Agreement covers civil rights issues and relationships

The agreement yesterday between the British and Irish governments and the political parties in Northern Ireland aims to end almost…

The agreement yesterday between the British and Irish governments and the political parties in Northern Ireland aims to end almost 30 years of bitter civil and sectarian conflict and lay the foundations of peaceful coexistence between the two communities in Northern Ireland, and between the North and the South.

Running to well over 10,000 words, the agreement seeks to address relationships within Northern Ireland; between Northern Ireland and the Republic; and between the two jurisdictions on this island, England, Scotland and Wales; the so-called three strands of the settlement.

It also contains measures on human and civil rights, policing, prisoners and other issues that have been sources of tension and conflict between the two main traditions in the North. The following is a summary of the document.

Constitutional Issues:

READ MORE

The agreement recognises the consent principle: that change in the status of Northern Ireland can only come about with the consent of a majority of its people. It acknowledges that while a substantial minority in the North and a majority on the island want a united Ireland, the majority in the North currently wishes to maintain the Union.

It says that if that situation changes, there is a binding obligation on both governments to give effect to whatever wish the people of the North express.

It also recognises "the birthright of all the people of Northern Ireland" to identify themselves and be accepted as Irish, British or both. Their right to hold both British and Irish citizenship remains, and would not be changed even if the status of Northern Ireland changed. A number of concrete legislative and constitutional changes are proposed:

The Government of Ireland Act, claiming British jurisdiction over all of Ireland, is to be repealed.

Provision is made for future polls in the North on it status, to be held on the order of the Secretary of State for Northern Ireland. Such polls must be at least seven years apart.

The Irish Government is to hold a referendum to amend Articles 2 and 3 of the Constitution; to allow the State to be bound by this new Agreement and to allow the proposed new North-South bodies exercise powers in the island without constitutional impediment.

Strand One:

There will be a 108-member assembly elected by proportional representation. There are a number of measures to ensure this assembly will not simply be dominated by the likely unionist majority.

Committee chairs, ministerial posts and committee places will be allocated in proportion to party strength. Key decisions of the assembly must be taken on a cross-community basis. For a decision to be made by simple majority, there must be a majority among both nationalist and unionist members. Alternatively a decision can be passed with just 40 per cent of nationalist or unionist votes, but only if its support amounts to 60 per cent of the total voting.

Such key decisions will include the election of a chair of the Assembly, the First Minister and Deputy First Minister, standing orders and budget allocations.

Committees will be established for each of the main executive functions of the present administration of Northern Ireland currently carried out by the Northern Ireland Office. In addition, other standing committees may be established from time to time. The committees will have a policy development, advisory and scrutinising role.

There will be an Executive Authority, with a First Minister, Deputy First Minister and up to 10 ministers with departmental responsibilities. The ministerial posts will also be allocated on a proportional basis.

All ministers must affirm an oath of office undertaking to discharge effectively and in good faith all their responsibilities.

The Assembly will have authority to pass legislation for Northern Ireland in areas of policy devolved to it. It can legislate in other "reserved" areas subject to approval by the British Secretary of State.

This assembly will meet first as an interim body without legislative and executive powers. During this interim period it will agree its standing orders and working practices and prepare for the establishment of the new North-South and east-west institutions. There will also be an interim executive during this period.

Strand Two

A North-South Ministerial Council will be established under legislation at Westminster and the Oireachtas, to bring together ministers from the North and the Republic. This Council is 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".

The Council decisions will be made by agreement between the two sides, and the ministers involved will be accountable to the Oireachtas and the Northern Ireland Assembly respectively. Participation in the Council will be an essential responsibility attaching to relevant posts in the two administrations.

The Council will have a plenary meeting each year, with the Northern Ireland First Minister and Deputy First Minister leading a Northern team, and the Taoiseach leading the Republic's delegation. Otherwise relevant ministers will have bilateral meetings "on a regular and frequent basis".

The Council must exchange information, discuss, consult, try its best to reach agreement and make determined efforts to overcome disagreements.

Each side at such meetings must be in a position to take decisions "within the defined authority of those attending" while remaining accountable to the Assembly and Oireachtas whose approval is required for decisions beyond the "defined authority" of those attending each meeting.

A number of measures are included to ensure that the North-South Council is actually set up, and is not emasculated by those opposed to the concept:

Inaugural meetings of the North-South Ministerial Council, the British-Irish Council and the Assembly in their transitional forms must take place as soon as practically possible after the Assembly elections.

During the transitional period the Council must draw up a work programme covering at least 12 subject areas, with a view to identifying by October 31st areas where mutual co-operation and implementation would benefit both sides. These areas include: animal and plant health; teacher qualifications; transport planning; environmental protection; tourism; social security fraud; and certain EU programmes.

The two governments will take measures to ensure "as an absolute commitment" that bodies to implement cross-Border co-operation actually function at the time of the formal inception of the new Agreement.

It is stated explicitly that the Assembly cannot function without the North-South Council.

The Council can be developed further with the approval of the Assembly and Oireachtas.

A joint Secretariat made up of members of the Northern Ireland Civil Service and the Irish Civil Service will support the Council.

Strand Three:

A British-Irish Council will be established consisting of representatives of the British and Irish governments, devolved institutions in Northern Ireland, Scotland and Wales, the Isle of Man and the Channel Islands. It will hold summit meetings twice a year, and regularly at other times to discuss particular policy sectors.

The Council 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 discussion are listed as transport links, agriculture, environmental, cultural, health and education issues as well as approaches to EU matters.

The Council can agree on common policies and actions, but any individual participant can opt not to participate in such common policies or actions.

The elected parliaments and assemblies of the Council members will be encouraged to develop inter-parliamentary links, perhaps building on the existing British-Irish Parliamentary Body.

British-Irish Intergovernmental Conference

A new British-Irish Agreement will establish an new British-Irish Conference, which will subsume the inter-governmental machinery established under the 1985 AngloIrish Agreement.

The new Conference will take on the role of the one established in 1985, which is being formally abolished. It will meet sometimes at Summit level (Prime Minister to Taoiseach) and otherwise at the level of various ministers to discuss matters of mutual interest.

These matters include specifically: "non-devolved Northern Ireland matters, on which the Irish Government may put forward views and proposals". It will keep the workings of the new institutions established by the new agreement under review.

Rights, Safeguards and Equality of Opportunity

The incorporation of the European Convention on Human Rights into Northern Ireland law will be completed.

A new Northern Ireland Human Rights Commission will be established by Westminster legislation.

A new statutory Equality Commission will replace the Fair Employment Commission, Equal Opportunities Commission, Commission for Racial Equality and Disability Council in Northern Ireland. It would be open to the new Assembly to consider grouping responsibility for these matters into a Department of Equality.

The Irish Government will also establish a Human Rights Commission; proceed as quickly as possible to ratify the Council of Europe framework Convention on National Minorities; 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 of the two human rights commissions will be established.

A new economic development strategy for Northern Ireland is to be developed by the British government.

The importance of respect for and tolerance of the Irish language, Ulster-Scots "and the languages of the various ethnic communities" is explicitly recognised. The British government is to take "resolute action" to promote the Irish language.

Decommissioning

The participants reaffirm their commitment to the total disarmament of all paramilitary organisations, and confirm their intention to work constructively with the Independent Commission on Decommissioning. They are "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 two governments will take the steps needed to bring the relevant decommissioning schemes into force by June.

Meanwhile, the British government is committed to reducing the numbers and role of the security forces in the North, removing security installations, ending emergency powers and taking other measures to normalise the level of security in society.

The Irish Government is to review the Offences Against the State Act with a view to reform and to dispensing with elements of it no longer required.

Policing, Justice and Prisoners

An independent commission will be established to make recommendations for future policing arrangements in the North. The Commission will have expert and international representation and must report by summer 1999.

There will also be a review of criminal justice carried out by the British government with an independent element.

Implementation of the recommendations of both commissions will be discussed with the political parties and the two governments.

The British government also states it remains ready in principle to devolve responsibility for policing and justice issues with the broad support of the political parties and after consultation with the Irish Government.

The two governments will put in place mechanisms for the accelerated release of paramilitary prisoners. However those attached to organisations which have not established a complete and unequivocal ceasefire will not benefit from this. Release dates will be set for all qualifying prisoners.