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These papers were digitized by Dr Shelley Deane, Annabel Harris, Isha Pareek, Antoine Yenk, Ruth Murray and Eleanor Williams. We are very grateful to the library and archives staff at Bowdoin College for all their kindness and help in assembling this material, particularly Kat Stefko and Anne Sauer.
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{4} {[FINAL 1/4/98]} {Irish Draft}
_Security Issues_
_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 practises_
_Participants to note the intention of the_ British Government to make progress towards _the_ objective of _acceptable_ policing 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 Army 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 appropriate measures consistent with a move to normalisation_
_Participants to note that_ the Secretary of State to consult regularly on progress, and the response to continuing paramilitary activity, _with the Irish Government through the British-Irish Intergovernmental Conference_ and the Assembly.
[Legally-held weapons?]
_Participants also to note that the Irish Government intends to initiate a wide-ranging review of the Offences Against the State Acts 1939-85 with a view to both reform and dispensing with those elements no longer required as circumstances permit._
_Policing and Justice_
Participants recognise that policing is a central issue in any society. _They equally recognise_ that Northern Ireland's history of deep divisions have made _it_ highly emotive, with great hurt suffered and sacrifice made by many individuals. They _believe that this agreement offers_ a unique opportunity to bring about a new political dispensation which will recognise the full and equal legitimacy and wroth of the identities, senses of allegiance and ethos of _both communities_ in Northern Ireland. They consider that this opportunity should _inform and_ underpin the development of a police service _representative of the community as a whole and_ which, in the absence of threats which require otherwise, should be routinely unarmed.
_Participants believe it_ essential that _policing structures and arrangements are such that policing_ is professional, effective and efficient, fair and impartial, free from partisan political control; accountable, both under the law for its actions and to the community it serves; representative of the society it polices and operates within a coherent and co-operative criminal justice system. 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, as a police service which cannot do so will fail to win public confidence and acceptance _while permitting authority and responsibility to be exercised at the lowest level possible_. _Finally 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, based on principles of protection of human rights _and_ professional integrity unambiguously accepted and actively supported by the entire community.
_Participants to note the British Government's_ intention to _establish an Independent_ Commission to make recommendations for future policing arrangements in Northern Ireland within the agreed framework of principles reflected in paragraph ... above and in accordance with the terms of reference at Annex ... _The Commission to be representative and include experts in the field in both countries and internationally and_ to be asked to consult widely _including with relevant non-governmental organisations_ and to report no later than Autumn 1999.
_Participants believe that the_ criminal justice system should be designed to:
_Participants to note_ that a parallel wide-ranging review of those aspects of criminal justice other than policing and those aspects of the system relating to the emergency legislation to be carried out by an _Independent Commission_ _in accordance with the terms of reference at Annex. The Independent Commission to be representative and include experts in the field in both countries and internationally and to be asked consult widely including with relevant non-governmental organisations and to report to the Secretary of State no later than Autumn 1999_.
Participants also to note that the implementation of the recommendations arising from both Commissions will be discussed with the political parties and with the Irish Government _within the framework of the British-Irish Intergovernmental Conference_.
Participants also to note that the British Government remain ready in principle, after consultations with the political parties, and, as appropriate, with the Irish Government _within the framework of the British-Irish Intergovernmental Conference_ to devolve responsibility for policing and justice issues _following satisfactory implementation of the recommendations contained in the review referred to above_.
_Decommissioning of illegal arms_
_Participants to 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_.
All participants to reaffirm their commitment to the total _disarmament of all paramilitary organisations_ and their _intention_ to continue to work constructively with the Independent International Commission on Decommissioning to achieve this.
All participants to undertake to work constructively and in good faith with the Independent Commission to achieve the decommissioning of all paramilitary arms within a fixed and limited period of [ ] in the context of the implementation of the overall settlement.
Independent Commission to monitor, review and verify progress on decommissioning of illegal arms, with reports to both Governments at regular intervals.
Both Governments to take all necessary steps to facilitate the decommissioning process.
_Prisoners_
[To follow]. {Our text has been included in Bailish Drall}
_ANNEX_
_COMMISSION TO INQUIRE INTO FUTURE POLICING ARRANGEMENTS IN NORTHERN IRELAND_
The Commission, _having regard to the relevant terms of the Agreement . . . _, should inquire into _policing for_ Northern Ireland and, on the basis of its findings, bring forward proposals for future policing _structures and_ arrangements based on consent.
Its proposals on policing should be designed to ensure that policing structures and arrangements, including _composition_, recruitment, training, culture, ethos _and symbols_, are such that the police are representative of, enjoy widespread support from and are seen as an integral part of the community as a whole.
Its proposals should include recommendations covering any issues (such as training and severance arrangements) which _will_ be required in the transition to policing in a peaceful society;
Its proposals should also be designed to ensure that:
- 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 clear arrangements enabling local people\, and their political representatives\, to articulate concerns about policing and\, (subject to safeguards to ensure police impartiality and freedom from partisan political control) to [publicly establish policing priorities and] influence policing policies; - there are arrangements for accountability _both to the community generally_ 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 Commission should focus on policing issues, but if it identifies other aspects of the criminal justice system relevant to its work on policing, _including specifically the role on the police in prosecution_, then it should draw the attention of the Government to those matters.
ANNEX
_COMMISSION ON THE_ CRIMINAL JUSTICE SYSTEM
The _Commission_, _having regard to the relevant terms of the Agreement . . . _ to address the structure, management and resourcing of publicly funded elements of the criminal justice system and to 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:
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This document is an Irish draft of a GFA section on 'Security Issues', dated 1 April 1998. Various sentences and phrases in the document are underlined and some of them are unfinished. It has a section on 'Security Issues' mainly focusing on the demilitarisation of Northern Ireland, and a section on 'Policing and Justice' that lays out principles for a criminal justice system and highlights the importance of an Independent Commission.
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The Quill Project has received one-time, non-exclusive use of the papers in this collection from Bowdoin College Library to make them available online as part of Writing Peace.
Subseries 2 (M202.7.2) Commission Documents (1995-1998), Series 7 (M202.7) Northern Ireland Records (1995-2008), George J. Mitchell Papers, George J. Mitchell Department of Special Collections & Archives, Bowdoin College Library, Brunswick, Maine, digitized by the Quill Project at https://quillproject.net/resource_collections/125.