[Editors’ Note: The first 23 pages of this document are physically located in folder 09. The remaining 53 pages are physically located in folder 10. Page 21 of the document appears to be missing from the physical file. We have included a scan of the cover of folder 10 to mark the dividing line between the two folders.]
The Independent Chairmen Draft Paper for Discussion
TABLE OF CONTENTS
1. Declaration of Support
2. Constitutional Issues
Annex A: Draft Clauses/Schedules for Incorporation in British Legislation
Annex B: Irish Government Draft Legislation
3. Strand One:
Democratic Institutions in Northern Ireland
4. Strand Two:
North/South Ministerial Council
Annex A: List of specified areas where the Council to use best endeavours to reach agreement on the adoption of common policies
Annex B: List of specified areas in which Council is to take decisions on action for implementation separately in each jurisdiction
Annex C: List of Implementation Bodies in specified areas in which the Council is to take decisions on action at an all-Island and cross-border level
5. Strand Three:
British - Irish Council
British - Irish Intergovernmental Conference
TABLE OF CONTENTS
(continued)
6. Rights\, Safeguards and Equality of Opportunity
Human Rights
United Kingdom Legislation
New Institutions in Northern Ireland
Comparable Steps by the Irish Government
A Joint Committee
Victims of Violence and Reconciliation
Economic, Social and Cultural Issues
7. Decommissioning
8. Security
9. Policing and Justice
Annex A: Commission on Policing for Northern Ireland
Annex B: Review of the Criminal Justice System
10. Prisoners
11. Validation\, Implementation and Review
Validation and Implementation
Review Procedures Following Implementation
DECLARATION OF SUPPORT
1. We\, the participants in the multi-party negotiations\, believe that the agreement we have negotiated offers a truly historic opportunity for a new beginning.
2. The failures of the past have left a deep and profoundly regrettable legacy of suffering. We must never forget those who have been injured or who have died\, and their families. But we can best honour them through a fresh start\, in which we firmly dedicate ourselves to the achievement of reconciliation\, tolerance\, and mutual trust\, and to the protection and vindication of the human rights of all.
3. We are committed to partnership\, equality and mutual respect as the basis of relationships within Northern Ireland\, between North and South\, and between these islands.
4. We reaffirm our total and absolute commitment to exclusively democratic and peaceful means of resolving differences on political issues\, and our opposition to any use or threat of force by others for any political purpose\, whether in regard to this agreement or otherwise
5. We acknowledge the substantial differences between our continuing\, and equally legitimate\, political aspirations. However\, we pledge that we will\, in good faith\, work to ensure the success of each and every one of the arrangements to be established under this agreement. It is accepted that all of the institutional arrangements an Assembly in Northern Ireland\, a North/South Ministerial Council\, implementation bodies\, a British-Irish Council\, and a British-Irish Intergovernmental Conference are interlocking and mutually supportive and that all will enter into force at or around the same time.
6. Accordingly\, in a spirit of concord\, we strongly commend this agreement to the people\, North and South\, for their approval.
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 the 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 birth-right 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 Irish Constitution and in British legislation relating to the constitutional status of Northern Ireland.
DRAFT CLAUSES/SCHEDULES FOR INCORPORATION IN BRITISH LEGISLATION
1. (1) It is hereby declared that Northern Ireland in its entirety remains part of the United Kingdom and shall not cease to be so without the consent of a majority of the people of Northern Ireland voting in a poll held for the purposes of this section in accordance with Schedule 1.
(2) But if the wish expressed by a majority in such a poll is that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland, the Secretary of State shall lay before Parliament such proposals to give effect to that wish as may be agreed between Her Majesty's Government in the United . Kingdom and the Government of Ireland.
2. The Government of Ireland Act 1 920 shall cease to have effect; and this Act shall have effect notwithstanding any other previous enactment.
SCHEDULE 1
POLLS FOR THE PURPOSE OF SECTION 1
1. The Secretary of State may by order direct the holding of a poll for the purposes of section 1 on a date specified in the order.
2. Subject to paragraph 3\, the Secretary of State shall exercise the power under paragraph 1 if at any time it appears likely to him that a majority of those voting would express a wish that Northern Ireland should cease to be part of the United Kingdom and form part of a united Ireland.
3. The Secretary of State shall not make an order under paragraph 1 earlier than five years after the holding of a previous poll under this Schedule.
4. [Remaining paragraphs along the lines of paragraphs 2 and 3 of existing Schedule 1 to 1973 Act.]
ANNEX B
IRISH GOVERNMENT DRAFT LEGISLATION
Add to Article 29 the following sections:
7. 1. In this section and in section 8 of this Article "the Agreement" means the BritishIrish Agreement done at Belfast on the day of 1998.
2. The State may ratify the Agreement.
3. 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 the exercise of a like power or function on another person or organ of State appointed under or established by this Constitution. Any power or function conferred on such an institution in relation to the settlement of disputes may be in lieu of any like power or function conferred by this Constitution on any such other person or organ of State as aforesaid.
8. 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.
i. by the substitution of the following Articles for Articles 2 and 3:
"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 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."
and
ii. by the addition of the following section to this Article:
“8. The State may exercise extraterritorial jurisdiction in accordance with the generally recognised principles of international law."
2. If a declaration under this section is not made within twelve months of this section being added to this Constitution or such longer period as may be determined by law\, section 7 of this Article and this section shall cease to have effect and shall be omitted from every official text of this Constitution published thereafter.
3. If such a declaration is made\, this section\, other than the amendment effected thereby\, 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.
STRAND ONE
DEMOCRATIC INSTITUTIONS IN NORTHERN IRELAND
1. The following is intended to provide 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. An Assembly will be elected by PR(STV) from existing Westminster constituencies.
[Note from the Independent Chairmen: There is disagreement among participants as to the size of the Assembly and as to whether the election system should provide greater opportunity to small parties to be represented in the Assembly. We believe that it should.
Options for your consideration include, but are not limited to:
(a) increasing the number of seats per constituency from 5 to 6; and/or
(b) providing a top-up of 10 or 20 additional seats.]
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:
[Note from the Chairmen: There is disagreement among participants as to whether the executive heads of departments should be titled 'Assembly Secretaries" or "Ministers". Throughout this text the position will be titled "Assembly Secretary/Minister".]
(a) allocations of Committee Chairs, Assembly Secretaries/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;
[Note from the Chairmen: There is disagreement among the participants as to the nature of such arrangements. Options for your consideration include, but are not limited to, the following:
(a) The Chair and Deputy Chair of the Assembly will be elected on a cross-community basis, as set out in paragraph 5(d) above.
(b) There will be a Chair of the Assembly, elected from among those who are not aligned with either of the two major communities.]
7. There will be a Committee for each of the main executive functions of the Northern Ireland Administration. The Chairs and Deputy Chairs of the Assembly Committees will be allocated proportionally\, using the d'Hondt system. Membership of the Committees will be in broad proportion to party strengths in the Assembly to ensure that the opportunity of Committee places is available to all members.
8. 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 should have the power to:
- agree Departmental budgets and Annual Plans
- approve relevant secondary legislation and take the Committee stage of relevant primary legislation
- call for persons and papers
- initiate enquiries and make reports.
9. Standing Committees other than Departmental Committees may be established as may be required from time to time.
Executive Authority
[Note from the Chairmen: There is disagreement among the participants as to whether executive authority should be vested in an Executive Committee or a Liaison committee. Throughout this text the Committee will be titled Executive/Liaison Committee".]
10. Executive authority to be discharged on behalf of the Assembly by up to [ten] Assembly Secretaries/Ministers\, with posts allocated to parties on the basis of the d'Hondt system by reference to the number of seats each party has in the Assembly.
11. A party may decline the opportunity to nominate a person to serve as an Assembly Secretary/Minister' or may subsequently change its nominee.
12. An individual may be excluded or removed from office by a decision of the Assembly taken on a cross-community basis\, when he loses the confidence of the Assembly\, voting on a cross-community basis either for failure to meet his responsibilities or because the Assembly believes\, on a cross-community basis\, that his retention of office is incompatible with democratic expectations and constraints.
13. Assembly Secretaries/Ministers will be political Heads of the Northern Ireland Departments\, and will liaise regularly with their respective Committee.
14. As a condition of appointment. Assembly Secretaries/Ministers will affirm their readiness to discharge effectively and in good faith all the responsibilities attaching to their posts\, provided\, however\, that refusal to serve as an Assembly Secretary/Minister will not be grounds for removal from the Assembly.
15. Assembly Secretaries/Ministers will have full executive authority in their respective areas of responsibility\, within any broad programme agreed by the Executive/Liaison Committee (see below) and endorsed by the Assembly as a whole on a cross-community basis; or in accordance with budgetary policy or legislative proposals approved\, on a cross-community basis\, after scrutiny by the Departmental Committee and by the Assembly. In the event of any dispute between an Assembly Secretary/Minister and the Committee\, the Assembly as a whole to have the power of decision exercised on a cross-community basis.
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