NORTH/SOUTH MINISTERIAL COUNCIL
1. 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.
2. 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.
3. 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.
4. 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.
5. 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 on policies for
implementation separately in each jurisdiction, in
relevant meaningful areas within the competence of both
Administrations, North and South;
(iv) to take decisions by agreement on policies and
action at an all-island and cross-border level to be
implemented by the bodies to be established as set out
in paragraphs 8 and 9 below.
6. 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.
7. 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.
8. 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.
9. 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 for co-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.
10. 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
co-operation will also commence contemporaneously
with the transfer of powers to the Assembly.
11. 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.
12. 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.
13. It is understood that the North/South Ministerial
Council and the Northern Ireland Assembly are mutually
inter-dependent, and that one cannot successfully
function without the other.
14. 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.
15. Funding to be provided by the two Administrations on
the basis that the Council and the implementation
bodies constitute a necessary public function.
16. The Council to be supported by a standing joint
Secretariat, staffed by members of the Northern Ireland
Civil Service and the Irish Civil Service.
17. 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.
18. 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.
19. 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:
1. Agriculture - animal and plant health.
2. Education - teacher qualifications and exchanges.
3. Transport - strategic transport planning.
4. Environment - environmental protection, pollution,
water quality, and waste management.
5. Waterways - inland waterways.
6. Social Security/Social Welfare - entitlements of
cross-border workers and fraud control.
7. Tourism - promotion, marketing, research, and
product development.
8. Relevant EU Programmes such as SPPR,
INTERREG, Leader II and their successors.
9. Inland Fisheries.
10. Aquaculture and marine matters
11. Health: accident and emergency services and other
related cross-border issues.
12. Urban and rural development.
Others to be considered by the shadow North/ South
Council.
BRITISH-IRISH COUNCIL
1. 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.
2. 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.
3. 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.
4. Representatives of members will operate in
accordance with whatever procedures for democratic
authority and accountability are in force in their
respective elected institutions.
5. The BIC 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 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.
6. 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.
7. 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.
8. The members of the BIC, on a basis to be agreed
between them, will provide such financial support as it
may require.
9. 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.
10. 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.
11. The elected institutions of the members will be
encouraged to develop interparliamentary links, perhaps
building on the British-Irish Interparliamentary Body.
12. 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
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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 co-operation between the two Governments on
the all-island or cross-border aspects of these matters.
7. 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.
8. 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.
9. 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.