-party talks and set out in Annex 1 to this Agreement
(hereinafter "the Multi-Party Agreement");
Considering that the Multi-Party Agreement offers
an opportunity for a new beginning in relationships within Northern
Ireland, within the island of Ireland and between the peoples of
these islands;
Wishing to develop still further the unique
relationship between their peoples and the close co-operation between
their countries as friendly neighbours and as partners in the
European Union;
Reaffirming their total commitment to the
principles of democracy and non-violence which have been fundamental
to the multi-party talks;
Reaffirming their commitment to the principles of
partnership, equality and mutual respect and to the protection of
civil, political, social, economic and cultural rights in their
respective jurisdictions;
Have agreed as follows:
ARTICLE 1
The two Governments:
(i) recognise the legitimacy of whatever choice is
freely exercised by a majority of the people of Northern Ireland with
regard to its status, whether they prefer to continue to support the
Union with Great Britain or a sovereign united Ireland;
(ii) recognise that it is for the people of the
island of Ireland alone, by agreement between the two parts
respectively and without external impediment, to exercise their right
of self-determination on the basis of consent, freely and
concurrently given, North and South, to bring about a united Ireland,
if that is their wish, accepting that this right must be achieved and
exercised with and subject to the agreement and consent of a
majority of the people of Northern Ireland;
(iii) acknowledge that while a substantial section
of the people in Northern Ireland share the legitimate wish of a
majority of the people of the island of Ireland for a united Ireland,
the present wish of a majority of the people of Northern Ireland,
freely exercised and legitimate, is to maintain the Union and
accordingly, that Northern Ireland's status as part of the United
Kingdom reflects and relies upon that wish; and that it would be
wrong to make any change in the status of Northern Ireland save with
the consent of a majority of its people;
(iv) affirm that, if in the future, the people of
the island of Ireland exercise their right of self-determination on
the basis set out in sections (i) and (ii) above to bring about a
united Ireland, it will be a binding obligation on both Governments
to introduce and support in their respective Parliaments legislation
to give effect to that wish;
(v) affirm that whatever choice is freely
exercised by a majority of the people of Northern Ireland, the power
of the sovereign government with jurisdiction there shall be
exercised with rigorous impartiality on behalf of all the people in
the diversity of their identities and traditions and shall be founded
on the principles of full respect for, and equality of, civil,
political, social and cultural rights, of freedom from discrimination
for all citizens, and of parity of esteem and of just and equal
treatment for the identity, ethos and aspirations of both
communities;
(vi) recognise the birthright of all the people of
Northern Ireland to identify themselves and be accepted as Irish or
British, or both, as they may so choose, and accordingly confirm that
their right to hold both British and Irish citizenship is accepted by
both Governments and would not be affected by any future change in
the status of Northern Ireland.
ARTICLE 2
The two Governments affirm their solemn commitment
to support, and where appropriate implement, the provisions of the
Multi-Party Agreement. In particular there shall be established in
accordance with the provisions of the Multi-Party Agreement
immediately on the entry into force of this Agreement, the following
institutions:
(i) a North/South Ministerial Council;
(ii) the implementation bodies referred to in
paragraph 9 (ii) of the section entitled "Strand Two" of the
Multi-Party Agreement;
(iii) a British-Irish Council;
(iv) a British-Irish Intergovernmental
Conference.
ARTICLE 3
(1) This Agreement shall replace the Agreement
between the British and Irish Governments done at Hillsborough on
15th November 1985 which shall cease to have effect on entry into
force of this Agreement.
(2) The Intergovernmental Conference established
by Article 2 of the aforementioned Agreement done on 15th November
1985 shall cease to exist on entry into force of this
Agreement.
ARTICLE 4
(1) It shall be a requirement for entry into force
of this Agreement that:
(a) British legislation shall have
been enacted for the purpose of implementing the provisions of Annex
A to the section entitled "Constitutional Issues" of the Multi-Party
Agreement;
(b) the amendments to the Constitution of Ireland
set out in Annex B to the section entitled "Constitutional Issues" of
the Multi Party Agreement shall have been approved by
Referendum;
(c) such legislation shall have been enacted as
may be required to establish the institutions referred to in Article
2 of this Agreement.
(2) Each Government shall notify the other in
writing of the completion, so far as it is concerned, of the
requirements for entry into force of this Agreement. This Agreement
shall enter into force on the date of the receipt of the later of the
two notifications.
(3) Immediately on entry into force of this
Agreement, the Irish Government shall ensure that the amendments to
the Constitution of Ireland set out in Annex B to the section
entitled "Constitutional Issues" of the Multi-Party Agreement take
effect.
In witness thereof the undersigned, being duly
authorised thereto by the respective Governments, have signed this
Agreement.
Done in two originals at Belfast on the 10th day
of April 1998.
For the Government of the United Kingdom of Great
Britain and Northern Ireland
For the Government of Ireland
ANNEX 1
The Agreement Reached in the Multi-Party
Talks
ANNEX 2
Declaration on the Provisions of Paragraph (vi)
of Article 1 In Relationship to Citizenship
The British and Irish Governments declare that it
is their joint understanding that the term "the people of Northern
Ireland" in paragraph (vi) of Article 1 of this Agreement means, for
the purposes of giving effect to this provision, all persons born in
Northern Ireland and having, at the time of their birth, at least one
parent who is a British citizen, an Irish citizen or is otherwise
entitled to reside in Northern Ireland without any restriction on
their period of residence.
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