1. We, the participants in the multi-party negotiations,
believe that the agreement we have negotiated offers a
truly historic opportunity for a new beginning.
2. The tragedies of the past have left a deep and
profoundly regrettable legacy of suffering. We must never
forget those who have died or been injured, and their
families. But we can best honour them through a fresh
start, in which we firmly dedicate ourselves to the
achievement of reconciliation, tolerance, and mutual
trust, and to the protection and vindication of the human
rights of all.
3. We are committed to partnership, equality and mutual
respect as the basis of relationships within Northern
Ireland, between North and South, and between these
islands.
4. We reaffirm our total and absolute commitment to
exclusively democratic and peaceful means of resolving
differences on political issues, and our opposition to any
use or threat of force by others for any political purpose,
whether in regard to this agreement or otherwise.
5. We acknowledge the substantial differences between
our continuing, and equally legitimate, political
aspirations. However, we will endeavour to strive in every
practical way towards reconciliation and rapprochement
within the framework of democratic and agreed
arrangements. We pledge that we will, in good faith,
work to ensure the success of each and every one of the
arrangements to be established under this agreement.
It is accepted that all of the institutional and
constitutional arrangements - an Assembly in Northern
Ireland, a North/South Ministerial Council,
implementation bodies, a British-Irish Council and a
British-Irish Intergovernmental Conference and any
amendments to British Acts of Parliament and the
Constitution of Ireland - are interlocking and
interdependent and that in particular the functioning of
the Assembly and the North/South Council are so
closely inter-related that the success of each depends
on that of the other.
6. Accordingly, in a spirit of concord, we strongly
commend this agreement to the people, North and
South, for their approval.
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.
1.The State may consent to be bound by the British-Irish
Agreement done at Belfast on the day of 1998,
hereinafter called the Agreement.
1.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.
1.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.
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; oapprove relevant secondary legislation and
take the Committee stage of relevant primary legislation;
call for persons and papers; oinitiate enquiries and make
reports; consider and advise on matters brought to the
Committee by its Minister.
10. Standing Committees other than Departmental
Committees may be established as may be required
from time to time.
11. The Assembly may appoint a special Committee to
examine and report on whether a measure or proposal
for legislation is in conformity with equality requirements,
including the ECHR/Bill of Rights. The Committee shall
have the power to call people and papers to assist in its
consideration of the matter. The Assembly shall then
consider the report of the Committee and can determine
the matter in accordance with the cross-community
consent procedure.
12. The above special procedure shall be followed when
requested by the Executive Committee, or by the
relevant Departmental Committee, voting on a
cross-community basis.
13. When there is a petition of concern as in 5(d) above,
the Assembly shall vote to determine whether the
measure may proceed without reference to this special
procedure. If this fails to achieve support on a
cross-community basis, as in 5(d)(i) above, the special
procedure shall be followed.
Executive Authority
14. Executive authority to be discharged on behalf of the
Assembly by a First Minister and Deputy First Minister
and up to ten Ministers with Departmental
responsibilities.
15. The First Minister and Deputy First Minister shall be
jointly elected into office by the Assembly voting on a
cross-community basis, according to 5(d)(i) above.
16. Following the election of the First Minister and
Deputy First Minister, the posts of Ministers will be
allocated to parties on the basis of the d'Hondt system
by reference to the number of seats each party has in
the Assembly.
17. The Ministers will constitute an Executive
Committee, which will be convened, and presided over,
by the First Minister and Deputy First Minister.
18. The duties of the First Minister and Deputy First
Minister will include, inter alia, dealing with and
co-ordinating the work of the Executive Committee and
the response of the Northern Ireland administration to
external relationships.
19. The Executive Committee will provide a forum for the
discussion of, and agreement on, issues which cut
across the responsibilities of two or more Ministers, for
prioritising executive and legislative proposals and for
recommending a common position where necessary
(e.g. in dealing with external relationships).
20. The Executive Committee will seek to agree each
year, and review as necessary, a programme
incorporating an agreed budget linked to policies and
programmes, subject to approval by the Assembly, after
scrutiny in Assembly Committees, on a
cross-community basis.
21. A party may decline the opportunity to nominate a
person to serve as a Minister or may subsequently
change its nominee.
22. All the Northern Ireland Departments will be headed
by a Minister. All Ministers will liaise regularly with their
respective Committee.
23. As a condition of appointment, Ministers, including
the First Minister and Deputy First Minister, will affirm
the terms of a Pledge of Office (Annex A) undertaking to
discharge effectively and in good faith all the
responsibilities attaching to their office.
24. Ministers will have full executive authority in their
respective areas of responsibility, within any broad
programme agreed by the Executive Committee and
endorsed by the Assembly as a whole.
25. An individual may be removed from office following a
decision of the Assembly taken on a cross-community
basis, if (s)he loses the confidence of the Assembly,
voting on a cross-community basis, for failure to meet
his or her responsibilities including, inter alia, those set
out in the Pledge of Office. Those who hold office should
use only democratic, non-violent means, and those who
do not should be excluded or removed from office under
these provisions.
Legislation
26. The Assembly will have authority to pass primary
legislation for Northern Ireland in devolved areas, subject
to:
(a) the ECHR and any Bill of Rights for Northern Ireland
supplementing it which, if the courts found to be
breached, would render the relevant legislation null and
void;
(b) decisions by simple majority of members voting,
except when decision on a cross-community basis is
required;
(c) detailed scrutiny and approval in the relevant
Departmental Committee;
(d) mechanisms, based on arrangements proposed for
the Scottish Parliament, to ensure suitable
co-ordination, and avoid disputes, between the
Assembly and the Westminster Parliament;
(e) option of the Assembly seeking to include Northern
Ireland provisions in United Kingdom-wide legislation in
the Westminster Parliament, especially on devolved
issues where parity is normally maintained (e.g. social
security, company law).
27. The Assembly will have authority to legislate in
reserved areas with the approval of the Secretary of
State and subject to Parliamentary control.
28. Disputes over legislative competence will be decided
by the Courts.
29. Legislation could be initiated by an individual, a
Committee or a Minister.
Relations with other institutions
30. Arrangements to represent the Assembly as a
whole, at Summit level and in dealings with other
institutions, will be in accordance with paragraph 18, and
will be such as to ensure cross-community involvement.
31. Terms will be agreed between appropriate Assembly
representatives and the Government of the United
Kingdom to ensure effective co-ordination and input by
Ministers to national policy-making, including on EU
issues.
32. Role of Secretary of State:
(a) to remain responsible for NIO matters not devolved to
the Assembly, subject to regular consultation with the
Assembly and Ministers;
(b) to approve and lay before the Westminster
Parliament any Assembly legislation on reserved
matters;
(c) to represent Northern Ireland interests in the United
Kingdom Cabinet;
(d) to have the right to attend the Assembly at their
invitation.
33. The Westminster Parliament (whose power to make
legislation for Northern Ireland would remain unaffected)
will:
(a) legislate for non-devolved issues, other than where
the Assembly legislates with the approval of the
Secretary of State and subject to the control of
Parliament;
(b) to legislate as necessary to ensure the United
Kingdom's international obligations are met in respect of
Northern Ireland;
(c) scrutinise, including through the Northern Ireland
Grand and Select Committees, the responsibilities of the
Secretary of State.
34. A consultative Civic Forum will be established. It will
comprise representatives of the business, trade union
and voluntary sectors, and such other sectors as agreed
by the First Minister and the Deputy First Minister. It will
act as a consultative mechanism on social, economic
and cultural issues. The First Minister and the Deputy
First Minister will by agreement provide administrative
support for the Civic Forum and establish guidelines for
the selection of representatives to the Civic Forum.
Transitional Arrangements
35. The Assembly will meet first for the purpose of
organisation, without legislative or executive powers, to
resolve its standing orders and working practices and
make preparations for the effective functioning of the
Assembly, the British-Irish Council and the North/South
Ministerial Council and associated implementation
bodies. In this transitional period, those members of the
Assembly serving as shadow Ministers shall affirm their
commitment to non-violence and exclusively peaceful
and democratic means and their opposition to any use
or threat of force by others for any political purpose; to
work in good faith to bring the new arrangements into
being; and to observe the spirit of the Pledge of Office
applying to appointed Ministers.
Review
36. After a specified period there will be a review of these
arrangements, including the details of electoral
arrangements and of the Assembly's procedures, with a
view to agreeing any adjustments necessary in the
interests of efficiency and fairness.
Annex A
Pledge of Office
To pledge:
(a) to discharge in good faith all the duties of office;
(b) commitment to non-violence and exclusively peaceful
and democratic means;
(c) to serve all the people of Northern Ireland equally, and
to act in accordance with the general obligations on
government to promote equality and prevent
discrimination;
(d) to participate with colleagues in the preparation of a
programme for government;
(e) to operate within the framework of that programme
when agreed within the Executive Committee and
endorsed by the Assembly;
(f) to support, and to act in accordance with, all
decisions of the Executive Committee and Assembly;
(g) to comply with the Ministerial Code of Conduct.
CODE OF CONDUCT
Ministers must at all times:
observe the highest standards of propriety and regularity
involving impartiality, integrity and objectivity in
relationship to the stewardship of public funds;
be accountable to users of services, the community and,
through the Assembly, for the activities within their
responsibilities, their stewardship of public funds and the
extent to which key performance targets and objectives
have been met;
ensure all reasonable requests for information from the
Assembly, users of services and individual citizens are
complied with; and that Departments and their staff
conduct their dealings with the public in an open and
responsible way;
follow the seven principles of public life set out by the
Committee on Standards in Public Life;
comply with this code and with rules relating to the use
of public funds;
operate in a way conducive to promoting good
community relations and equality of treatment;
not use information gained in the course of their service
for personal gain; nor seek to use the opportunity of
public service to promote their private interests;
ensure they comply with any rules on the acceptance of
gifts and hospitality that might be offered;
declare any personal or business interests which may
conflict with their responsibilities. The Assembly will
retain a Register of Interests. Individuals must ensure
that any direct or indirect pecuniary interests which
members of the public might reasonably think could
influence their judgement are listed in the Register of
Interests;