Articles 2 & 3 of the Constitution will be replaced immediately the Northern Ireland executive starts functioning in a move that cannot be reversed by the Government even if the executive collapses within a short time.
The Government will meet to make a declaration effecting the constitutional changes approved by the May 1998 referendum, once an executive is established. This meeting would take place when powers are devolved to the institutions established under the Belfast Agreement, now expected to be in early December.
While the replacement of the current Articles 2 & 3 was approved by voters, a constitutional mechanism was also approved making their enactment conditional on the devolution of powers to the new institutions.
Legislation was introduced last June to extend by a year the deadline for the constitutional amendments to be enacted. There is no provision for further extension of the deadline, so the amendments approved in the referendum will fall unless power has been devolved from Westminster to the assembly, executive and North-South bodies by June 2000.
The agreement set out procedures to ensure that changes in the Constitution and the establishment of all the institutions take place at the same time. But it leaves open the possibility of the institutions collapsing, while the amendments to the Constitution become permanent, reversible only by referendum.
The existing Articles claiming Northern Ireland as "national territory" have been strongly opposed by unionists. The replacements, if enacted, will say Irish unity can come about only by consent, and make clear there is no territorial claim.
Under the pact, the constitutional changes take effect and the institutions, including the executive, assume their powers "at the same time on the entry into force of the British-Irish Agreement." The agreement does not come into force until: 1. The enactment of British legislation stating that Northern Ireland remains part of the UK, but that its status can be changed with the consent of a majority in a poll in Northern Ireland; 2. The approval of the replacements of Articles 2 & 3 by referendum; 3. The enactment of the legislation needed to establish the institutions agreed in the Belfast Agreement; 4. The two governments have notified each other in writing that the above three events have taken place.
The governments have deferred exchange of notifications until an executive has been formed.