Proposals by the Govts for a Comprehensive Agreement

8.12.2004

Saturday-Tuesday, 4-7 December, 2004

Wednesday, 8 December, 2004

By Irish Republican News

Saturday-Tuesday, 4-7 December, 2004

Peace plan on hold again

No deal without IRA photos, says DUP

By Irish Republican News

The British Prime Minister and Irish Taoiseach are to reveal their proposals for peace in the North of Ireland this afternoon despite the refusal of Ian Paisley's DUP to back the plan without symbolic photographs of IRA disarmament.

Last minute efforts have failed to breach the gap over the issue. Sinn Fein President Gerry Adams said that, while his party was ready to sign up to the deal, the Provisional IRA would not be humiliated.

However, unionists have insisted that a "visual aspect" to arms decommissioning is essential for their community to feel reassured. A reported proposal for representatives of the churches to witness the destruction of arms caches -- alongside the existing independent IICD arms body -- has proved insufficient for the DUP.

Another "soft landing" for the political process is therefore planned. The governments are apparently planning to make a public appeal for support in their continuing efforts to secure the deal, and will not attempt to change tack.

British officials have said that after a "short breather", the governments would resume negotiations in the New Year.

Mr Blair's spokesman said if the impasse revolved around fundamental issues then the governments would have considered publishing their so-called Plan B.

But because it was over a "narrow" issue that could be yet bridged, the governments would resume their attempts to find a compromise over the publication of images of IRA disarmament.

"We will be able to publish all of the proposals (today) and show the extent of the agreement we got on decommissioning, on ending paramilitary activity, on commitments to power-sharing while recognising that there is a gap, but that is a narrow gap on the issue of photographs," the spokesman added.

However, Ian Paisley's repeated remarks about "humiliating" republicans are being seen by some as a potentially fatal blow to the talks process.

Taoiseach Bertie Ahern admitted yesterday afternoon that he didn't see a way through the impasse.

"There is one major difficulty and I don't see the resolution in that quite frankly," he said. "There are a number of issues which have not been resolved, though progress has been made and there are obvious technical issues that have to be dealt with."

Mr Ahern informed the Dublin parliament that talks between the IRA and the arms decommissioning body were ongoing.

Mr Adams said yesterday there was an unprecedented opportunity to forge a deal.

He asked: "Is that going to be squandered because one party has set out this impossible demand that one group should be humiliated?"

He recognised that some unionists do have genuine concerns about verification of arms being put beyond use, but Ian Paisley had to recognise also that the IRA "will not submit to a process of humiliation. I do not expect Ian Paisley, or the DUP or the unionist paramilitaries to submit to such a process of humiliation."

He said the two governments know the significance of what the IRA was offering to do -- reported by Irish television to be to disarm and stand down by Christmas.

"This is not a time for them [the two governments] to pander to unrealisable DUP demands," Mr Adams told a packed press conference in Belfast,

Mr Adams said the public position of the DUP leadership on the issue of power sharing with Sinn Féin also remained "a huge difficulty", pointing out that the DUP leader, Ian Paisley, continues to refuse to even talk to his party.

"There is also a huge responsibility on .. the British Prime Minister, who currently has jurisdiction over this part of our island, to move forward on the delivery of the modest rights and entitlements set out, almost 7 years ago, in the Good Friday Agreement," Mr Adams added.

"We now have an unprecedented opportunity to move forward on the basis of partnership, equality and justice. I urge the DUP to join us in this historic endeavour."

But the DUP in a statement last night insisted that republicans must explicitly endorse the photograph proposals as part of a deal.

"We have always been told that the comprehensive agreement is not an à la carte menu," said DUP Deputy leader Peter Robinson.

"It is not realistic for Sinn Féin to expect to choose a starter and a pudding and leave out the main course," he said.

"There can be no smoke and mirrors this time," he added.

Saturday-Tuesday, 4-7 December, 2004

'An unprecedented opportunity' - Adams

By Irish Republican News

The following is the full text of a prepared statement delivered by Sinn Fein President Gerry Adams at a press conference in Belfast yesterday.

On Wednesday, 17th November, Sinn Fein received a proposed outline for comprehensive agreement from the two governments. This included draft statements dealing with issues which are the responsibility of the governments, the DUP, Sinn Fein, the IICD and the IRA. The bulk of these dealt with outstanding aspects of the Good Friday Agreement as well as the DUP position on IRA arms. I will deal with that matter in a minute.

I believe that Sinn Fein can say yes to the political package, as now presented.

I have conveyed this in writing to the Taoiseach and the British Prime Minister.

I am satisfied that we have defended the fundamentals of the Good Friday Agreement, including its power-sharing, all-Ireland and equality provisions, that we have resolved issues of concern and succeeded in strengthening key provisions.

The Good Friday Agreement requirement that parties commit to power sharing has been protected in the new arrangements for the election of the First and Deputy First Ministers as has the joint and equal nature of the positions of the First and Deputy First Ministers.

In addition to successfully defending the Good Friday Agreement, we have made significant progress across a range of other important issues.

There has been a singular focus, particularly by the DUP, on silent IRA arms. Resolving this issue of arms is a matter for the IICD and the armed groups. Sinn Féin has used whatever influence we have to see guns taken out of Irish politics. Martin McGuinness and I have been to the IRA. I am not prepared to go into the detail of these discussions. That organisation will take its own council and make its position clear in its own time.

I do expect that, in the context of a comprehensive agreement, it will deal with issues that are its responsibility.

I also assume that the first people to be informed of this will be its own membership. I'm not going to speculate on the detail of the IRA position.

However, I can tell you that I do not believe that the IRA will allow itself to be humiliated.

If the IRA does take initiatives in support of a comprehensive agreement this will be hugely painful for Irish republicans and nationalists. None of us is in any doubt about that. So I am appealing to republicans to be thoughtful and measured in responding to any future developments as they have been through decades of struggle. I am appealing directly to all those who support Irish Unity and independence to remain united and to support the efforts of Sinn Féin in these testing times.

I recognise that some unionists do have genuine concerns about verification of arms being put beyond use, but Ian Paisley has to recognise also that the IRA will not submit to a process of humiliation. I do not expect Ian Paisley, or the DUP or the unionist paramilitaries to submit to such a process of humiliation.

In my view the two governments know the significance of what is available from republicans. This is not a time for them to pander to unrealisable DUP demands.

There is now, in the view of the Sinn Féin leadership, the opportunity to deal with genuine concerns about the IRA to the satisfaction of all reasonable people.

In contrast, the public position of the DUP leadership on the issue of power sharing with Sinn Féin, the largest nationalist party, up to this point, remains a huge difficulty. The DUP leader, Ian Paisley, refuses to meet with us, or to accept our democratic mandate or to share government power with us. This is a difficulty which only he can resolve.

For republicans and nationalists the prospect of sharing power with the DUP is not particularly attractive. But Sinn Féin is committed to that because we recognise the DUP's electoral mandate. Both the DUP and Sinn Féin have much to do to make this process a success. But the prize of a just and lasting peace demands that of all responsible political leaders.

There is also a huge responsibility on the Taoiseach and the British Prime Minister, who currently has jurisdiction over this part of our island, to move forward on the delivery of the modest rights and entitlements set out, almost 7 years ago, in the Good Friday Agreement.

We now have an unprecedented opportunity to move forward on the basis of partnership, equality and justice. I urge the DUP to join us in this historic endeavour.

Saturday-Tuesday, 4-7 December, 2004

Analysis: Whenever, whenever, whenever

By Danny Morrison (for the Andersonstown News)

“If you closed your eyes you would think you were listening to a member of the Democratic Unionist Party. The conspiracy theory was there. The unionist language of IRA/Sinn Fein featured prominently.”

That prescient observation was made in ‘An Phoblacht’ by Sinn Fein’s Jim Gibney. He was writing in November 2003 about Bill Lowry, the former head of the Special Branch in Belfast, long before Lowry was the guest speaker at last weekend’s DUP meeting in Ballymena. And what a wonderful meeting that was!

It may well turn out to be the meeting when Paisley blew the prospects of a settlement and exposed himself to all and sundry as incapable of negotiating, showing diplomacy or tact.

Ian Paisley Junior, who is opposed to the DUP entering into a power-sharing executive with Sinn Fein, wrote Daddy’s speech, and presumably Daddy concurred with every word because not only did he deliver it to the faithful on Saturday night but he repeated it outside the door of 10 Downing Street two days later.

In relation to the DUP demand for a visual dimension to IRA decommissioning, Paisley said: “The IRA needs to be humiliated. And they need to wear their sackcloth and ashes, not in a backroom but openly. And we have no apology for the stand we are taking.”

No one in the party – or in the alleged pragmatic wing – demurred. Anyway, how could Peter Robinson have objected? After all, several months ago he told the BBC’s ‘Inside Politics’ programme that he wanted to see the IRA piling its weapons on a pyre and destroying them before the cameras of CNN as a flute band marched around the fire. Not wanting to humiliate republicans, indeed!

After the Leeds Castle talks in September Paisley said, “The IRA must be finished with once and for all. Sinn Fein must be a new party.” Asked if he would talk to Gerry Adams if the IRA disbanded he replied, “Not as a Sinn Feiner.”

Yet, last Friday Paisley appeared to contradict those earlier remarks. He said that if a deal is to be done with Sinn Fein he will have to “bite his lip” and “do a great deal of swallowing.” However, these little conciliatory phrases can not undo the damage of his speech in Ballymena. He has, in the public and in grassroots’ republican perception, made the humiliation of the IRA synonymous with the publishing of photographs of IRA decommissioning.

Typically, that great SDLP strategist, Alex Attwood, came out in support of this demand and thus gave Paisley a huge fillip for his London meeting tomorrow night when he is to give Tony Blair his answer on a deal. Is it any wonder the nationalist electorate continues to reject the SDLP?

Ex-Detective Chief Superintendent Bill Lowry also addressed the meeting in Ballymena with language and attitude which confirms and is representative of the political bias of the Special Branch.

Three years ago, Lowry, as President of the Superintendents’ Association, criticised the then secretary of state, John Reed, in relation to the name change of the RUC to PSNI and said: “Our membership consider that you have stolen our organisational soul.” He was against inquiries into ‘historical’ allegations of RUC collusion with loyalists. He was asked again about this on radio this week and tried to excuse state violence: “The IRA came as thieves in the night and murdered and maimed. The Special Branch and the RUC were trying to stop that. There’s no doubt it was a dirty war. But they [the IRA] were the ones planning to kill. We were pulled into it. Everything we did was a response to the violence of the terrorists.”

On October 4, 2002, Lowry, as head of Special Branch in Belfast, organised the raid on Sinn Fein’s offices at Stormont, which led to allegations of IRA spying, the collapse of the power-sharing executive and the suspension of the Assembly, the restoration of which has been the objective of the current round of talks.

The obsession with humiliating republicans on camera was evident even then because the raid was filmed by UTV, thanks to a tip-off from the Special Branch. The charges against a number of republicans arrested in a fanfare of publicity around the same time were later reduced and their trial on lesser charges is pending.

Shortly afterwards, Lowry was suspended by Chief Constable Hugh Orde over an allegation that he leaked details of the operation to the press about the modusoperandi of the Branch.

These were withdrawn and by agreement he resigned in November 2002. Incredibly, he claimed that MI5, with whom he had closely worked, wanted rid of him to appease the IRA and cover up Sinn Fein’s involvement in ‘espionage’. The DUP called for an inquiry into his alleged mistreatment and Lowry complained to the Police Ombudsman. Nuala O’Loan’s office carried out a thorough investigation and in a detailed and convincing report rejected his allegations.

At Ballymena Lowry described Sinn Fein as ‘dogs’, with which “if you lie down you will rise with fleas”. He said that he couldn’t watch MPs Martin McGuinness and Gerry Adams on television without seeing blood dripping from their hands. He described them as the ‘devil incarnate’. Thus the effect of his intervention was to reinforce the position of those in the DUP most opposed to doing a deal.

Paisley has to say Yea or Nea.

A Yes/But is really a No. To survive, unionists know they will ultimately have to do a deal with nationalists.

Whenever, whenever, whenever!

Wednesday, 8 December, 2004

Proposals by the Govts for a Comprehensive Agreement

By Irish Republican News

The following document was released at a press conference in Belfast' Waterfront Hall today by the Irish Taoiseach, Bertie Ahern and the British Prime Minister, Tony Blair.

It contains the governments' best guess for an agreement. In its Annexes (included), it contains a timetable for the roll-out of political developments, proposals for changes to the insititutions, and draft statements by the Provisional IRA, the IICD arms body, Sinn Fein, and the DUP.

Proposals by the British and Irish governments for a Comprehensive Agreement

The documents presented here constitute the proposed agreement which the British and Irish Governments sent to Sinn Fein and the DUP. Despite intensive efforts over a number of months and very considerable progress, not all elements were agreed.

We hope the people of Northern Ireland will reflect on what has been achieved and on the opportunity which this agreement, if accepted in its entirety, represents. For our part, we intend to press ahead to find ways of bridging the remaining gaps.

Proposals by the British and Irish Governments for a Comprehensive Agreement

  1. Following intensive discussions at Leeds Castle and subsequently involving all the parties represented in the Northern Ireland Assembly, a basis for agreement has now been reached on the key issues identified by the Prime Minister, the Taoiseach and the parties at Lancaster House in June. These include the need to bring all forms of paramilitary activity to an end; the need to decommission all paramilitary weapons; the need for a clear commitment on all sides to the stability of the political institutions; and for the achievement of support for policing from all sides of the community.
  2. Together with the fulfilment of the commitments of the two Governments relating to the full implementation of the Agreement, all of these issues have been addressed satisfactorily. There is now a basis on which we can look forward to the early restoration of the Assembly, with the prospect of stable and inclusive powersharing government in Northern Ireland and the full operation of the North-South and East-West arrangements. The enabling steps to achieve these objectives are outlined in the annexed timetable.
  3. The Governments have made clear consistently that they remain committed to the fundamentals of the Agreement reached in 1998, including the need for consent to constitutional change, for absolute commitment to exclusively peaceful and democratic means, for stable inclusive partnership government, for a balanced institutional accommodation of the key relationships within Northern Ireland, between North and South and between these islands and for equality and human rights to be at the heart of the new dispensation in Northern Ireland. None of the parties in the review of the operation of the Agreement conducted this year have dissented from these fundamental elements. Paramilitary activity and decommissioning

  4. We are confident that steps will now be taken to provide for an immediate, full and permanent cessation of all paramilitary activity by the IRA. As regards IRA weapons, the Independent International Commission on Decommissioning will issue a report later today which sets out the way forward in terms of a definitive programme to ensure that the process is completed by the end of December 2004. These developments are momentous. The prospect of a new era of lasting peace and stability, involving the ending of all paramilitary activity and other illegal activity, requires all sides to respond positively. For their part, the Governments are determined to ensure that this unprecedented opportunity for peace is secured and sustained. This major step forward by the IRA underlines the need for rapid progress in regard to the decommissioning of all paramilitary weapons from all sources. We urge all parties and relevant groups to use their influence now to address the question of arms in the possession of loyalist paramilitaries.

Political Institutions

  1. The Governments and the parties have been anxious to see the earliest possible ending of the suspension of the Northern Ireland Institutions. In addition, based on the extensive discussions in the Review, the Governments have made an assessment of what changes to the operation of certain aspects of the Agreement would be broadly acceptable to the parties. Based on this assessment, the British Government will lift suspension in February 2005 once legislation has been introduced in the British Parliament to amend a number of aspects of the Northern Ireland Act 1998 and related legislation. This legislation will also provide for the removal of the power of suspension. This will enable the institutional changes outlined in the attached annex to come into effect before the formation of the new Executive.
  2. To allow the parties to prepare adequately for the re-establishment of the political institutions, the British Government will also introduce legislation in December to allow the formation of a shadow Assembly. This shadow period will take effect on the completion of IRA decommissioning, at the beginning of January. Prior to this shadow period, following the IICD statement that the decommissioning process has commenced, it is envisaged that names of candidates for First and Deputy First Minister will be made public by the appropriate parties. Policing and Justice
  3. There have been extensive discussions about prospects for extending support across all sections of the community for the new policing arrangements in Northern Ireland. On the basis of these discussions, including on the key related issue of the devolution of justice and policing, we have a strong expectation that this process of decision making by Sinn Fein will be undertaken quickly. If required, the British Government will make appropriate arrangements to facilitate Sinn Fein membership of the new Policing Board once this decision making process has concluded. The Governments expect that Sinn Fein will be in a position to join the Policing Board no later than the date on which the Bill enabling devolution of policing and justice is enacted.
  4. The prospects for the devolution of responsibility for policing and justice will be influenced by the effective implementation of all the developments listed in this document. Against that background, the British Government will initiate discussions with the parties on the modalities of devolution as soon as the IICD has confirmed the completion of IRA decommissioning, with the aim of agreement by the time the Executive is established. On that basis the British Government will commit to introducing into Parliament by the summer of 2005 the legislation necessary to permit devolution to take place. Such legislation will come into force as soon as possible, once sufficient confidence exists across the community, as expressed in a cross-community vote in the Assembly, proposed by the First Minister and Deputy First Minister. The British Government will work to promote the necessary confidence to allow such a vote to take place within two years. Conclusion

  5. All this represents major progress towards our goal of securing peace and political stability in Northern Ireland. There is a great deal of work to do in implementing the various commitments referred to here. The Governments expect that all the parties involved will carry out their commitments in this agreement in good faith and will make every effort to build the confidence and trust necessary for a stable and lasting accommodation. In addition to the verification mechanisms outlined above, both Governments will keep implementation of the agreement under close scrutiny with a view to ensuring that each and all of the commitments are fully implemented and that any default is identified and challenged. The Governments are determined that default by any one of the parties to this agreement would not be allowed to hinder the progress made by others in good faith.

Annex A

Timetable

The Agreement would unfold as follows:

Tuesday 7 December

by 18:00 DUP and Sinn Fein confirm their agreement to the Governments. IICD confirms to Governments that it can proceed on the basis of Annex D.

Wednesday 8 December

09:00 Joint Government Statement issued. 10:00 IRA Statement released (Attached C). 11:00 IICD Statement released (Attached D). 12:00 DUP Statement (Attached E). 13:00 Sinn Fein Statement on policing released (Attached F). 14:30 Prime Ministers hold press conference in Belfast.

December

January

February

March

Early Summer

Annex B

Proposals by the British Government for changes in Strand One institutions following the review

Introduction

  1. Enhancing collectivity and accountability. There has been general agreement that underpinning collectivity and accountability is important. Key features of existing arrangements are:

Proposals

  1. The following are proposals by the British Government, in the light of consideration in the review of Strand One issues.
  2. A statutory ministerial Code. An amendment to the Northern Ireland Act 1998 would require there to be a ministerial Code, and place a duty upon Ministers (including junior Ministers), notwithstanding their executive authority in their areas of responsibility as defined in the Agreement, to act in accordance with the provisions on ministerial accountability of the Code. The Code would reflect a requirement for safeguards to ensure that all sections of the community could participate and work together successfully in the operation of these institutions and that all sections of the community were protected. There would be arrangements to ensure that, where a decision of the Executive could not be achieved by consensus and a vote was required, any three members of the Executive could require it to be taken on a crosscommunity basis.
  3. The 1998 Act would be amended to require inclusion in the Code of agreed provisions in relation to ministerial accountability. Consistent with paragraphs 19 and 20 of the Agreement, this would provide for the Executive to be the forum for:
  1. the discussion of, and agreement on, issues which cut across the responsibilities of two or more Ministers, including in particular those that are the responsibility of the Minister of Finance and Personnel.
  2. prioritising executive proposals;
  3. prioritising legislative proposals;
  4. recommending a common position where necessary - for instance, on matters which concern the response of the Northern Ireland administration to external relationships;
  5. agreement each year on (and review as necessary of) a programme incorporating an agreed budget linked to policies and programmes (Programme for Government);
  6. discussion of and agreement on any issue which is significant or controversial and is clearly outside the scope of the agreed Programme for Government or which the First Minister and Deputy First Minister agree should be brought to the Executive.
  1. The new Code would be discussed by the parties and agreed by the Executive when formed. The First Minister and Deputy First Minister would propose the Code to the Assembly. It would have effect once endorsed by cross-community support there. Any amendments to the Code would require cross-community support in the Assembly.
  2. Assembly referrals for Executive review. An amendment to the 1998 Act would provide for referrals from the Assembly to the Executive of important ministerial decisions. Thirty members of the Assembly might initiate such a referral, within seven days of a ministerial decision or notification of the decision where appropriate. Before he could pass the referral to the Executive, the Presiding Officer, following consultation with the parties in the Assembly, would be required to certify that it concerned an issue of public importance. The Executive would consider the issue within seven days. A second referral could not be made by the Assembly in respect of the same matter. Only matters covered by the Ministerial Code, as set out above, would require a collective decision by the Executive.
  3. Reflecting the Pledge of Office, the 1998 Act would be amended to require a Minister to act in accordance with any relevant decisions of the Executive and/or Assembly.
  4. Amendments to the Pledge of Office. The 1998 Act would be amended to include a requirement in the Pledge of Office that Ministers would participate fully in the Executive and NSMC/BIC, and would observe the joint nature of the office of First Minister and Deputy First Minister.
  5. Assembly approval of Ministers in the Executive. An amendment would be made to the 1998 Act on appointment of Ministers in the Executive. The Nominating Officer of the largest party in the largest designation in the Assembly would first make a nomination to the Assembly Presiding Officer for the post of First Minister. The Nominating Officer of the largest party in the second largest designation in the Assembly would similarly nominate for the post of Deputy First Minister. The d'Hondt procedure would then run, as already set out in the 1998 Act, to fill the Ministerial posts in the Executive. The Presiding Officer would put to the Assembly an Executive Declaration listing the entire resulting Executive (FM, DFM and Ministers). The Executive Declaration would require approval by the 50:50:50 criterion. In order to uphold the right of every party, so entitled by its electoral strength, to nominate an MLA of its choice for ministerial office, only one Executive Declaration could be tabled by the Presiding Officer. If approval was not achieved within six weeks from the date on which the Assembly first met, there would, as under the present procedures, be a new Assembly election. No minister would be allowed to remain in the Executive if he or she had not voted in favour of the Executive Declaration, and if the nominating officer of his or her party did not nominate another MLA who had done so, d'Hondt would be re-run excluding that party. Where a vacancy arose later in the office of the FM or DFM, the nominating officers of the parties entitled to nominate as above for the two offices would do so, following which the Presiding Officer would put to the Assembly a partial Executive Declaration, for approval by the 50:50:50 criterion. Where a vacancy arose in another ministerial office, it would be filled as at present. It will be a matter for the standing Institutional Review Committee referred to in paragraph 12 to consider whether the new procedures should continue beyond the life of the present Assembly.
  6. Functions of Office of First Minister and Deputy First Minister. The First Minister and Deputy First Minister would reach agreement as to whether any functions of the current OFMDFM should be transferred to other departments, and would put proposals to the Executive and Assembly accordingly.
  7. Committee of the Centre. An amendment to the 1998 Act would provide for the existing Assembly Committee of the Centre to be placed on a statutory footing like that of other departmental scrutiny committees.
  8. Reviews.
  1. Repeal of the Northern Ireland Act 2000. In accordance with the Government's earlier commitments in the context of acts of completion, it would propose to Parliament the repeal of the 2000 Act, which provides for suspension.

  2. Community designation. An amendment to the 1998 Act would provide that an Assembly Member would not be able to change community designation for the whole of an Assembly term from that expressed at the time of nomination for election, except in the case of a change of membership of political party.

Proposals by the British and Irish Governments for changes in Strands Two and Three institutions following the review

The following are proposals by the British and Irish Governments, following consideration in the review of Strands Two and Three issues.

  1. Executive role in preparation for NSMC and BIC meetings. The amendment to the Northern Ireland Act 1998 on a ministerial Code, described in the British Government's Strand One proposals, would bear on Executive proceedings relating to the North-South Ministerial Council and British-Irish Council.
  2. The Code would provide that draft NSMC and BIC decision papers would be circulated to all Executive members within a period (to be decided by the Executive) in advance of a scheduled NSMC or BIC meeting. Any member of the Executive would have the right to seek an Executive discussion on such a paper. Notwithstanding the lead Minister's executive authority in his/her area of responsibility as defined in the Agreement, where the Code provided that certain matters should be considered/agreed in the Executive Committee (see paragraphs 3 to 5 of the British Government's Strand One proposals), this would apply to any draft NSMC/BIC decision papers falling within those agreed provisions.
  3. Attendance at NSMC and BIC. Amendments to the 1998 Act would provide for a minister with lead departmental interest in an issue under consideration at an NSMC/BIC meeting to be entitled to attend (with a power for a minister so entitled, by consent, to arrange for another minister attending to discharge his/her responsibilities), and a power for the FM/DFM to adjudicate where a Minister's lead departmental interest was disputed. There would also be a statutory obligation on FM/DFM to nominate for attendance at NSMC/BIC a replacement for a lead Minister if that Minister was not proposing to attend the meeting in question, and had not arranged for a replacement Minister to discharge his/her responsibilities. There would be a statutory power for the FM/DFM to require such relevant information from the lead department as would be necessary for the NSMC/BIC meeting in question. Finally, reflecting the existing requirement for representation of the Executive on a cross-community basis at meetings of the NSMC/BIC, there would be a statutory obligation on the FM/DFM to nominate the other Minister whose presence is necessary to fulfil that requirement.
  4. NSMC/BIC agendas. The relevant legislation would be amended as necessary to make clear that where a matter on the agenda for a meeting of the NSMC or BIC was one outside the responsibilities of a Minister due to attend, because it was outside his or her departmental responsibilities and not covered by a transfer of authority from another Minister, it would be subject to a decision of the Assembly.
  5. Review. The Northern Ireland Executive and Irish Government, under the auspices of the NSMC, would appoint a Review Group to examine objectively (1) the efficiency and value for money of existing implementation bodies and (2) the case for additional bodies and areas of co-operation within the NSMC where mutual benefit would be derived. The Group would also input into the work commissioned by the NSMC in June 2002 on the identification of a suitable substitute for the proposed Lights Agency of the Foyle, Carlingford and Irish Lights Commission. The Group would report with recommendations to the NSMC. Any changes to the existing arrangements would require the specific endorsement of the Assembly and Oireachtas. In the meantime, the NSMC would continue to oversee the ongoing work of the Implementation Bodies and work in the areas of co-operation.
  6. Assembly/Oireachtas scrutiny of implementation bodies. Chairs and Chief Executives of North/South bodies, when called upon and at least yearly, would appear before relevant Assembly Committees. There is provision in the South for similar arrangements in relation to the Oireachtas.
  7. North-South Parliamentary Forum. The Northern Ireland Executive would encourage the parties in the Assembly to establish a North-South parliamentary forum bringing together equal numbers from the Oireachtas and the Assembly, and operating on an inclusive basis.
  8. Independent Consultative Forum. The Northern Ireland Executive would support the establishment of an independent North/South consultative forum appointed by the two Administrations and representative of civil society.
  9. Secretariat of British-Irish Council. Following consultation with its other members, and with a view to giving further impetus to its work, the two Governments would facilitate the establishment of a standing secretariat for the British-Irish Council, if members agree.

  10. East-West Interparliamentary Framework. Following appropriate consultation with the British-Irish Interparliamentary Body, the two Governments would encourage the Oireachtas, the British Parliament and the relevant elected institutions to approve an East-West Interparliamentary Framework which would embrace all their interests. The framework would operate on an inclusive basis.

Annex C

IRA Statement

  1. Against the background of the ongoing and protracted IRA cessations, the leadership of Oglaigh na hEireann has periodically asserted the view that the political responsibility for advancing the political situation rests with the two Governments, especially the British Government and the political parties.
  2. A comprehensive agreement between the two Governments and the political parties to achieve a just and lasting peace has been secured. We welcome that.
  3. The full and speedy implementation of the comprehensive agreement now achieved, as all sides, including the two Governments, are now pledged to do, will, by removing the causes of conflict, allow Unionists and Republicans to pursue our political objectives peacefully and as equals. The future of the people of this island must be one in which the rights, identity, culture and contribution of everyone including Unionists is fully respected.
  4. The IRA leadership is determined to support this comprehensive agreement. The all-Ireland nature and implementation on an enduring basis of this agreement by the democratically elected representatives of the Irish people enables us all to take political objectives forward by peaceful and democratic means. This creates the conditions for the IRA to move into a new mode that reflects its determination to see the transition to a totally peaceful society brought to a successful conclusion. Consistent with this and recognising the need to uphold and not to endanger anyone's personal rights and safety, all IRA volunteers have been given specific instructions not to engage in any activity which might thereby endanger the new agreement.

  5. We have also made it clear that the IRA leadership will, in this new context, conclude the process to completely and verifiably put all its arms beyond use. Accordingly the IRA leadership has agreed with the IICD to complete this process in a way which further enhances public confidence and to conclude this by the end of December.

Annex D

Elements for an IICD Statement

  1. We have had further meetings with the IRA representative and have agreed arrangements which will see all IRA arms put beyond use by the end of December 2004. We have had up-to-date assessments from British and Irish security sources of IRA arms holdings to assist us in that regard.
  2. It is our intention to issue further reports in relation to IRA arms: a statement on the commencement of the decommissioning process and a final report at the end of December, when the process of putting IRA arms beyond use is complete. The significance of such an agreement will be unparalleled.
  3. The Commission has pursued the agreed remit given to us in strict adherence to the legislative terms which govern our existence and activities. The independence and integrity of the IICD are central and indispensable elements of the decommissioning process. We continue to believe that a report by the IICD marking the successful completion of our task in respect of IRA arms is the most effective way to enhancing public confidence.
  4. We are aware, however, that some have argued that more is required in respect of the transparency of the decommissioning process. On the basis of our recent contacts with the IRA representative, we are satisfied that this will form part of our two further reports. The IRA representative has indicated that, in response to our request to agree mechanisms which would enhance public confidence in the decommissioning process, additional arrangements will be put in place. These will include the presence as observers during the process of two clergymen nominated by the two Governments following appropriate consultation. These witnesses will be able to make public statements to the following effect on publication of the final IICD Report in December:
  1. that they themselves have attended each decommissioning event that has taken place since their appointment as independent witnesses;
  2. that the inventory compiled by the IICD is a true reflection of what was decommissioned.
  1. In addition, the IRA representative has told us that the IRA will have photographs of the weapons and materiel involved taken by the IICD, in the presence of the independent observers. These photographs will be shown by the IICD to the two Governments and the parties at the time of the final report on IRA decommissioning and will be published at the time the Executive is established.

  2. We now look forward to progress in decommissioning the weapons held by other groups.

Annex E

DUP Statement:

  1. We welcome the new agreement and we believe that it significantly benefits the whole community and we commend it, if implemented faithfully and fully, to all those who support us and all others who want a peaceful and democratic solution within the United Kingdom to our ageold conflict.
  2. During the Assembly election campaign we published policy papers and in our manifesto we set out seven Principles and seven Tests which would govern our negotiating stance. We outlined the nature of an agreement we could accept and which we believed the unionist community could support. We furthermore chose to set the agreement in a context that would ensure it was fair to all. We believe our position in the talks and the outcome of the negotiations has been completely consistent with these mandated policies, principles and tests.
  3. The outworking of this new agreement has the capacity to transform our society. The settlement, if fulfilled in its entirety, can deal definitively and conclusively with the issues of IRA weapons and all its paramilitary and other illegal activity. It will be in this setting that the DUP will engage with and work, in an inclusive executive.
  4. Following confirmation in reports from the IMC and the IICD, that IRA paramilitary activity of all kinds has ended we will operate and participate, in all the new arrangements. This is consistent with our mandate. In this context we intend to work together in constructive partnership with all parties in the Assembly, for the benefit of the whole community in Northern Ireland.
  5. We urge paramilitary groups within the unionist community, in the light of moves by the Provisional IRA, to engage positively with the IICD to remove all illegal weapons from our society and end all paramilitary and criminal activity.

  6. The DUP is a devolutionist party and wants to see policing and justice powers devolved just as soon as conditions permit. These matters affect the lives and liberties of all our citizens and must be handled with great sensitivity. There is a recognition that policing and justice functions should be devolved just as soon as the community confidence exists. We will dedicate ourselves to reach agreement on how such powers could be exercised.

We will join with the other parties in intensive discussions on the devolution of criminal justice and policing in a committee of the Shadow Assembly immediately after the IICD confirms the completion of IRA decommissioning, with a view to agreement on modalities, if at all possible, by the time the Executive is established. Following the passage of the necessary legislation at Westminster we will use our best efforts to contribute towards building the community confidence which would be necessary to allow the Assembly to receive the new powers within the timescale envisaged by the British Government. This necessary confidence will be expressed through a cross-community vote in the Assembly, proposed by the First Minister and Deputy First Minister.

  1. We judge that the key to success is the stability, accountability, effectiveness and efficiency of the structures and institutions. All these matters have been taken into account in the new agreement we have reached.
  2. The DUP see it as imperative that the repeated suspensions that dogged the life of the Belfast Agreement and its institutions are a thing of the past and we are looking towards the uninterrupted operation of stable democratic structures. This new agreement depends on all parties honouring each and every obligation - we will meet our commitments in each Strand and in every other respect, and, to succeed, others must meet their obligations.
  3. This community has been deeply divided and has suffered much in social and economic terms from the prolonged conflict. There is much to be done to create a society in which there is respect for the rights and equality of all our citizens and in which mutual trust can grow. There is a need to build a calm regard for our distinct and sometimes conflicting cultural traditions and to respect the diversity of our people.
  4. Inter-community conflict still exists and people are being displaced from, and attacked in, their homes and districts, particularly along the boundaries of the interface areas. We want to see action taken to tackle all sectarianism, racism and intolerance and seek agreement on a Bill of Rights for Northern Ireland. We trust other parties will join us in this endeavour.
  5. We will work with the government and with others to prepare a financial package which can assist in the revitalisation of Northern Ireland's infrastructure and employment opportunities. Such a package should include a fund which has an emphasis on the needs of areas of social deprivation and disadvantage from both sections of our community.
  6. In looking to the future we are mindful of the innocent victims who have suffered and those who have lost loved ones in the years we have passed through. Future generations must never forget the fallen nor the victims still among us nor fail to honour the debt we owe for their sacrifices.

  7. The difference between the success and failure of this far-reaching settlement will lie in the enthusiasm, earnestness and capacity of all the participants to comprehensively deliver that which they have agreed.

Annex F

Sinn Fein Statement on policing

"I will propose to the SF Ard Chomhairle that it calls a special Ard Fheis to decide on Sinn Fein's support for new policing arrangements in the context of:

The unresolved issue of policing was a central focus for Sinn Fein in our recent discussions with the two Governments. For nationalists and republicans the experience of policing within the north has been historically negative. This is a huge challenge which can only be achieved in the context of fundamental change sustained by effective democratic mechanisms.

As a result of our discussions we now have a commitment from the British government and the DUP to the transfer of powers on policing and justice to the Assembly as soon as possible, a DUP commitment to a speedy, time framed discussion on the departmental model and the powers to be transferred with a view to agreement by the time the Executive is established, and a commitment from the British Government that it will enact in 2005 the necessary legislation to enable the transfer of policing and justice powers away from London.

In light of these critically important developments I now intend to call together an Ard Chomhairle meeting and to recommend to it that we convene a special Ard Fheis to decide on the issue of policing as soon as the legislation is enacted."

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