Northern Ireland Good Friday Agreement
Date Signed: 10 April, 1998
Accord Type: Comprehensive Peace Agreement
Country: United Kingdom
95.24Implementation Score after 10 years
Provisions in this Accord
Cease Fire
1997
The ceasefire was announced in July of 1997, there was no report of ceasefire violation that year and peace talks continued.
1998
Various groups violated the ceasefire in 1998. In January 1998, the peace talks nearly collapsed as the loyalist Ulster Freedom Fighters (UFF) admitted its involvement in the killings of three Catholics, and thus its violation of the ceasefire. Following this admission, the UFF called off its campaign against killings of Catholics.1 Talks continued and the parties reached a final settlement and signed a comprehensive peace agreement on 10 April 1998.
Following the peace agreement, the Loyalist Volunteer Force — a Protestant paramilitary group in Northern Ireland — announced an “unequivocal” ceasefire before the referendum and campaigned for a no vote.2 After the referendum that took place on 22 May 1998, the hardliner republican group named the Real Irish Republican Army (RIRA), a breakaway faction of the IRA, exploded a bomb in the town of Omagh, 55 miles west of Belfast, on 15 August 1998. In the attack, 28 people were killed and more than 200 were wounded.3 Immediately after the bombing, the RIRA apologized and called for a ceasefire.4
In August, the Irish Republican Socialist Party affiliated with the paramilitary group Irish National Liberation Army (INLA) announced a ceasefire, and thus an end to its 23 years of violence. Nevertheless, the group continued to oppose the peace agreement signed in April.5 The ceasefire was held for the rest of the year.
- “Protestant militia admits it broke ceasefire in Northern Ireland,” Deutsche Presse-Agentur, January 23, 1998.
- “LVF Put Down Guns and Join ‘No’ Campaign,” Daily Record, May 16, 1998.
- “Bomb in Ulster, Exploding Among Shoppers, Kills 28,” New York Times, August 15, 1998.
- “Premiers Pray that Massacre Signals End of Troubles,” The Mirror, August 24, 1998.
- “Northern Ireland Terrorist Group Announces Ceasefire,” BBC, August 22, 1998.
1999
While sporadic violence was carried out against IRA members and by the IRA itself, the ceasefire held.
2000
Throughout the year, the major paramilitary groups from both sides respected the ceasefire. A dissident paramilitary group, the Continuity IRA, exploded a bomb at Mahon’s Hotel in Irvinestown on 7 February 2000.1 Splinter groups who opposed the peace agreement were posing a threat to the peace in Northern Ireland.2
- “Northern Ireland leaders condemn bomb attack, renew peace efforts,” Deutsche Presse-Agentur, February 7, 2000.
- “Two Arrested in Northern Ireland Bomb Attack,” Toronto Star, February 26, 2000.
2001
No ceasefire violation was reported.
2002
No ceasefire violation was reported.
2003
No ceasefire violation was reported.
2004
No ceasefire violation was reported in 2001. However, there was a report that the security official had found a bomb-making factory in Starbane and arrested four dissident Irish republican members.1 There was also a report that the British Army had diffused a bomb in November, which was believed to be implanted by the breakaway faction of the IRA.2
- “World Briefing Europe: Northern Ireland Police Report Bomb Factory,” New York Times, April 30, 2004.
- “World Briefing Europe: Northern Ireland: Bombs Defused,” New York Times, November 26, 2004.
2005
There were no reports of ceasefire.
2006
There were no reports of ceasefire.
2007
There were no reports of ceasefire.
Annex B: Review of the Criminal Justice System
Prisoners
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.
(Note: the GFA does not elaborate on ceasefire provision. This however does not mean that ceasefire was not the part of the accord. Before beginning of the peace negotiation that lead to the accord, the Irish Republican Army (IRA) announced a ceasefire on 19 July 19971. IRA’s commitment to ceasefire was crucial to begin peace talks. And as soon as the moderate unionist leader Mr David Trimble, who was the leader of the biggest protestant party in Northern Ireland, was persuaded by United Kingdom’s Prime Minister Mr. Tony Blair not to vote against the Government’s proposals on weapons decommissioning at the all-party talks on Northern Ireland, the negotiation process proceeded2.)
Powersharing Transitional Government
1998
The principle of power-sharing was built into the 1998 Good Friday Agreement. The DÕHondt method of Proportional Representation was used to ensure that the Unionist (mainly Protestant) and Nationalist (mainly Catholic) communities participated in government in proportion to the seats they won in the new Northern Ireland Assembly. Members of the Assembly were elected by single transferable vote. If the main parties failed to reach an agreement on power-sharing, power would return to London, a situation none of the parties wanted.
As part of the Good Friday Agreement, a new power-sharing Assembly for Northern Ireland was elected on 25 June 1998. In the 108-member Assembly, the Social Democratic and Labour Party (SDLP) won 24 seats, the Ulster Unionist Party (UUP) won 28 seats, the Democratic Unionist Party (DUP) won 20 seats, and Sinn Fein won 18 seats. Through cross-community support, David Trimble from the UUP (representing the Unionist community) was elected First Minister and Séamus Mallon from SDLP (representing the Nationalist community) was elected Deputy-First Minister on 1 July 1998.1
As of December 1998, the Minister posts in the Northern Ireland Executive were not fulfilled.
- Nicholas Whyte, “Northern Ireland Assembly Elections 1998,”ARK, October 14, 2002, accessed January 21, 2013, http://www.ark.ac.uk/elections/fa98.htm.
1999
Power-sharing in the Assembly remained in place. On 29 November 1999, Ministers of Northern Ireland’s Executive branch were appointed. UUP had three Ministers, SDLP had three Ministers, DUP had two Ministers, and Sinn Fein had two Ministers.1 The committee members were also appointed on 29 November 1999, based on the power-sharing provision of the Good Friday Agreement.2
- Nicholas Whyte, “Who’s on the Executive?” ARK, October 14, 2002, accessed January 21, 2013, http://www.ark.ac.uk/elections/gwhoexec.htm.
- Nicholas Whyte, “Northern Ireland Assembly Elections 1998.”
2000
Power-sharing was in place, despite a brief pause. Northern Ireland’s power-sharing Assembly and Executive were suspended between 12 February and 30 May amidst tension related to the decommissioning of weapons.1 The Secretary of State, Peter Mandelson, had told the House of Commons of his intention to suspend the Northern Ireland Assembly, which he did on 12 February. After the Irish Republican Army (IRA) demonstrated its commitment to decommissioning its weapons and to international verification, the power-sharing Assembly and the Executive were restored on the 30th of May.2
- “International,” Keesing’s Record of World Events, 46 (February 2000):43425.
- “Northern Ireland chronology: 2000,” BBC News, April 9, 2003, accessed January 21, 2013, http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/2933941.stm; “International”, 43591.
2001
The power-sharing Assembly and Executive were suspended for 24 hours, on 11 August 2001 and on 22 September 2001. The first suspension was related to the decommissioning of IRA weapons. The second suspension in September happened after a failure to resolve the deadlock on the decommissioning-of-weapons issue and the reinstatement of First Minister David Trimble, who resigned on 1 July 2001.1
- “Northern Ireland chronology: 2001,” BBC News, April 9, 2003, accessed February 21, 2013, http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/2933947.stm.
2002
Power-sharing continued until October 15. Because the disarming provision in the agreement was not implemented, the DUP tabled a motion for the exclusion of Sinn Fein from government. Nationalists were arguing that they would not disarm under the terms set by unionists and for this reason, confidence between the unionists and the nationalists collapsed, leading to the suspension of the Assembly and the Executive starting from 15 October 2002.
2003
Power sharing is suspended.
2004
Power sharing is suspended.
2005
Power sharing is suspended.
2006
Suspension of power-sharing continued until 24 November 2006, when a transitional assembly was installed.1
- “Timeline: Northern Ireland Assembly,” BBC News, January 21, 2013, http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/7932068.stm.
2007
On 7 March 2007, Northern Ireland elected a new 108-member assembly in which the DUP won 36 seats and the Sinn Fein won 28 seats. On 8 May 2007, DUP leader Ian Paisley was sworn in as First Minister and Sinn Féin’s Martin McGuinness was sworn in as Deputy-First Minister. Power-sharing has continued in Northern Ireland since May 2007.1
The Assembly
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;
(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).
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 Hondt system by reference to the number of seats each party has in the Assembly.
Legislation
(b) decisions by simple majority of members voting, except when decision on a cross-community basis is required;
Constitutional Reform
1998
After the Good Friday Agreement, the government of the Republic of Ireland passed the Nineteenth Amendment of the Constitution Act (1998) on 3 June 1998 as required by the Good Friday Agreement.1 Similarly, the British Government repealed the Government of Ireland Act (1920) in November 1998. The Northern Ireland Bill was introduced in the House of Commons on 15 July 1998 and the bill had the third reading in the House of Lords on 17 November. The bill received the royal assent on 19 November 1998.2
After the constitutional amendment from the side of the Republic of Ireland and the enactment of the Northern Ireland Act (1998), the changes sought from the constitutional reform finally took effect on 1 December 1999. The Good Friday Agreement required the establishment of Northern Ireland’s Executive for this provision to go into effect.3
- “Constitution of Ireland,” Department of the Taoiseach, accessed January 21, 2013
- “Northern Ireland Bill Receives Royal Assent,” Hermes Database, November 19, 1998.
- “The Good Friday Agreement – Constitutional Issues,” BBC News, May 2006, accessed January 21, 2013.
1999
Constitutional Reforms took place in 1998.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
2008
No further developments observed.
Constitutional Issues: Annex A and B:
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 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.
Inter-ethnic/State Relations
1998
To promote inter-ethnic cooperation and strengthen the relationship between Northern Ireland and Britain, provisions of the cross-community voting to elect the first and deputy first ministers, sharing ministerial positions among parties based on the DÕHondt method of Proportional Representation, legislation to prove the guarantee of European Convention on Human Rights (ECHR) and any Bill of Rights for Northern Ireland, the establishment of Human Rights Commission, Equality Commission and the establishment of a consultative Civic Forum are provided in the Good Friday Agreement.
The election of Northern Ireland Assembly took place in June 1998 based on the DÕHondt method of Proportional Representation and the First Minister, Deputy First Minster and Ministers in Northern Ireland Executive were elected based on proportional representation in November 1998.1
- “Northern Ireland Assembly Elections 1998,” ARK, accessed January 21, 2013, http://www.ark.ac.uk/elections/fa98.htm.
1999
Regarding the guarantee of European Convention on Human Rights (ECHR) in Northern Ireland, the ECHR has been effective since 2 December 1999, after the establishment of Northern Ireland Executive on 29 November 1999.1 The Northern Ireland Act of 1998 has provided for the establishment of the Northern Ireland Human Rights Commission and the commission finally came into existence on 1 March 1999.2 The Northern Ireland Act 1998 also provided for the establishment of Equality Commission which became operational on 1 September 1999.3
- “Whose human rights in Northern Ireland?” BBC News, October 5, 2000.
- “Northern Ireland Human Rights Commission,” BBC News, accessed January 21, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/equality/hr2.shtml
- “Equality Commission for Northern Ireland,” BBC News, accessed January 21, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/equality/equality…
2000
The Good Friday Agreement provided for the establishment of Civic Forum as a consultative mechanism on social, economic and cultural issues and this form was to be representative of the business, trade union and voluntary sectors, and such other sectors as agreed by the First Minister and the Deputy First Minister. The forum offers its view on social, economic and cultural issues but its views are not binding. The Northern Ireland Act 1998 has provided for the establishment of the Civic Forum. The First and Deputy First Ministers announced the membership of the forum on 25 September 2000 with Chris Gibson as a chairperson of the 60 member forum.1 The forum met for the first time on 9 October 2000. After the suspension of the Northern Ireland Assembly and the Executive, the Civic Forum has not been reactivated. The intention of the First Minister and the deputy First Minister to launch a public consultation similar to Civic Forum did not happen.2
- “Civic Forum,” BBC News, accessed January 21, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/governance/civic2…
- “Devolved Government – The Civic Forum,” accessed January 21, 2013 http://cain.ulst.ac.uk/issues/politics/civicforum/.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
Strand One: Democratic Institutions in Northern Ireland
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.
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.
Legislation
(b) decisions by simple majority of members voting, except when decision on a cross-community basis is required;
Relations with other institutions
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.
(Note: Along with safeguards and relations with other institutions designed to promote cross-community relationships, the Good Friday Agreement also provided for the establishment of North/South Ministrial Council to promote relationships between the United Kingdom and the Republic of Ireland.)
Electoral/Political Party Reform
1998
Before the Good Friday Agreement in 2008, elections of the Northern Ireland Assembly were held based on the Proportional Representation Single Transferable Vote or PR (STV) electoral system. As a matter of fact, Northern Ireland had this electoral system in place since 1985, the year in which the 1962 Election Lat Act (Part 4 of Schedule 1) was changed to a PR (STV) electoral system in the local elections.2 The 1998 elections were held based on a PR (STV) electoral system.
- The Electoral Commission, “The Single Transferable Vote in Northern Ireland,” The Electoral Commission, Accessed January 23, 2013, http://www.electoralcommission.org.uk/__data/assets/electoral_commission… Northern Ireland Act (1998), which was enacted as a result of the Good Friday Agreement, reaffirmed the existing PR (STV) electoral system for the election of members of the new Northern Ireland Assembly.1“Northern Ireland Act 1998,” The National Archives, accessed January 23, 2013, http://www.legislation.gov.uk/ukpga/1998/47/contents.
1999
The 1998 Act maintained the PR(STV) electoral system in Northern Ireland. Elections were held in 2007 based on this electoral system.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
Strand One: Democratic Institutions in Northern Ireland
The Assembly
2. A 108-member Assembly will be elected by PR (STV) from existing Westminster constituencies.
Decentralization/Federalism
1998
The Good Friday Agreement provided for a 108-member elected assembly in Northern Ireland. The assembly would be capable of exercising executive and legislative authority, and subject to safeguards to protect the rights and interests of all sides of the community. According to the accord, the assembly was to be elected by using the Proportional Representative Single Transferable Vote system. In spirit of safeguarding the interest and rights of all sides, the agreement also called for the proportional distribution of committee members in the assembly.
According to the Good Friday Agreement, a First Minister, Deputy First Minister, and up to ten Ministers with departmental responsibilities would discharge the executive authority of the assembly. The selection was based on the dÕHondt system, giving more weight to the largest party in the assembly.
Along with giving legislative and executive authority to the assembly, the Good Friday Agreement also gave power to the Secretary of State to represent Northern Ireland’s interests in the United Kingdom Cabinet and make sure that the United Kingdom’s international obligations are met with respect to Northern Ireland.
So far as the implementation of the decentralization provision in the Good Friday Agreement is concerned, the Northern Ireland Bill, which was introduced in the House of Commons on 15 July 1998, dealt with all aspects of the devolution of power to the assembly in Northern Ireland. The bill had the third reading in the House of Lords on 17 November and got the royal assent on 19 November 1998.1
It is also important to note, considering the transitional arrangements in the agreement, that elections for the assembly took place in July 1998, well before the enactment of the Northern Ireland Bill.
1999
As agreed upon in the Good Friday Agreement, the assembly was elected in 1998. However, it was not until 29 November 1999 that Northern Ireland’s Executive was appointed, based on the strength of the parties in the assembly. The Ulster Unionist Party (UUP) had three ministers, the Social Democratic and Labour Party (SDLP) had three ministers, the Democratic Unionist Party (DUP) had two ministers, and Sinn Fein had two ministers.1 The committee members were also appointed on 29 November 1999 based on the power-sharing provision of the Good Friday Agreement.2
Thus, the decentralization provision of the accord was implemented in 1998.
- Nicholas Whyte, “Who’s on the Executive?” ARK, January 12, 2005, accessed January 21, 2013, http://www.ark.ac.uk/elections/gwhoexec.htm.
- Nicholas Whyte, “Northern Ireland Assembly Elections 1998,” ARK, January 12, 2005, January 21, 2013, http://www.ark.ac.uk/elections/fa98.htm.
2000
While the United Kingdom’s commitment to Northern Ireland’s devolution status remained in place, for issues related to weapon decommissioning, the assembly and executive of Northern Ireland were suspended on 11 February 2000 and restored on 22 May 2000.
2001
The assembly and executive of Northern Ireland were suspended again for 24 hours on 11 August 2001 and 22 September 2001, as recommended by the Secretary of State.1
2002
The assembly and the executive were suspended again on 15 October 2002.
2003
The assembly and the executive were suspended.
2004
The assembly and the executive were suspended.
2005
The assembly and the executive were suspended.
2006
On 24 November 2006, a transitional assembly was installed.
2007
On 7 March 2007, Northern Ireland elected a new assembly.1
- “Timeline: Northern Ireland Assembly,” BBC News, March 9, 2009, accessed January 21, 2013, http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/7932068.stm.
Strand One 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 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;
- approve relevant secondary legislation and take the Committee stage of relevant primary legislation;
- call for persons and papers;
- initiate 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 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 coordinating 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 coordination 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.
Dispute Resolution Committee
1998
The Good Friday Agreement provided that the Courts decide on disputes related to the legislative competence of the Northern Ireland Assembly. This provision (Article 11 of the Northern Ireland Act (1998)) was adopted and went into effect on 19 November 1998. There was no record of dispute regarding the legislative competence of Northern Ireland’s Legislative Assembly.
The Good Friday Agreement, in recognition of the special interest of the Government in Northern Ireland and mutual concern on issues related to Northern Ireland, provided for the establishment of the British-Irish Intergovernmental Conference. The accords provided for the representation of Northern Ireland by invitation. The Northern Ireland Act (1998), in Article 54 (1 and 2), provided for the establishment of the conference with the provision that the First Minister and the Deputy First Minister, acting jointly, would ensure cross-community attendance at the meeting.
The British-Irish Intergovernmental Conference, however, was not established in 1998.
1999
The British-Irish Intergovernmental Conference was inaugurated on 17 December 1999. The inaugural meeting took place at Downing Street, which was chaired by British Prime Minister Tony Blair and Irish Prime Minister Taoiseach Bertie Ahern. The meeting was attended by representatives of the Irish and UK government and representatives of the Northern Ireland’s executive.1
- “The Good Friday Agreement: British-Irish Intergovernmental Conference,” BBC News, May 2006, accessed January 29, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/intergovernmental….
2000
The British-Irish Intergovernmental Conference had continuously met since its inauguration in 1999.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
Dispute Resolution Committee Strand One Democratic Institutions in Northern Ireland
The Assembly: 28. Disputes over legislative competence will be decided by the Courts.
Strand Three 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.
Judiciary Reform
1998
As provided for in the Good Friday Agreement and the Terms of Reference in Annex B, the review group, comprised of four civil servants representing the Secretary of State for Northern Ireland, the Lord Chancellor, the Attorney General, and five independent assessors, was formed. The review group had its first meeting on 1 July 1998 and published a consultation paper on 27 August 1998, distributing copies of this paper to political parties, individual politicians, churches, the judiciary, and a range of voluntary and community organizations with an interest in this issue. The group reviewed the criminal justice system over the past 30 years in Northern Ireland, reviewed recent changes in the legislations, and visited the Republic of Ireland, Belgium, Canada, the Netherlands, Scotland, South Africa, New Zealand, and the US to examine how other jurisdictions deliver criminal justice.1
- “The Good Friday Agreement: Criminal Justice Review,” BBC News, May 2006, accessed January 29, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/policing/criminal… “Criminal Justice System Review Report,” CAIN Web Service, March 30, 2000, accessed January 29, 2013, http://cain.ulst.ac.uk/issues/law/cjr/report30300.htm.
1999
The review group published a progress report in April 1999. After the progress report, the group held a series of nine seminars across Northern Ireland between May and June 1999 in which more than 3,000 individuals, groups, and organizations were invited for their feedback.
2000
The review group published a report on 30 March 2000. In its 447-page review of the criminal justice system in Northern Ireland, the group made 294 recommendations on issues related to human rights, prosecution, courts, the judiciary, victims and wetness, and law reform, among others. These recommendations were also related to the establishment of an independent commission to oversee the appointment of judges, the integration of restorative justice into the judicial system, and the devolution of the criminal justice system to the Northern Ireland Assembly.1
2001
The government was slow to respond to the review group’s report. Therefore, the nationalists and the republicans called for an immediate implementation of the report. This created pressure and on 12 November 2001, the government published its implementation plan for the criminal justice review and a draft justice bill. The proposed justice draft bill, however, did not materialize between 2001 and 2008.
2002
No developments observed this year.
2003
No developments observed this year.
2004
No developments observed this year.
2005
No developments observed this year.
2006
No developments observed this year.
2007
No developments observed this year.
Almost a decade after the signing the Belfast Agreement (i.e., the Good Friday Agreement) and constant insistence from Sinn Fein on the unconditional transfer of police and judicial powers to Northern Ireland, on 4 February 2010, the hardliner Democratic Unionist Party (DUP) and Sinn Fein voted to approve a deal that paved the way for the transfer of judicial and policing powers.1 The deal would allow the Northern Ireland Judicial Appointment Commission (NIJAC) to select and appoint, or recommend for appointment, applicants for all listed judicial offices, up to and including High Court Judge.
Strand Three: Policing and Justice
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 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 nongovernmental expert organisations. The review will be completed by Autumn 1999.
Police Reform
1998
The Independent Commission on Policing in Northern Ireland also known as the Patten Commission began work shortly after its establishment on 3 June 3, 1998. Chris Patten chaired the eight-member Independent Commission. The commission’s main responsibility was to carry out a fundamental review of the overwhelmingly Protestant Royal Ulster Constabulary (RUC) and recommend proposals for a new policing service that 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 cooperative criminal justice system, which conforms with human rights norms.” The commission organized a number of public and private meetings with youth groups. Estimated 10,000 people attended the public meetings with over 1,000 speaking. The commission also received more than approximately 2,500 individual written submission.1
- “A New Beginning: Policing in Northern Ireland,” Independent Commission on Policing for Northern Ireland, 1999, accessed January 29, 2013, http://cain.ulst.ac.uk/issues/police/patten/patten99.pdf.
1999
In May/June 1999 the commission carried out a public opinion survey to understand public attitudes regarding policing in Northern Ireland. The commission also visited various places including a number of police services in Great Britain, South Africa, Spain, and the United States. On 9 September 1999, the Independent Commission on Policing in Northern Ireland submitted its report and made recommendations on issues related to human rights, accountability, policing with the community, structure of the police force, size of the police service, composition of the police service, and other issues. The commission made 175 recommendations.1 The unionist political reactions to the report and its recommendations were not positive.2“Commission on Policing for Northern Ireland,” BBC News, accessed January 29, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/policing/commissi…
2000
As per the recommendation of the commission, an Oversight Commissioner was appointed in May 2000. The government published the Police (Northern Ireland) Bill on 16 May 2000, which was criticized by the SDLP and Sinn Fein. Amendments were made in the bill to address some of SDLP and Sinn Fein’s concerns to get their support for the Bill. The Bill received the Royal Assent on 23 November 2000.
2001
Regarding implementation of the Patten Commission’s recommendations, Secretary of State John Reid published a 75-page long policing plan on 17 August 2001. The plan detailed progress made in areas of Ombudsman, appointment of an Oversight Commissioner, reduction in the police size as well as selecting new recruits on a 50:50 basis. A new Policing Board was set up in September. On 4 November 2001, Royal Ulster Constabulary changed its name to the Police Service of Northern Ireland. On 12 December, the Police Board also changed a badge for the new service and emblem.1“Commission on Policing for Northern Ireland,” accessed January 29, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/policing/commissi…
2002
Significant progress was made in terms of implementing Patten Commission’s recommendations. The first batch of recruits to the Police Service of Northern Ireland graduated in April 2002.1 Nevertheless, it was reported that some Catholic recruits received “actual intimidation.” Other reforms such as community policing and overhauling Special Branch lagged behind in terms of their implementation as suggested by Oversight Commissioner, Tom Constantine. Therefore, Britain revealed plans for increased police reform in November 2002.2
- “First recruits to new Northern Ireland police graduate amid political bickering”, Associated Press, April 5, 2002.
- “Britain reveals plans for increased police reforms in Northern Ireland”, Associated Press Worldstream, November 25, 2002.
2003
A revised police act received a royal assent on 8 April 2003. In his detailed report, Oversight Commissioner Tom Constantine detailed progress s on 175 recommendations of the Patten Commission and suggested that most of the goals had been achieved, including the adoption of a new name, badges and uniforms.1
- “Northern Ireland police reform making ‘excellent progress,’ U.S. overseer says”, Associated Press, December 10, 2003.
2004
While substantial police reform was achieved after the Patten Commission and its recommendations, Sinn Fein boycotted police reform with allegation of a significant gap between the original 1999 reform plan and the action taken by the British Government.1
- “Sinn Fein slowing Northern Ireland police reform, Canadian overseer says”, Associated Press, April 27, 2004.
2005
No developments observed this year.
2006
No developments observed this year.
2007
Sinn Fein had demanded for the prompt and unconditional transfer of power to Northern Ireland. In February 2010 the hardliner Democratic Unionist Party (DUP) and Sinn Fein reached a deal and voted unanimously to approve a devolution bill that paved the way for the transfer of judicial and policing powers.1 A 13,000 strong police force is now reduced to 7,050 as of 2012 of which 30.41 % are Roman Catholic and 67.36% are Protestant. Also, the new police force contains 26.82% female officers.2“Workforce Composition Figures-Police Service of Northern Ireland,” accessed January 29, 2013, http://www.psni.police.uk/index/updates/updates_statistics/updates_workf…
Strand Three Policing and Justice
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 cooperative 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.
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.
Demobilization
1998
In the Good Friday Agreement, the British government committed to reduce the number and role of the armed forces deployed in Northern Ireland, as well as to the removal of security installations and emergency powers in Northern Ireland. At the time of signing the peace agreement in April, an estimated 17,200 British troops were deployed, which increased by 800 during Northern Ireland’s marching season in July.1 The size of the troops, however, was reduced to 15,000 by the end of the year.2 Demobilization of more British troops from Northern Ireland, however, was contingent on the improvement of the security situation in Northern Ireland. It was reported that routine military patrolling decreased substantially and many security and observation posts were vacated since the signing of the accord.3“The Good Friday Agreement — Security,” BBC News, May 2006, accessed January 31, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/policing/security…
- “Blair agrees to meet Loyalist leaders; Northern Ireland,” The Age (Melbourne, Australia), July 9, 1998.
- “More British troops being pulled out of Northern Ireland,” Deutsche Presse-Agentur, November 13, 1998.
1999
No significant progress was reported regarding the demobilization of British troops in 1999. An estimated 15,000 British troops remained in Northern Ireland. In December 1999, however, the British government announced that it would publish a policy paper outlining the decommissioning of the IRA’s weapons and the demobilization of British troops in Northern Ireland.1
- “Shadow of gunmen hangs over Northern Ireland’s new government,” The Associated Press, December 3, 1999.
2000
Since the agreement in 1998, it was reported that some meaningful progress on demobilization and demilitarization had been achieved: 26 base camps were either closed or demolished, the number of army patrols decreased by one-third, and more than 3,000 British troops were demobilized or withdrawn.1 Despite this success, about 2,000 extra British troops were sent to Northern Ireland to boost security during marches in the summer.2
- “Dublin Calls for Soldiers to Start Pulling out of Northern Ireland,” The Scotsman, March 10, 2000.
- “More troops going to Northern Ireland,” The Globe and Mail (Canada), June 28, 2000.
2001
While an extra 1,600 British troops were deployed to support the policing of the Protestant Orange Order march,1 there was an announcement in the British parliament that the British army would dismantle four security installations in Northern Ireland following the IRA’s decision to begin disarmament.2
- “Extra 1,600 British troops to cope with Northern Ireland unrest,” Agence France Presse, June 22, 2001.
- “Britain to cut forces in Northern Ireland after IRA arms move,” Agence France Presse, October 24, 2001.
2002
Issues related to the disarmament of the IRA and demobilization of British troops contributed to the suspension of Northern Ireland’s Assembly and Executive.
2003
Issues related to the disarmament of the IRA and demobilization of British troops contributed to the suspension of Northern Ireland’s Assembly and Executive.
2004
Issues related to the disarmament of the IRA and demobilization of British troops contributed to the suspension of Northern Ireland’s Assembly and Executive.
2005
The British government announced its plan to reduce the troops in Northern Ireland in December 2005 by making the total strength less than 9,000 soldiers.1
2006
No developments observed this year.
2007
The British Army suspended its operation in Northern Ireland starting on 1 August 2007, thus ending a 38-year presence in Northern Ireland. The move reduced the size of the British troops to 5,000, which was compatible with a normal peaceful society as suggested in the peace agreement.1 The Independent Monitoring Commission also confirmed the cutbacks in British troops in Northern Ireland.2
Strand Three Security
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;
(iv) other measures appropriate to and compatible with a normal peaceful society.
Disarmament
1998
The Good Friday Agreement provided for the establishment of the Independent International Commission on Decommissioning (IICD) to monitor, review, and verify the total disarmament of all paramilitary organizations. The deadline for completing the disarmament was May 2000. The Northern Ireland Arms Decommissioning Act (1997), which received Royal Assent on 27 February 1997, had a provision in Article 7 for the establishment of an independent decommissioning commission. The act was enacted before the accord was signed in 1998. Therefore, the Independent International Commission on Decommissioning was already established when the accord was signed and was headed by Canadian General John de Chastelain.1 The disarmament, however, did not start in 1998. The Unionists and the Republicans differed on the interpretation of the wording on decommission as the Republicans claimed that they had no formal links with the Irish Republican Army (IRA) and therefore were not in a position to influence the IRA. The decommissioning issue delayed the formation of the power-sharing executive: David Trimble from the Ulster Unionist Party (UUP) refused to form the government after the July 1998 elections,2“The Good Friday Agreement — Decommissioning,” BBC News, May 2006, accessed January 31, 2013. http://www.bbc.co.uk/northernireland/schools/agreement/policing/decommis… so decommissioning did not begin in 1998.
1999
The decommissioning did not begin in 1999. After the Hillsborough Declaration of 1 April 1999, efforts to break the stalemate and propose a date for the removal of paramilitary weapons failed. As the process stalled, the government asked Senator George Mitchell to review the peace process. In his report, Mitchell concluded that “devolution should take effect, then the Executive should meet, and then the paramilitary groups should appoint their authorised representatives, all on the same day, in that order”.1 Power was devolved in Northern Ireland, the executive was set up, and authorized representatives were appointed on 2 December 1999. In December, the commission had separate talks with representatives of the IRA, the Ulster Freedom Fighters (UFF), the Ulster Volunteer Force (UVF), and the Red Hand Commando (RHC).2
- “Mitchell bows out leaving basis for peace,” The Guardian, November 18, 1999.
- “Northern Ireland paramilitaries will disarm, says De Chastelain,” Agence France Presse, December 10, 1999.
2000
Because no progress was made in terms of decommissioning weapons, the Assembly and the Executive were suspended on 11 February. After protracted negotiations, the IRA allowed two international arms inspectors, the former African National Congress (ANC) negotiator, Cyril Ramaphosa, and the former Finnish president, Martti Ahtisaari, to check that weapons were “completely and verifiably” beyond use.1 For the first time, the IRA opened its weapon caches for two international monitors. In their two-page long report to the IICD, the observers said that they observed that the “weapons and explosive were safely and adequately stored”.2
- “Disarming Northern Ireland,” Washington Time, May 9, 2000.
- “Arms inspectors verify IRA arsenal out of use,” The Globe and Mail (Canada), June 27, 2000.
2001
While the IRA seemed committed to decommissioning their weapons, the Unionists were not satisfied. On 1 June 2001, David Trimble resigned as the First Minister. Also, three IRA suspects were arrested in Colombia for allegedly assisting FARC guerrillas. Under tremendous pressure, the IRA announced on 23 October that they had begun a process of putting arms beyond use. Verification of this by the IICD did not satisfy all Unionists, however.1
2002
After the arrest of IRA suspects in 2001, the 1997 Northern Ireland Arms Decommissioning Act was amended and legally required the Loyalist and Republican groups to put their weapons beyond use under the supervision of the IICD. The amendment was passed on 26 February 2002. The amendment extended the deadline for decommissioning until 27 February 2003 and contained a provision for its annual extension until 2007.1
- “Northern Ireland Arms Decommission (Amendment) Act 2002,” The National Archives, accessed January 31, 2013, www.legislation.gov.uk/ukpga/2002/6/contents.
2003
According to IICD chairman John de Chastelain, considerably large amounts of machine guns, explosives, and detonators were destroyed in October. Nevertheless, the Unionist leader John Trimble maintained that a clear, transparent report of major acts was needed.1 Transparency in decommissioning dominated the peace process in Northern Ireland.
- “Destruction of some IRA weapons fails to defuse distrust,” The Gazette (Montreal, Quebec), October 22, 2003.
2004
Transparency in the Decommissioning Act dominated the peace process throughout 2004. The Unionists maintained that they would only accept actual decommissioning as the way forward in the peace process.1 The IRA, however, maintained that visual proof of decommissioning was impossible, as it was a humiliating demand.2
- “Northern Ireland’s Sinn Fein calls on Unionist party to clarify position,” BBC News, August 10, 2004.
- “Northern Ireland set for peace deal,” Sunday Herald, December 12, 2004.
2005
Significant achievement was made after the IRA announced in July that it had ceased its armed struggle and would “dump arms” in favor of democratic means. According to security estimates, the IRA possessed the following weaponry: 1,000 rifles, 2 tonnes of Semtex, 20-30 heavy machine guns, 7 Surface-to-air missiles (unused), 7 flame throwers, 1,200 detonators, 11 rocket-propelled grenade launchers, 90 hand guns, and 100+ grenades. On September 26, 2005 the IICD was reported to have verified and decommissioned the weaponry.1 A… to IICD chairman General John de Chastelain, two churchmen had witnessed the decommissioning process. The IICD had observed and verified events that put very large quantities of arms beyond use, which the commission believed included all arms in the IRA’s possession.3
- “IRA guns: The list of weapons,” BBC News, September 26, 2005, http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/4284048.stm.
- Brigadier Tauno Nieminen, General John de Chastelain, and Andrew D. Sens, “Report of the Independent International Commission on Decommissioning,” BBC News, September 26, 2005, http://news.bbc.co.uk/2/shared/bsp/hi/pdfs/26_09_05_decommissioning.pdf[… British Prime Minister remarked that the act was “an important step in the transition from conflict to peace in Northern Ireland” and the Irish Prime Minister said that the act was a “landmark development”. Nevertheless, the Unionists were unhappy because there was no photographic evidence.2“IRA ‘has destroyed all its armsÕ,” BBC News, September 26, 2005, http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/4283444.stm.
2006
The decommissioning of IRA weapons was completed in 2005. The disarmament provision of the accord had been implemented.
2007
No further developments observed.
Disarmament: Strand Three
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.
Reintegration
1998
As the Irish and the British governments committed to the reintegration of paramilitary prisoners into society by creating job opportunities, retraining and furthering educational opportunities, a support infrastructure was created in 1998 by the European Union from the European Union Peace and Reconciliation Fund grant. It was reported that the Belfast-based Northern Ireland Voluntary Trust managed the fund. Also, over 26 community based ex-prisoner projects were in operation throughout Northern Ireland related to education, job skills programs, financial and welfare advice, housing and accommodation and family-orientated counseling Ireland.1“The Good Friday Agreement — Prisoners”, BBC News, http://www.bbc.co.uk/northernireland/schools/agreement/policing/prisoner…
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
Strand Three
Prisoners
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 reskilling, and further education.
Prisoner Release
1998
As provided in the accord, British government introduced a bill to release prisoners and the bill had a second reading on 10 June 1998. The bill, Northern Ireland (Sentences) Act 1998, received Royal Assent on 28 July 1998. According to this bill, prisoners affiliated with paramilitary organizations that had established and maintained “a complete and unequivocal case-fire (Article 8 (a) and (b)) are eligible for release. The bill also established The Sentence Review Commission (Article 7) to assess cases on an individual basis.[fn]”Northern Ireland (Sentences) Act 1998,” July 28, 1998, http://www.legislation.gov.uk/ukpga/1998/35/pdfs/ukpga_19980035_en.pdf.[… The Sentence Review Commission was co-chaired by a South African human rights lawyer, Brain Currin, and a retired senior NIO civil servant, Sir John Blelloch.2 It was estimated that between 400 and 420 paramilitary prisoners will be able to apply for early release.3 Prisoner release was a hotly contested issue in the peace process as the Unionists maintained that the release would take place along with disarmament.4 Nevertheless, as of October 1998, a total of 167 prisoners were released.5
- “The Good Friday Agreement — Prisoners,” BBC News, http://www.bbc.co.uk/northernireland/schools/agreement/policing/prisoner…
On 30 July 1998, as required by the 1998 Act, the Secretary of State of Northern Ireland specified supporters of the Continuity Irish Republican Army, the Loyalist Volunteer Force, the Irish National Liberation Army, and the Real Irish Republican Army not eligible for release because they did not maintain a complete and unequivocal ceasefire. On 18 November 1998, the Loyalist Volunteer Force was removed from the list.1“Sentence Review Commissions Annual report 2001,” http://www.sentencereview.org.uk/download/ar01.pdf, accessed 1 February 2013.
- “Terrorists Free Within Weeks,” Daily Record, August 6, 1998.
- “Unionist Conference: Trimble’s vision of a new Northern Ireland deserves support,” Belfast Telegraph, October 23, 1998.
- Keesing’s Record of World Events (Volume 44), October 1998, 42571.
1999
Prisoner release continued in 1999. During Christmas and New Year time, 131 prisoners were granted extended home leave. As of 16 December, 308 prisoners were released.1 evertheless, with the release of high profile prisoners, public support for prisoner release dropped, according to a Belfast Telegraph opinion poll.2“The Good Friday Agreement — Prisoners,” BBC News, http://www.bbc.co.uk/northernireland/schools/agreement/policing/prisoner…
2000
The final batch of prisoners was released on 28 July. A total of 428 pro-British Loyalist and pro-Irish Republican guerrillas were released early under the terms of the Good Friday Agreement.1
- “Britain Frees Northern Irish Prisoners,” ABC News, July 28, 2000, http://abcnews.go.com/International/story?id=83044&page=1; Keesing’s Record of World Events (Volume 46), July 2000, 43685.
2001
The Sentence Review Commission continuously received applications for release of prisoners.
2002
The Sentence Review Commission continuously received applications for release of prisoners.
2003
The Sentence Review Commission continuously received applications for release of prisoners.
2004
The Sentence Review Commission continuously received applications for release of prisoners.
2005
The Sentence Review Commission continuously received applications for release of prisoners.
2006
The Sentence Review Commission continuously received applications for release of prisoners.
2007
The Sentence Review Commission continuously received applications for release of prisoners. Between 1998 and 2012, the commission received a total of 636 applications, of which 506 applications were granted release.1
- “Annual Report 2011/2012,” Sentence Review Commissioners, accessed February 1, 2013, http://www.sentencereview.org.uk.
Strand Three: Prisoners
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.
Paramilitary Groups
1998
The Good Friday Agreement required all paramilitary to cease their activities and maintain ceasefire. While decommissioning of weapons in possession of the IRA remained a main obstacle to the peace process until 2005, the IRA resorted to ceasefire and disbanded itself. The Ulster Defense Association/Ulster Freedom Fighters and Ulster Volunteer Force also resorted to ceasefire and did not participate in any paramilitary activities. They ceased paramilitary activities.
The Continuity Irish Republican Army, the Loyalist Volunteer Force, the Irish National Liberation Army and the Real Irish Republican Army were recognized as terrorist groups, and their commitment to ceasefire was not recognized as they were involved in ceasefire violations after the ceasefire announcement in 1997.[fn]”Paramilitary Groups Across the Divide”, BBC News, accessed 1 February 2013, http://news.bbc.co.uk/2/hi/events/northern_ireland/paramilitaries/69824….
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
Strand Three: Security:
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.
Human Rights
1998
Along with reaffirming a commitment to human rights in the Good Friday Agreement, parties agreed to change legislation in the UK to incorporate the European Convention on Human Rights (ECHR) of the Northern Ireland Act (1998). The Northern Ireland Act of 1998 also provided for the establishment of the Northern Ireland Human Rights Commission. After the approval of the agreement in the referendum, The Northern Ireland Act (1998) guaranteed the establishment of the ECHR in Northern Ireland.
1999
The ECHR became effective on 2 December 1999, after the establishment of the Northern Ireland Executive on 29 November 1999.1
Also, the British government committed to 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. The establishment of the Equality Commission was provided for in the Northern Ireland Act (1998). The commission finally came into existence on 1 March 19992“The Good Friday Agreement: Northern Ireland Human Rights Commission,” BBC News, May 2006, accessed January 21, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/equality/hr2.shtm… became operational on 1 September 1999.3“The Good Friday Agreement: Equality Commission for Northern Ireland,” BBC News, May 2006, accessed January 21, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/equality/equality…
2000
The human rights related provisions in the Good Friday Agreement were implemented between 1998 and 1999.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
GOOD FRIDAY AGREEMENT
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.
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.
Right of Self-Determination
1998
Referendums took place both in Northern Ireland and the Republic of Ireland on 22 May 1998. In Northern Ireland, people were asked “Do you support the Agreement reached at the multi-party talks on Northern Ireland and set out in Command Paper 3883?”.Turnout in the referendum was 81.1 percent of which 71.1 percent supported the agreement. In Republic of Ireland, people were asked “Do you approve of the proposal to amend the Constitution contained in the under mentioned Bill, Nineteenth Amendment of the Constitution Bill, 1998?” Turnout in the referendum was 55.6 percent of which 94.4percent supported the proposed constitutional amendment.1
According to the outcome of the referendum, Northern Ireland would rather stay within the United Kingdom.
- “The 1998 Referendums, Elections – Northern Ireland,” ARK, accessed February 5, 2013, http://www.ark.ac.uk/elections/fref98.htm.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
Constitutional Issues
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.
Citizenship Reform
1998
The referendum of 22 May 1998 in Northern Ireland and the Republic of Ireland approved the Good Friday Agreement, leading to the amendment of Article 2 and 3 of the Republic of Ireland’s Constitution and the repeal of the Government of Ireland Act (1920) from the British side. These constitutional changes, however, did not lead to the citizenship provision in the constitution.
1999
Constitutional amendment did not take place.
2000
Constitutional amendment did not take place.
2001
Constitutional amendment did not take place.
2002
Constitutional amendment did not take place.
2003
Constitutional amendment did not take place.
2004
The Irish government finally amended its constitution on 24 June 2004 (27th Amendment), which stated that an Irish parent born on the island was “entitled [to] be an Irish citizen” (McAuley and Tonge, 2010).12. With this amendment in the Irish Constitution, citizens of Northern Ireland could choose to be citizens of the UK, Ireland, or both.
- “Constitution of Ireland,” Department of the Taoiseach, accessed January 21, 2013, http://www.taoiseach.gov.ie/attached_files/html%20files/Constitution%20o…(Eng)Nov2004.htm
- James W. McAuley and Jonathan Tonge, “Britishness (and Irishness) in Northern Ireland since the Good Friday Agreement”, Parliamentary Affairs 63, no. 2 (2010): 266—285
2005
The citizenship provision of the accord was implemented in 2004.
2006
No further developments observed.
2007
No further developments observed.
Constitutional Issues
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:
(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.
Women's Rights
1998
The accord does not stipulate any specific programs or laws to be changed in the country. Women’s representation in politics is increasing but remains well below 50 percent. In a 108 member assembly, there were 18 women recently elected.1 However, law ensuring equal treatment of both women and men in employment was not passed.
- “Northern Ireland Assembly Elections 1998, Northern Ireland Elections,” ARK, accessed February 5, 2013, http://www.ark.ac.uk/elections/fa98.htm.
1999
No developments observed this year.
2000
So far as the advancement of women in economic and social life and employment opportunities, the statutory laws of Northern Ireland (Year 2000, No. 8) ensure equal treatment of both women and men in terms of employment opportunities.1
- “Statutory Rules of Northern Ireland,” Government of the United Kingdom Legislation (2000, No. 8), accessed February 5, 2013, http://www.legislation.gov.uk/nisr/2000/8/pdfs/nisr_20000008_en.pdf.
2001
Law ensuring equal treatment of both women and men in employment was not passed in 2000. In 2001, 14 women were elected to the assembly, which increased the number to 20 in total or 18% in 2011.1
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
Strand Three: Rights, Safeguards and Equality of Opportunity
Human Rights
– the right of women to full and equal political participation.
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.
Education Reform
1998
The Northern Ireland Act brought about substantial changes in terms of outlining strategies to deal with the treatment of languages, a Center Community Relations Unit was established to come up with a language use policy concerning the Irish language.
Several measures were adopted regarding the use of the Irish language in schools. On 21 July 1998, the UK government issued Education (Northern Ireland) Order 1998 [1998 No. 1759 (N.I. 13)], devolving power to the Department of Education to support and promote Irish language education and Irish-medium schools. In December, the government of Northern Ireland also passed the Education Act.
1999
The Northern Ireland Act (1998) brought about substantial changes in terms of outlining strategies to deal with the treatment of languages, the North/South Language Implementation Body was established in December 1999.
2000
The Northern Ireland Act (1998) brought about substantial changes in terms of outlining strategies to deal with the treatment of languages, the government signed the charter for Regional or Minority Languages in 2000.
In 2000, the Department of Education established Comhairle na Gaelscolaíochta (CnaG), a representative body for Irish-medium education. According to the CnaG, there were around 90 Irish-medium schools at the pre-school, primary, and post-primary levels as of 2012, which provided an Irish-medium education to almost 5,000 children.1 There appeared to be steady progress in the promotion of Irish-medium education. Before the agreement, fewer than 500 students were enrolled in Irish language schools.
- “Comhairle na Gaelscolaíochta”, accessed February 7, 2013, http://www.comhairle.org/english/.
2001
No developments observed this year.
2002
No developments observed this year.
2003
No developments observed this year.
2004
In 2004, 3,713 students attended Irish language schools. This number had remained relatively steady since 2004.
2005
No developments observed this year.
2006
No developments observed this year.
2007
No implementations reported in this year.
The Democratic Unionist Party (DUP) failed to introduce the Irish Language Act in June 2008.1
Education Reform
Rights, Safeguards and Equality of Opportunity
Economic, Social and Cultural Issues
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: place a statutory duty on the Department of Education to encourage and facilitate Irish medium education in line with current provision for integrated education.
Official Language and Symbol
1998
Substantial changes took place in terms of strategies outlining to promote language in the Northern Ireland Act (1998). In terms of the use of Irish language in schools, several measures were adopted. On 21 July 1998, the UK government issued Education (Northern Ireland) Order 1998 [1998 No. 1759 (N.I. 13)], in which the government devolved power to the Department of Education to support and promote Irish language education and Irish Medium schools. In December, the Northern Ireland government also passed the Education Act. Irish language is voluntarily used in schools and media outlets use the Irish language.
In terms of sensitivity of symbols as specified in the Good Friday Agreement, the flying of the Union flag on public buildings and the Royal Ulster Constabulary (RUC) stations had increasingly been opposed by both the unionist and the republican. In 1998, however, the Chief Constable Sir Ronnie Flanagan issued a recommendation for an immediate stop of flying the Union flag outside all RUC stations.
1999
A Center Community Relations Unit was established to come up with a language use policy that included Irish language, establishment of the North/South Language Implementation Body in December 1999. Also, the Minister for Education in December 1999 decided not to fly a Union flag over the buildings housing the department.
2000
After the establishment of the North/South Language Implementation Body in December 1999, the government signed on the charter for Regional or Minority Languages in 2000.
Parties hotly debated issue of flying Union flags on public buildings at the Northern Ireland Assembly in June 2000. Sinn Fein had ordered departments under their control not to fly the Union Flag.1 On 8 November 2000, the government issued the Statutory Rules of Northern Ireland (No. 347) on flags,2 which came into effect on 11 November 2000. It specified certain days and occasions the Union flag could be flown. The legislation reduced the flag flying days from 21 to 17.3“Good Friday Agreement – Symbols and Emblems,” BBC News, accessed February 7, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/culture/symbols2….
- “Tense opening for Northern Ireland Assembly”, United Press International, June 5, 2000.
- “The Flags Regulation (Northern Ireland),” 2000.
2001
Sinn Fein had challenged the Flag order which a High Court judge dismissed on 4 October 2001.1“Good Friday Agreement-Symbols and Emblems,” BBC News, accessed February 7, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/culture/symbols2….
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
Strand Three
Rights, Safeguards and Equality of Opportunity:
Economic, Social and Cultural Issues:
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.
Minority Rights
1998
After the signing of the accord, the government was committed to minority rights related to the use of language. The Northern Ireland Act (1998), which came into effect on 19 November 1998, outlined strategies for promoting the Irish language and Ulster language (Article 28D). But, the government had yet to sign the Charter recognizing Irish, Scottish, Ulster and other languages.
1999
To promote minority languages, the government set up Center Community Relations Unit to come up with a language use policy for Irish, Ulster and the languages of other communities. In December 1999, the North/South Language Implementation Body came into effect to enforce government’s commitment to support linguistic diversity as specified in the accord.1“The Good Friday Agreement: Culture,” BBC News, accessed February 7, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/culture/irish2.sh…
2000
The UK government signed the charter for Regional or Minority Languages on 2 March 2000. After the signing, the government recognized the Irish, Ulster, Scots, Welsh, etc. languages.1
2001
The government on 27 March 2001 ratified the Council of Europe Charter and recognized Irish, Welsh and Scottish language for Part III, which suggests commitment of the government to adopt measures to promote the use of local or minority languages.1 In 2001, a pilot scheme for Irish Language TV and film production started.
2002
A minority rights provision in the accord was implemented. Between 1998 and 2001, government took various measures to promote linguistic diversity.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
Minority Rights: Rights, Safeguards and Equality of Opportunity
Economic, Social and Cultural Issues
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.
Reparations
1998
The Good Friday Agreement had provided for the allocation of resources, including statutory and funding as necessary to meet the needs of victims of the trouble. The accord also recognizes the role of the Northern Ireland Victim’s Commission. The Northern Ireland Victim’s Commission was responsible for coming up with a report on how the 3,600 victims and 40,000 injured during the troubles should be remembered. On 13 May 1998, the commission made its recommendation for compensation to victims of violence and their support groups; an official ombudsman was organized to deal with demands and grievances of victims, creation of physical memorial, among other recommendations.
1999
After the recommendation, the government appointed Sir Ken Bloomfield to review the Criminal Injuries Compensation System. On 26 May 1999 the Northern Ireland (Location of VictimsÕ Remains) Act 1999 was passed and created the Independent Commission for the Location of Victims’ Remains to locate remains of victims.
2000
No developments observed this year.
2001
No developments observed this year.
2002
No developments observed this year.
2003
No developments observed this year.
2004
No developments observed this year.
2005
No developments observed this year.
2006
In 2006, Commission for Victims and Survivors for Northern Ireland was established under the office of the First Minister and First Deputy Minister. Among other responsibilities, the commission had r to manage a victims fund to help victims.2
- “Good Friday Agreement-Symbols and Emblems,” BBC News, accessed February 7, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/culture/symbols2….
The government had also established the Community Relations Council to administer Victim and Survivor Group’s funding (approximately £400,000 annually) and fund community/voluntary groups.1“Community Relations Council — Office of the First Minister and Deputy First Minister,” accessed February 7, 2013, http://www.ofmdfmni.gov.uk/index/equality/victims/funding.htm.
2007
No futher developments observed.
Strand Three: 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 channeled 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.
Economic and Social Development
1998
The Good Friday Agreement outlined a broad economic and social reform agenda. In particular, the accord aimed for policies promoting sustained economic growth and community development in Northern Ireland. To achieve these initiatives, the accord required the British government to come up with measures that needed to be taken for employment equality, including a new regional development strategy, in Northern Ireland for the Assembly to consider.
In terms of promoting employment equality, the Northern Ireland Act (1998) also provided for the establishment of the Equality Commission, which became operational on 1 September 1999.1“The Good Friday Agreement: Equality Commission for Northern Ireland,” BBC News, May 2006, accessed January 21, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/equality/equality…
1999
The Economic Development Strategy Review Steering Group was launched in March 1999 to provide recommendations for broad social and economic reforms. This group produced Strategy 2010: A Draft Economic Policy Review. In the report, the group made 62 different recommendations.2
The Department for Social Development was established in 1999, which was responsible for urban regeneration, community, and voluntary sector development, social legislation, housing, social security benefits, pensions, and child support.3 Similarly, the government established the Department of Enterprise, Investment, and Trade to formulate and develop economic policy.4
- “The Good Friday Agreement: New Economic Development Strategy,” BBC News, May 2006, accessed February 13, 2013, http://www.bbc.co.uk/northernireland/schools/agreement/economy/economic1…
For the regional development strategy, the government commissioned a regional Strategic Framework for Northern Ireland, which produced a document in June 1997. The document laid out Northern Ireland’s future development plans for the next two and half decades.1“The Good Friday Agreement: New Economic Development Strategy,”
- “Department for Social Development,” DSD, accessed February 13, 2013, http://www.dsdni.gov.uk/index/about_dsd.htm.
- “Department of Enterprise, Trade and Investment,” accessed February 13, 2013, http://www.detini.gov.uk/deti-about-home.htm.
2000
The final draft of the Regional Strategic Framework was considered by the Assembly in 2000.1
2001
The economic and social reform provisions of the accord were implemented by 2000. While still economically recovering after ten years of signing the Good Friday Agreement, the government’s active involvement in the economic activities generated a lot of confidence in the private sector for investment. Between 1998 and January 2000, the unemployment rate declined rapidly from around 9% to below 5%.
2002
The unemployment rate remained steady.
2003
No developments observed this year.
2004
No developments observed this year.
2005
No developments observed this year.
2006
No developments observed this year.
2007
This trend in the unemployment rate remained very stable until December 2007.
As the world economy suffered a financial crisis starting in 2008, the unemployment rate in Northern Ireland increased rapidly and stood at above 8% by the end of December 2008.1
- “Ireland Unemployment Rate,” Trading Economics, accessed February 13, 2013, http://www.tradingeconomics.com/ireland/unemployment-rate.
Strand Three: 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;
(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.
Ratification Mechanism
1998
Referendums took place both in Northern Ireland and the Republic of Ireland on 22 May 1998. In Northern Ireland, people were asked “Do you support the Agreement reached at the multi-party talks on Northern Ireland and set out in Command Paper 3883?”Turnout in the referendum was 81.1% of which 71.1% supported the agreement. In Republic of Ireland, people were asked “Do you approve of the proposal to amend the Constitution contained in the under mentioned Bill ? Nineteenth Amendment of the Constitution Bill, 1998.” Turnout in the referendum was 55.6% of which 94.4% supported the proposed constitutional amendment.1 As such, the Good Friday Agreement was ratified in the referendum.
Following the referendum, the 19th constitutional amendment in the Republic of Ireland took place on 3 June 1998.2 Similarly, the British Government repealed the Government of Ireland Act 1920 in November 1998. The Northern Ireland Bill was introduced in the House of Commons on 15 July 1998 and the bill had its third reading in the House of Lords on 17 November. The bill got the royal assent on 19 November 1998.3
- “The 1998 Referendums, Elections- Northern Ireland,” ARK, accessed February 5, 2013, http://www.ark.ac.uk/elections/fref98.htm.
- “Constitution of Ireland,” accessed January 21, 2013, http://www.taoiseach.gov.ie/attached_files/html%20files/Constitution%20o…(Eng)Nov2004.htm.
- “Northern Ireland Bill Receives Royal Assent,” Hermes Database, November 19, 1998.
1999
The Good Friday Agreement was ratified in the 1998 referendum.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
Validation, Implementation and Review
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.
Detailed Implementation Timeline
1998
Provision related to replacing the 1985 Anglo-Irish Agreement as well as provision related to referendum in both places. However, the decommissioning of all paramilitary organizations did not happen in 1998.
1999
While referendum provision and constitutional change provision met the initial implementation timeline, decommissioning of paramilitary did not happen within two years.
2000
No developments observed this year.
2001
No developments observed this year.
2002
No developments observed this year.
2003
No developments observed this year.
2004
No developments observed this year.
2005
The decommission process was completed in 2005.
2006
No further developments observed.
2007
No further developments observed.
Strand Three: 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.
Decommissioning
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.
Independence Referendum
1998
Referendums took place both in Northern Ireland and the Republic of Ireland on 22 May 1998. In Northern Ireland, people were asked “Do you support the Agreement reached at the multi-party talks on Northern Ireland and set out in Command Paper 3883?”Turnout in the referendum was 81.1% of which 71.1% supported the agreement. In Republic of Ireland, people were asked “Do you approve of the proposal to amend the Constitution contained in the under mentioned Bill ? Nineteenth Amendment of the Constitution Bill, 1998.” Turnout in the referendum was 55.6% of which 94.4% supported the proposed constitutional amendment.[fn]”The 1998 Referendums, Elections- Northern Ireland,” ARK, accessed February 5, 2013, http://www.ark.ac.uk/elections/fref98.htm.[/efn_note]
According to the outcome of the referendum, Northern Ireland would stay within the United Kingdom.
1999
Referendum took place in 1998.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
Validation, Implementation and Review
Validation and Implementation
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.
Review of Agreement
1998
Each party was free to review progress at any time. In addition, the British and Irish governments published annual reviews pertaining to the progress that had been made. However, changes to the agreed framework would have to be passed by the Northern Ireland Assembly. Each government was free to review progress at any moment. In addition, each government published annual reviews of progress. However, changes to the agreed framework would have to be passed by the Northern Irish Assembly.
1999
September — November 1999, Senator Mitchell chairs a review of the Belfast Agreement. The Patten Commission on Policing in Northern Ireland releases its recommendations for a radical overhaul of the police service.
2000
In May 2000, British Prime Minister Tony Blair and Irish Taoiseach Bertie Ahern arrive in Northern Ireland for talks as part of a review of the Belfast Agreement. Peter Mandelson offers to reduce the presence of British Army soldiers in Northern Ireland by an unspecified number if the IRA keeps to its promise on decommissioning.[fn]”Chronology: Northern Ireland,” Conciliation Resources, accessed February 9, 2015, http://www.c-r.org/our-work/accord/northern-ireland/chronology.php.[/efn_note]
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
2006
No further developments observed.
2007
No further developments observed.
Strand 1: Democratic Institutions in Northern Ireland: 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.
Verification/Monitoring Mechanism
1998
The accord provided for the establishment of Independent International Commission on Decommissioning to monitor, review and verify the total disarmament of all paramilitary organizations. The deadline for completing the disarmament was May 2000. The Northern Ireland Arms Decommissioning Act (1997), which received Royal Assent on 27 February 1997, had a provision in Article 7 for the establishment of an independent international decommissioning commission. The act was enacted before the accord was signed in 1998. Therefore, the Independent International Commission on Decommissioning was already established when the accord was signed and was headed by Canadian General John de Chastelain.[fn]”Northern Ireland on track,” The Washington Times, December 15, 1997.[/efn_note]
The IICD verified that the decommissioning of paramilitary weapons did not take place in 1998.[fn]”IRA guns: The list of weapons,” BBC News, September 26, 2005, http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/4284048.stm.[/efn_note]
1999
The IICD verified that the decommissioning of paramilitary weapons did not take place in 1999.1
2000
The IICD verified that the decommissioning of paramilitary weapons did not take place in 1998.1
2001
The IICD verified that the decommissioning of paramilitary weapons did not take place in 1998.1
2002
The IICD verified that the decommissioning of paramilitary weapons did not take place in 1998.1
2003
While the IICD’s effectiveness was contingent on paramilitary compiling the provisions in accords and because the Government of Republic of Ireland and the United Kingdom committed themselves in finding peaceful means of resolving differences on political issues and opposed any use or threat of force for any political purpose (Good Friday Agreement, Declaration of Support, Article 4), and because peace process stalled on issues related to decommissioning of weapons, the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland reached an agreement in Dublin on 25 November 2003 to establish an independent International Monitoring Commission (IMC) to monitor any activities by a paramilitary activities and report its findings to the two governments in six month intervals.1
- “Independent Monitoring Commission Act 2003,” accessed February 4, 2013, http://www.irishstatutebook.ie/pdf/2003/EN.ACT.2003.0040.pdf.
2004
The commission has a provision for four members from the United Kingdom, Ireland, Northern Ireland and the United States. The monitoring commission was inaugurated in January and the commission submitted its first report on paramilitary activities on 20 April 2004.1 In 2004, the commission submitted three reports on paramilitary activities.
- “First Report of the Independent Monitoring Commission (HC 516),” Independent Monitoring Commission (IMC), London: The Stationery Office (TSO), April 20, 2004.
2005
Because the IICD could only verify weapon decommissions and cannot compel paramilitaries to decommission their weapons, the IICD failed to gain trust among unionists. It was only after the IRA announcement in July 2005 that it had ceased its armed struggle and would “dump arms” in favor of democratic means.1 According to the IICD chairman General John de Chastelain, two churchmen had witnessed the decommissioning process.2“Report of the Independent International Commission on Decommissioning,” BBC News, September 26, 2005, http://news.bbc.co.uk/2/shared/bsp/hi/pdfs/26_09_05_decommissioning.pdf….
In 2005, the Independent Monitoring Commission submitted three reports on paramilitary activities.
2006
In 2006, the Independent Monitoring Commission submitted five reports on paramilitary activities.
2007
In 2007, the Independent Monitoring Commission submitted five reports on paramilitary activities.
The Independent Monitoring Commission continued to submit its reports, which was terminated in 2011. By 2011, the commission submitted twenty-six reports.
Disarmament: Strand Three
Decommissioning
4. The Independent Commission will monitor, review and verify progress on decommissioning of illegal arms, and will report to both Governments at regular intervals.
Please always cite: “Annualized implementation data on comprehensive intrastate peace accords, 1989–2012.” Madhav Joshi, Jason Michael Quinn, and Patrick M. Regan. Journal of Peace Research 52 (2015): 551-562.