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Honoring the dead 'through a fresh start'
By Globe Staff, 04/11/98
 ollowing are excerpts from the accord reached yesterday in Belfast:
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 tragedies of the past have left a deep and profoundly regrettable legacy of suffering. We must never forget those who have died or been injured, 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 will endeavour to strive in every practical way towards reconciliation and rapprochement within the framework of democratic and agreed arrangements. 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 and constitutional arrangements - an Assembly in Northern Ireland, a North/South Ministerial Council, implementation bodies, a British-Irish Council and a British-Irish Intergovernmental Conference and any amendments to British Acts of Parliament and the Constitution of Ireland - are interlocking and interdependent and that in particular the functioning of the Assembly and the North/South Council are so closely inter-related that the success of each depends on that of the other.
6. Accordingly, in a spirit of concord, we strongly commend this agreement to the people, North and South, for their approval.
Constitutional issues highlighted
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:
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;
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; 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 [the] sections 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; ...
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. ...
Of institutions in the North
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 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. ...
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. ...
The First Minister and Deputy First Minister shall be jointly elected into office by the Assembly voting on a cross-community basis. ...
As a condition of appointment, Ministers, including the First Minister and Deputy First Minister, will affirm the terms of a Pledge of Office ... undertaking to discharge effectively and in good faith all the responsibilities attaching to their office. ...
The Assembly will have authority to pass primary legislation for Northern Ireland in devolved areas. ...
The pledge of office
To pledge:
To discharge in good faith all the duties of office;
Commitment to non-violence and exclusively peaceful and democratic means;
To serve all the people of Northern Ireland equally, and to act in accordance with the general obligations on government to promote equality and prevent discrimination;
To participate with colleagues in the preparation of a program for government;
To operate within the framework of that program when agreed within the Executive Committee and endorsed by the Assembly;
To support, and to act in accordance with, all decisions of the Executive Committee and Assembly;
To comply with the Ministerial Code of Conduct.
A code of conduct
Ministers must at all times:
Observe the highest standards of propriety and regularity involving impartiality, integrity, and objectivity in relationship to the stewardship of public funds;
Be accountable to users of services, the community and, through the Assembly, for the activities within their responsibilities, their stewardship of public funds and the extent to which key performance targets and objectives have been met;
Ensure all reasonable requests for information from the Assembly, users of services and individual citizens are complied with; and that Departments and their staff conduct their dealings with the public in an open and responsible way;
Follow the seven principles of public life set out by the Committee on Standards in Public Life;
Comply with this code and with rules relating to the use of public funds;
Operate in a way conducive to promoting good community relations and equality of treatment;
Not use information gained in the course of their service for personal gain; nor seek to use the opportunity of public service to promote their private interests;
Ensure they comply with any rules on the acceptance of gifts and hospitality that might be offered;
Declare any personal or business interests which may conflict with their responsibilities. The Assembly will retain a Register of Interests. Individuals must ensure that any direct or indirect pecuniary interests which members of the public might reasonably think could influence their judgement are listed in the Register of Interests. ...
Setting up a North/South Ministerial Council
A North/South Ministerial Council to be established to bring together those with executive responsibilities in Northern Ireland and the Irish Government, to develop consultation, cooperation and action within the island of Ireland - including through implementation on an all-island and cross-border basis - on matters of mutual interest within the competence of the Administrations, North and South.
All Council decisions will be by agreement between the two sides. ...
Areas for North-South cooperation and implementation may include the following:
1. Agriculture - animal and plant health.
2. Education - teacher qualifications and exchanges.
3. Transport - strategic transport planning.
4. Environment - environmental protection, pollution, water quality, and waste management.
5. Waterways - inland waterways.
6. Social Security/Social Welfare - entitlements of cross-border workers and fraud control.
7. Tourism - promotion, marketing, research, and product development.
8. Relevant European Union Programs.
9. Inland Fisheries.
10. Aquaculture and marine matters.
11. Health: accident and emergency services and other related cross-border issues.
12. Urban and rural development.
British-Irish Council
ABritish-Irish Council (BIC) will be established under a new British-Irish Agreement to promote the harmonious and mutually beneficial development of the totality of relationships among the peoples of these islands.
Membership of the BIC will comprise representatives of the British and Irish Governments, devolved institutions in Northern Ireland, Scotland, and Wales, when established, and, if appropriate, elsewhere in the United Kingdom, together with representatives of the Isle of Man and the Channel Islands.
Rights, safeguards, equality of opportunity
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;
The right of women to full and equal political participation.
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.
... 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 organizations 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 programs. ...
The matter of decommissioning
All participants ... reaffirm their commitment to the total disarmament of all paramilitary organizations. They also confirm their intention to continue to work constructively and in good faith ... 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. ...
The issue of policing for Northern Ireland
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 retraining, job placement, and educational and professional development required in the transition to policing in a peaceful society. ...
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). ...
Dealing with the prisoner issue
Both Governments will put in place mechanisms to provide for an accelerated program for the release of prisoners, including transfered prisoners, convicted of scheduled offenses in Northern Ireland or, in the case of those sentenced outside Northern Ireland, similar offenses ... Any such arrangements will protect the rights of individual prisoners under national and international law.
Prisoners affiliated to organizations 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.
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 offenses 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.
This story ran on page A02 of the Boston Globe on 04/11/98.
© Copyright 1998 Globe Newspaper Company.
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