RIGHTS, SAFEGUARDS AND EQUALITY OF
OPPORTUNITY
Human Rights
1. The parties affirm their commitment to the mutual
respect, the civil rights and the religious liberties of
everyone in the community. Against the background of
the recent history of communal conflict, the parties affirm
in particular:
the right of free political thought;
the right to freedom and expression of religion;
the right to pursue democratically national and political
aspirations;
the right to seek constitutional change by peaceful and
legitimate means;
the right to freely choose one's place of residence;
the right to equal opportunity in all social and economic
activity, regardless of class, creed, disability, gender or
ethnicity;
the right to freedom from sectarian harassment; and
the right of women to full and equal political participation.
United Kingdom Legislation
2. The British Government will complete incorporation
into Northern Ireland law of the European Convention on
Human Rights (ECHR), with direct access to the courts,
and remedies for breach of the Convention, including
power for the courts to overrule Assembly legislation on
grounds of inconsistency.
3. Subject to the outcome of public consultation
underway, the British Government intends, as a
particular priority, to create a statutory obligation on
public authorities in Northern Ireland to carry out all their
functions with due regard to the need to promote equality
of opportunity in relation to religion and political opinion;
gender; race; disability; age; marital status; dependants;
and sexual orientation. Public bodies would be required
to draw up statutory schemes showing how they would
implement this obligation. Such schemes would cover
arrangements for policy appraisal, including an
assessment of impact on relevant categories, public
consultation, public access to information and services,
monitoring and timetables.
4. The new Northern Ireland Human Rights Commission
(see paragraph 5 below) will be invited to consult and to
advise on the scope for defining, in Westminster
legislation, rights supplementary to those in the
European Convention on Human Rights, to reflect the
particular circumstances of Northern Ireland, drawing as
appropriate on international instruments and experience.
These additional rights to reflect the principles of mutual
respect for the identity and ethos of both communities
and parity of esteem, and - taken together with the
ECHR - to constitute a Bill of Rights for Northern Ireland.
Among the issues for consideration by the Commission
will be:
the formulation of a general obligation on government and
public bodies fully to respect, on the basis of equality of
treatment, the identity and ethos of both communities in
Northern Ireland; and
a clear formulation of the rights not to be discriminated
against and to equality of opportunity in both the public
and private sectors.
New Institutions in Northern Ireland
5. A new Northern Ireland Human Rights Commission,
with membership from Northern Ireland reflecting the
community balance, will be established by Westminster
legislation, independent of Government, with an
extended and enhanced role beyond that currently
exercised by the Standing Advisory Commission on
Human Rights, to include keeping under review the
adequacy and effectiveness of laws and practices,
making recommendations to Government as necessary;
providing information and promoting awareness of human
rights; considering draft legislation referred to them by
the new Assembly; and, in appropriate cases, bringing
court proceedings or providing assistance to individuals
doing so.
6. Subject to the outcome of public consultation
currently underway, the British Government intends a
new statutory Equality Commission to replace the Fair
Employment Commission, the Equal Opportunities
Commission (NI), the Commission for Racial Equality
(NI) and the Disability Council. Such a unified
Commission will advise on, validate and monitor the
statutory obligation and will investigate complaints of
default.
7. It would be open to a new Northern Ireland Assembly
to consider bringing together its responsibilities for these
matters into a dedicated Department of Equality.
8. These improvements will build on existing protections
in Westminster legislation in respect of the judiciary, the
system of justice and policing.
Comparable Steps by the Irish Government
9. The Irish Government will also take steps to further
strengthen the protection of human rights in its
jurisdiction. The Government will, taking account of the
work of the All-Party Oireachtas Committee on the
Constitution and the Report of the Constitution Review
Group, bring 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
10. It is envisaged that there would be a joint committee
of representatives of the two Human Rights
Commissions, North and South, as a forum for
consideration of human rights issues in the island of
Ireland. The joint committee will consider, among other
matters, the possibility of establishing a charter, open to
signature by all democratic political parties, reflecting
and endorsing agreed measures for the protection of the
fundamental rights of everyone living in the island of
Ireland.
Reconciliation and Victims of Violence
11. The participants believe that it is essential to
acknowledge and address the suffering of the victims of
violence as a necessary element of reconciliation. They
look forward to the results of the work of the Northern
Ireland Victims Commission.
12. It is recognised that victims have a right to remember
as well as to contribute to a changed society. The
achievement of a peaceful and just society would be the
true memorial to the victims of violence. The participants
particularly recognise that young people from areas
affected by the troubles face particular difficulties and will
support the development of special community-based
initiatives based on international best practice. The
provision of services that are supportive and sensitive to
the needs of victims will also be a critical element and
that support will need to be channelled through both
statutory and community-based voluntary organisations
facilitating locally-based self-help and support networks.
This will require the allocation of sufficient resources,
including statutory funding as necessary, to meet the
needs of victims and to provide for community-based
support programmes.
13. The participants recognise and value the work being
done by many organisations to develop reconciliation
and mutual understanding and respect between and
within communities and traditions, in Northern Ireland
and between North and South, and they see such work
as having a vital role in consolidating peace and political
agreement. Accordingly, they pledge their continuing
support to such organisations and will positively examine
the case for enhanced financial assistance for the work
of reconciliation. An essential aspect of the
reconciliation process is the promotion of a culture of
tolerance at every level of society, including initiatives to
facilitate and encourage integrated education and mixed
housing.
RIGHTS, SAFEGUARDS AND EQUALITY OF
OPPORTUNITY
Economic, Social and Cultural Issues
1. Pending the devolution of powers to a new Northern
Ireland Assembly, the British Government will pursue
broad policies for sustained economic growth and
stability in Northern Ireland and for promoting social
inclusion, including in particular community development
and the advancement of women in public life.
2. Subject to the public consultation currently under
way, the British Government will make rapid progress
with:
(i) a new regional development strategy for Northern
Ireland, for consideration in due course by a the
Assembly, tackling the problems of a divided society
and social cohesion in urban, rural and border areas,
protecting and enhancing the environment, producing
new approaches to transport issues, strengthening the
physical infrastructure of the region, developing the
advantages and resources of rural areas and rejuvenating
major urban centres;
(ii) a new economic development strategy for Northern
Ireland, for consideration in due course by a the
Assembly, which would provide for short and medium
term economic planning linked as appropriate to the
regional development strategy; and
(iii) measures on employment equality included in the
recent White Paper ("Partnership for Equality") and
covering the extension and strengthening of
anti-discrimination legislation, a review of the national
security aspects of the present fair employment
legislation at the earliest possible time, a new more
focused Targeting Social Need initiative and a range of
measures aimed at combating unemployment and
progressively eliminating the differential in unemployment
rates between the two communities by targeting
objective need.
3. All participants recognise the importance of respect,
understanding and tolerance in relation to linguistic
diversity, including in Northern Ireland, the Irish
language, Ulster-Scots and the languages of the various
ethnic communities, all of which are part of the cultural
wealth of the island of Ireland.
4. In the context of active consideration currently being
given to the UK signing the Council of Europe Charter for
Regional or Minority Languages, the British Government
will in particular in relation to the Irish language, where
appropriate and where people so desire it:
take resolute action to promote the language;
facilitate and encourage the use of the language in
speech and writing in public and private life where there
is appropriate demand;
seek to remove, where possible, restrictions which would
discourage or work against the maintenance or
development of the language;
make provision for liaising with the Irish language
community, representing their views to public authorities
and investigating complaints;
place a statutory duty on the Department of Education to
encourage and facilitate Irish medium education in line
with current provision for integrated education;
explore urgently with the relevant British authorities, and
in co-operation with the Irish broadcasting authorities,
the scope for achieving more widespread availability of
Teilifis na Gaeilige in Northern Ireland;
seek more effective ways to encourage and provide
financial support for Irish language film and television
production in Northern Ireland; and
encourage the parties to secure agreement that this
commitment will be sustained by a new Assembly in a
way which takes account of the desires and sensitivities
of the community.
5. All participants acknowledge the sensitivity of the use
of symbols and emblems for public purposes, and the
need in particular in creating the new institutions to
ensure that such symbols and emblems are used in a
manner which promotes mutual respect rather than
division. Arrangements will be made to monitor this
issue and consider what action might be required.
DECOMMISSIONING
1. Participants recall their agreement in the Procedural
Motion adopted on 24 September 1997 "that the
resolution of the decommissioning issue is an
indispensable part of the process of negotiation", and
also recall the provisions of paragraph 25 of Strand 1
above.
2. They note the progress made by the Independent
International Commission on Decommissioning and the
Governments in developing schemes which can
represent a workable basis for achieving the
decommissioning of illegally-held arms in the
possession of paramilitary groups.
3. All participants accordingly reaffirm their commitment
to the total disarmament of all paramilitary organisations.
They also confirm their intention to continue to work
constructively and in good faith with the Independent
Commission, and to use any influence they may have, to
achieve the decommissioning of all paramilitary arms
within two years following endorsement in referendums
North and South of the agreement and in the context of
the implementation of the overall settlement.
4. The Independent Commission will monitor, review and
verify progress on decommissioning of illegal arms, and
will report to both Governments at regular intervals.
6. Both Governments will take all necessary steps to
facilitate the decommissioning process to include
bringing the relevant schemes into force by the end of
June.
1. The participants note that the development of a
peaceful environment on the basis of this agreement can
and should mean a normalisation of security
arrangements and practices.
2. The British Government will make progress 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.
3. The Secretary of State will consult regularly on
progress, and the response to any continuing
paramilitary activity, with the Irish Government and the
political parties, as appropriate.
4. The British Government will continue its consultation
on firearms regulation and control on the basis of the
document published on 2 April 1998.
5. The Irish Government will initiate a wide-ranging review
of the Offences Against the State Acts 1939-85 with a
view to both reform and dispensing with those elements
no longer required as circumstances permit.
1. The participants recognise that policing is a central
issue in any society. They equally recognise that
Northern Ireland's history of deep divisions has made it
highly emotive, with great hurt suffered and sacrifices
made by many individuals and their families, including
those in the RUC and other public servants. They believe
that the agreement provides the opportunity for a new
beginning to policing in Northern Ireland with a police
service capable of attracting and sustaining support from
the community as a whole. They also believe that this
agreement offers a unique opportunity to bring about a
new political dispensation which will recognise the full
and equal legitimacy and worth of the identities, senses
of allegiance and ethos of all sections of the community
in Northern Ireland. They consider that this opportunity
should inform and underpin the development of a police
service representative in terms of the make-up of the
community as a whole and which, in a peaceful
environment, should be routinely unarmed.
2. The participants believe it essential that policing
structures and arrangements are such that the police
service is professional, effective and efficient, fair and
impartial, free from partisan political control;
accountable, both under the law for its actions and to the
community it serves; representative of the society it
polices, and operates within a coherent and co-operative
criminal justice system, which conforms with human
rights norms. The participants also believe that those
structures and arrangements must be capable of
maintaining law and order including responding
effectively to crime and to any terrorist threat and to
public order problems. A police service which cannot do
so will fail to win public confidence and acceptance.
They believe that any such structures and arrangements
should be capable of delivering a policing service, in
constructive and inclusive partnerships with the
community at all levels, and with the maximum
delegation of authority and responsibility, consistent with
the foregoing principles. These arrangements should be
based on principles of protection of human rights and
professional integrity and should be unambiguously
accepted and actively supported by the entire
community.
3. An independent Commission will be established to
make recommendations for future policing arrangements
in Northern Ireland including means of encouraging
widespread community support for these arrangements
within the agreed framework of principles reflected in the
paragraphs above and in accordance with the terms of
reference at Annex A. The Commission will be broadly
representative with expert and international
representation among its membership and will be asked
to consult widely and to report no later than Summer
1999.
4. The participants believe that the aims of the criminal
justice system are to:
deliver a fair and impartial system of justice to the
community;
be responsive to the community's concerns, and
encouraging community involvement where appropriate;
have the confidence of all parts of the community; and
deliver justice efficiently and effectively.
5. There will be a parallel wide-ranging review of criminal
justice (other than policing and those aspects of the
system relating to the emergency legislation) to be
carried out by the British Government through a
mechanism with an independent element, in consultation
with the political parties and others. The review will
commence as soon as possible, will include wide
consultation, and a report will be made to the Secretary
of State no later than Autumn 1999. Terms of Reference
are attached at Annex B.
6. Implementation of the recommendations arising from
both reviews will be discussed with the political parties
and with the Irish Government.
7. The participants also note that the British Government
remains ready in principle, with the broad support of the
political parties, and after consultation, as appropriate,
with the Irish Government, in the context of ongoing
implementation of the relevant recommendations, to
devolve responsibility for policing and justice issues.
ANNEX A
COMMISSION ON POLICING FOR NORTHERN
IRELAND
Terms of Reference
Taking account of the principles on policing as set out in
the agreement, the Commission will inquire into policing
in Northern Ireland and, on the basis of its findings, bring
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.
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.
1. Both Governments will put in place mechanisms to
provide for an accelerated programme for the release of
prisoners, including transferred prisoners, convicted of
scheduled offences in Northern Ireland or, in the case of
those sentenced outside Northern Ireland, similar
offences (referred to hereafter as qualifying prisoners).
Any such arrangements will protect the rights of
individual prisoners under national and international law.
2. Prisoners affiliated to organisations which have not
established or are not maintaining a complete and
unequivocal ceasefire will not benefit from the
arrangements. The situation in this regard will be kept
under review.
3. Both Governments will complete a review process
within a fixed time frame and set prospective release
dates for all qualifying prisoners. The review process
would provide for the advance of the release dates of
qualifying prisoners while allowing account to be taken of
the seriousness of the offences for which the person was
convicted and the need to protect the community. In
addition, the intention would be that should the
circumstances allow it, any qualifying prisoners who
remained in custody two years after the commencement
of the scheme would be released at that point.
4. The Governments will seek to enact the appropriate
legislation to give effect to these arrangements by the
end of June 1998.
5. The Governments continue to recognise the
importance of measures to facilitate the reintegration of
prisoners into the community by providing support both
prior to and after release, including assistance directed
towards availing of employment opportunities, re-training
and/or re-skilling, and further education.
Validation and Implementation
1. The two Governments will as soon as possible sign a
new British-Irish Agreement replacing the 1985
Anglo-Irish Agreement, embodying understandings on
constitutional issues and affirming their solemn
commitment to support and, where appropriate,
implement the agreement reached by the participants in
the negotiations which shall be annexed to the
British-Irish Agreement.
2. Each Government will organise a referendum on 22
May 1998. Subject to Parliamentary approval, a
consultative referendum in Northern Ireland, organised
under the terms of the Northern Ireland (Entry to
Negotiations, etc.) Act 1996, will address the question:
"Do you support the agreement reached in the
multi-party talks on Northern Ireland and set out in
Command Paper 3883?". The Irish Government will
introduce and support in the Oireachtas a Bill to amend
the Constitution as described in paragraph 2 of the
section "Constitutional Issues" and in Annex B, as
follows: (a) to amend Articles 2 and 3 as described in
paragraph 8.1 in Annex B above and (b) to amend Article
29 to permit the Government to ratify the new
British-Irish Agreement. On passage by the Oireachtas,
the Bill will be put to referendum.
3. If majorities of those voting in each of the referendums
support this agreement, the Governments will then
introduce and support, in their respective Parliaments,
such legislation as may be necessary to give effect to all
aspects of this agreement, and will take whatever
ancillary steps as may be required including the holding
of elections on 25 June, subject to parliamentary
approval, to the Assembly, which would meet initially in
a "shadow" mode. The establishment of the North-South
Ministerial Council, implementation bodies, the
British-Irish Council and the British-Irish
Intergovernmental Conference and the assumption by the
Assembly of its legislative and executive powers will
take place at the same time on the entry into force of the
British-Irish Agreement.
4. In the interim, aspects of the implementation of the
multi-party agreement will be reviewed at meetings of
those parties relevant in the particular case (taking into
account, once Assembly elections have been held, the
results of those elections), under the chairmanship of the
British Government or the two Governments, as may be
appropriate; and representatives of the two Governments
and all relevant parties may meet under independent
chairmanship to review implementation of the agreement
as a whole.
Review procedures following implementation
5. Each institution may, at any time, review any
problems that may arise in its operation and, where no
other institution is affected, take remedial action in
consultation as necessary with the relevant Government
or Governments. It will be for each institution to
determine its own procedures for review.
6. If there are difficulties in the operation of a particular
institution, which have implications for another
institution, they may review their operations separately
and jointly and agree on remedial action to be taken
under their respective authorities.
7. If difficulties arise which require remedial action
across the range of institutions, or otherwise require
amendment of the British-Irish Agreement or relevant
legislation, the process of review will fall to the two
Governments in consultation with the parties in the
Assembly. Each Government will be responsible for
action in its own jurisdiction.
8. Notwithstanding the above, each institution will
publish an annual report on its operations. In addition,
the two Governments and the parties in the Assembly
will convene a conference 4 years after the agreement
comes into effect, to review and report on its operation.
AGREEMENT BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND AND THE GOVERNMENT OF
IRELAND
The British and Irish Governments:
Welcoming the strong commitment to the Agreement
reached on 10th April 1998 by themselves and other
participants in the multi-party talks and set out in Annex
1 to this Agreement (hereinafter "the Multi-Party
Agreement");
Considering that the Multi-Party Agreement offers an
opportunity for a new beginning in relationships within
Northern Ireland, within the island of Ireland and between
the peoples of these islands;
Wishing to develop still further the unique relationship
between their peoples and the close co-operation
between their countries as friendly neighbours and as
partners in the European Union;
Reaffirming their total commitment to the principles of
democracy and non-violence which have been
fundamental to the multi-party talks;
Reaffirming their commitment to the principles of
partnership, equality and mutual respect and to the
protection of civil, political, social, economic and cultural
rights in their respective jurisdictions;
Have agreed as follows:
ARTICLE 1
The two Governments:
(i) recognise the legitimacy of whatever choice is freely
exercised by a majority of the people of Northern Ireland
with regard to its status, whether they prefer to continue
to support the Union with Great Britain or a sovereign
united Ireland;
(ii) recognise that it is for the people of the island of
Ireland alone, by agreement between the two parts
respectively and without external impediment, to
exercise their right of self-determination on the basis of
consent, freely and concurrently given, North and South,
to bring about a united Ireland, if that is their wish,
accepting that this right must be achieved and exercised
with and subject to the agreement and consent of a
majority of the people of Northern Ireland;
(iii) acknowledge that while a substantial section of the
people in Northern Ireland share the legitimate wish of a
majority of the people of the island of Ireland for a united
Ireland, the present wish of a majority of the people of
Northern Ireland, freely exercised and legitimate, is to
maintain the Union and accordingly, that Northern
Ireland's status as part of the United Kingdom reflects
and relies upon that wish; and that it would be wrong to
make any change in the status of Northern Ireland save
with the consent of a majority of its people;
(iv) affirm that, if in the future, the people of the island of
Ireland exercise their right of self-determination on the
basis set out in sections (i) and (ii) above to bring about
a united Ireland, it will be a binding obligation on both
Governments to introduce and support in their respective
Parliaments legislation to give effect to that wish;
(v) affirm that whatever choice is freely exercised by a
majority of the people of Northern Ireland, the power of
the sovereign government with jurisdiction there shall be
exercised with rigorous impartiality on behalf of all the
people in the diversity of their identities and traditions
and shall be founded on the principles of full respect for,
and equality of, civil, political, social and cultural rights,
of freedom from discrimination for all citizens, and of
parity of esteem and of just and equal treatment for the
identity, ethos and aspirations of both communities;
(vi) recognise the birthright of all the people of Northern
Ireland to identify themselves and be accepted as Irish or
British, or both, as they may so choose, and accordingly
confirm that their right to hold both British and Irish
citizenship is accepted by both Governments and would
not be affected by any future change in the status of
Northern Ireland.
ARTICLE 2
The two Governments affirm their solemn commitment to
support, and where appropriate implement, the
provisions of the Multi-Party Agreement. In particular
there shall be established in accordance with the
provisions of the Multi-Party Agreement immediately on
the entry into force of this Agreement, the following
institutions:
(i) a North/South Ministerial Council;
(ii) the implementation bodies referred to in paragraph 9
(ii) of the section entitled "Strand Two" of the Multi-Party
Agreement;
(iii) a British-Irish Council;
(iv) a British-Irish Intergovernmental Conference.
ARTICLE 3 (1) This Agreement shall replace the
Agreement between the British and Irish Governments
done at Hillsborough on 15th November 1985 which shall
cease to have effect on entry into force of this
Agreement.
(2) The Intergovernmental Conference established by
Article 2 of the aforementioned Agreement done on 15th
November 1985 shall cease to exist on entry into force of
this Agreement.
ARTICLE 4
(1) It shall be a requirement for entry into force of this
Agreement that:
(a) British legislation shall have been enacted for the
purpose of implementing the provisions of Annex A to
the section entitled "Constitutional Issues" of the
Multi-Party Agreement;
(b) the amendments to the Constitution of Ireland set out
in Annex B to the section entitled "Constitutional Issues"
of the Multi-Party Agreement shall have been approved
by Referendum;
(c) such legislation shall have been enacted as may be
required to establish the institutions referred to in Article
2 of this Agreement.
(2) Each Government shall notify the other in writing of
the completion, so far as it is concerned, of the
requirements for entry into force of this Agreement. This
Agreement shall enter into force on the date of the
receipt of the later of the two notifications.
(3) Immediately on entry into force of this Agreement,
the Irish Government shall ensure that the amendments
to the Constitution of Ireland set out in Annex B to the
section entitled "Constitutional Issues" of the Multi-Party
Agreement take effect.
In witness thereof the undersigned, being duly authorised
thereto by the respective Governments, have signed this
Agreement.
Done in two originals at Belfast on the 10th day of April
1998.
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.