European Union European Regional Development Fund Investing in your future St Andrews Agreement An Aid for Dialogue
St Andrews Agreement An Aid for Dialogue Community Dialogue Steps into Dialogue Project Telephone: 028 9035 1450 admin@communitydialogue.org Website: www.communitydialogue.org
Introduction Community Dialogue has received funding under the Special European Union Peace III Programme to deliver a project entitled Steps into Dialogue. The overall goal of this project is to use dialogue as a mechanism that allows people affected by the conflict to deal with and address their past and to begin to understand the views and past of others. Through this process, Community Dialogue hopes to ensure people can begin to move forward to a peaceful society together. There are two steps to the project: Dialogue on the Ground This will provide opportunities for individuals to engage in dialogue and discuss contentious issues of the past so that people can deal with these and move forward together. The project will include issue based dialogue sessions, a series of workshops to unpack topics at a deeper level, and residentials to allow more time for reflection on opinions, ideas and concepts. Unravelling the Jargon This aims to take governmental policy and strategy and simplify these documents into lay terms. This involves the production of pamphlets by engaging outside expertise, as well as organising follow up workshops to help the community at large understand the basic components and assist them in making informed choices about their future. This document is not an authoritative guide to the St Andrews Agreement but an attempt to give some information and raise some issues for conversation within the community.
The St Andrews Agreement an aid for dialogue The Context The Belfast or Good Friday Agreement of 10 April 1998 ( the Agreement ) is widely seen as the compact that brought to an end most politically related violence in Northern Ireland. It was agreed by the British and Irish Governments and most Northern Ireland political parties and was endorsed by the voters of both the Republic of Ireland and Northern Ireland in parallel referenda. Amongst other things, the Agreement and the legislation that followed: Established devolved democratic institutions in Northern Ireland an Assembly and power-sharing Executive (Strand 1) Established a North/South Ministerial Council bringing together Ministers from the Irish Government and the Northern Ireland Assembly to discuss matters of mutual interest (Strand 2) Established a British-Irish Council (comprising representatives of the British and Irish Governments, devolved administrations in the UK and the governments of the Channel Islands and the Isle of Man) and a British-Irish Intergovernmental Conference (representatives of the British and Irish Governments) (Strand 3) Established a Human Rights Commission and a new Equality Commission and put equality duties on all public bodies Made arrangements for decommissioning, normalisation of security, support for victims and reconciliation and the release of prisoners Made provision for the reform of policing and criminal justice and their possible devolution An Assembly was elected and met in Shadow form on 1 July 1998. However, agreement could not be reached on the structure of an Executive and it was not until 29 November 1999 that an Executive was created and power was
devolved. Continuing disagreements about decommissioning led to several suspensions and the Assembly only operated properly for about 11 months. On 14 October 2002, it was suspended for the next four and a half years. Elections were held on 24 November 2003 which left the Democratic Unionist Party (DUP) and Sinn Fein as the two largest parties but the Assembly remained suspended as there was no agreement to form an Executive. In September 2005 the IRA decommissioned all its weapons and in May 2006 an Act was passed at Westminster that recalled the Members of the Assembly to sit in a 2006 Assembly. The focus of the Assembly was to provide a forum for the parties to begin preparations for devolved government. It set a deadline of 24 November 2006 for the parties to have made sufficient progress to allow for devolution to be fully restored. The British and Irish Governments and the political parties met in the Scottish town of St Andrews and an Agreement document from that meeting was published on 13 October 2006. Outline of the St Andrews Agreement The agreement at the talks in St Andrews was actually between the British and Irish Governments. The text was then put to the political parties for them to sign up to or not. The alternative, if it were not supported, would be to proceed on the basis of the new British Irish partnership arrangements to implement the Belfast Agreement. The main purpose Our discussions have been focused on achieving full and effective operation of the political institutions. When we arrived in Scotland a limited number of outstanding issues remained to be resolved, including support for and devolution of policing and the criminal justice system, changes to the operation of the Agreement institutions, and certain other matters raised by the parties or flowing from the Preparation for Government Committee. The two Governments now believe that the agreement we are publishing today clears the way to restoration.
Power sharing and the political institutions All parties to this agreement need to be wholeheartedly and publicly committed, in good faith and in a spirit of genuine partnership, to the full operation of stable power-sharing Government and the North-South and East-West arrangements. Following discussion with all the parties, we have made an assessment of practical changes to the operation of the institutions and we are publishing today a clear outline of these. Policing and the rule of law We believe that the essential elements of support for law and order include endorsing fully the Police Service of Northern Ireland and the criminal justice system, actively encouraging everyone in the community to co-operate fully with the PSNI in tackling crime in all areas and actively supporting all the policing and criminal justice institutions, including the Policing Board. It is our view that implementation of the agreement published today should be sufficient to build the community confidence necessary for the Assembly to request the devolution of criminal justice and policing from the British Government by May 2008. Human Rights, Equality, Victims and other issues The British Government has also agreed to take forward a number of measures to build confidence in both communities and to pursue a shared future for Northern Ireland in which the culture, rights and aspirations of all are respected and valued, free from sectarianism, racism and intolerance. Financial package for the newly restored Executive The Governments are also committed to working with the parties to establish the most favourable possible financial climate for a newly restored Executive.
What St Andrews tried to achieve In the period leading up to the Agreement, it was clear that the Assembly could not be restored without the support of what were now the two largest parties, the DUP and Sinn Fein. The two main issues that St Andrews tried to address were Sinn Fein s lack of confidence that the DUP would fully sign up to power-sharing and devolved government, including North-South Bodies and the devolution of policing and justice, and the DUP s lack of confidence that Sinn Fein would fully support the police and the rule of law. In order to deal with these issues it would be necessary to reassure the DUP that they would not have to support Republican policies in government and to reassure Sinn Fein that Unionists would not be able to obstruct the North- South elements of the Agreement. It would also be necessary to reassure the DUP that Sinn Fein would support all policing bodies and to reassure Sinn Fein that policing and justice would actually be devolved to the Assembly. Sinn Fein and the DUP also had a number of specific matters that they wanted dealt with before they agreed to power sharing. The St Andrews document tried to do these things by proposing: 1. Changes to the institutions - The First and Deputy First Ministers to be appointed by the two biggest parties without need for an Assembly vote so that Unionists would not have to vote for a Nationalist and vice versa - Increased Executive and Assembly control over the individual power of Ministers - Support for North-South institutions to be part of the Pledge of Office and other mechanisms would be introduced to ensure that they could not be disrupted 2. Active support for policing and for devolution - A statement that support for law and order meant the active support of the PSNI and all policing institutions
- A timetable for devolution of policing and justice 3. Action on a range of issues demanded by the parties - These included human rights, equality, victims and other issues 4. A financial package to support devolution - This was a general commitment to negotiate an adequate package St Andrews in more detail The Agreement itself consisted of 13 paragraphs, some of which have been quoted above, backed up by five more detailed annexes. Annex C consisted mainly of a pledge to talk to the Assembly about money, Annex D was the timetable for implementation and Annex E was a paper from the British Government on the relationship between MI5 and the Police Service of Northern Ireland (PSNI) in the context of national security. The main elements of the Agreement are contained in Annexes A and B. Annex A: Practical changes to the operation of the institutions Strand 1 (Assembly and Executive) Issues A statutory Ministerial Code which would strengthen the corporate responsibility of the Executive and allow any 3 Ministers to demand that any non-consensual decision be taken by vote on a cross-community basis this effectively gives Unionist Ministers a veto over controversial decisions by Nationalist Ministers and vice versa 30 Members of the Assembly would be able to refer any important decision of an individual Minister back to the Executive for collective discussion The Ministerial Pledge of Office to be amended to ensure full participation in the Executive and North-South bodies and also respect for the joint nature of the First and Deputy First Minister positions
The First and Deputy First Ministers to be appointed by the two biggest parties without need for an Assembly vote so that Unionists would not have to vote for a Nationalist and vice versa The informal Committee of the Centre the Assembly Committee scrutinising the work of the Office of the First and Deputy First Ministers to be put on a statutory footing A standing committee of the Assembly would be established to review all Strand 1 institutions An Assembly Member would not be able to change community designation (Nationalist, Unionist or Other) for the whole of an Assembly term except in the case of a change of membership of political party Strands 2 and 3 (North-South Ministerial Council and British-Irish Council) [NOTE: The North-South Ministerial Council (NSMC) consists of Ministers from the Northern Ireland Executive and the Irish Government. Common policies and approaches are agreed in the North-South Ministerial Council but implemented separately in each jurisdiction. There are also six North-South Implementation Bodies which implement policies agreed by Ministers in the North-South Ministerial Council. The British-Irish Council (BIC) was created under the Agreement to promote positive, practical relationships among its members, which are the British and Irish Governments, the devolved administrations of Northern Ireland, Scotland and Wales, and Jersey, Guernsey and the Isle of Man.] Important papers and decisions for the NSMC or BIC would have to be considered by the Executive Ministers with lead responsibility on any issue to be discussed would be entitled to attend NSMC or BIC but could appoint another Minister to attend instead with their consent The First Minister/Deputy First Minister would resolve any disputes and have a statutory obligation to ensure cross-community Ministerial
attendance at each meeting by appointing Ministers to attend if necessary A joint Review Group would examine the efficiency and value for money of existing Implementation Bodies and the case for new ones; heads of the Bodies would appear before relevant Assembly Committees at least once a year The following new bodies were proposed: - North-South Parliamentary Forum bringing together equal numbers from the Oireachtas and the Assembly - Independent Consultative Forum appointed by the two Administrations and representative of civil society - Secretariat of British-Irish Council a standing secretariat for the British-Irish Council - East-West Inter-parliamentary Framework designed to embrace the interests of the British Parliament, the Oireachtas and other elected institutions Annex B: Human Rights, Equality, Victims and Other Issues The Government stated that it would continue to actively promote the advancement of human rights, equality and mutual respect in the pursuit of which it committed to the following: An Anti-Poverty and Social Inclusion Strategy A Victims Commissioner for Northern Ireland A forum on a Bill of Rights Preparations for a Single Equality Bill The Government will introduce an Irish Language Act
The need to enhance and develop the Ulster Scots language, heritage and culture A review of the issues around parading in Northern Ireland Guidance for employers which will reduce barriers to employment and enhance re-integration of former prisoners The 50/50 recruitment arrangements to the PSNI will lapse when the Patten target for Catholic officers has been achieved Additional powers for the Northern Ireland Human Rights Commission Reform of entry requirements to ensure access for EU nationals to posts in the Civil Service A meeting of the Northern Ireland Grand Committee in Northern Ireland Northern Ireland (St Andrews Agreement) Act 2006 This Act, which received Royal Assent on 22 November 2006, was designed to give effect to the St Andrews Agreement of 13 October 2006 in so far as legislation was necessary to get the new Assembly up and running and to amend the Northern Ireland Act 1998 (which implemented the Belfast/Good Friday Agreement) as necessary. Part 1 of the Act provided for a Transitional Assembly and elections for the new Assembly to take place on 7 March 2007. Part 2 mainly makes the very detailed amendments to the 1998 Act necessary to make the changes to the institutions listed in Annex A of the St Andrews Agreement. It also makes provision for a new department with policing and justice functions and requires the Assembly to report to the Government on progress towards devolution of policing and justice by 27 March 2008. This Part also: 10
Puts a duty on the incoming Executive Committee to adopt a strategy relating to the enhancement and protection of the development of the Irish language and also to adopt a strategy relating to the enhancement and development of the Ulster Scots language, heritage and culture (there is no reference to the commitment to introduce an Irish Language Act) Puts a duty on the Executive Committee to adopt a strategy for tackling poverty and social inclusion and patterns of deprivation; and for that strategy to be based on objective need Part 3 amends legislation relating to District Policing Partnerships to allow participation by Sinn Fein before the next Council elections. It also suspends the implementation of the Education (Northern Ireland) Order 2006 in respect of the abolition of academic selection, which was to come into effect if the Assembly was not reconstituted by 24 November 2006, in order to allow the Assembly to vote on it if re-established according to the St Andrews Agreement timetable. Some questions for discussion and debate Devolved government The St Andrews Agreement paved the way for the restoration of devolved government. The Executive and Assembly have now been operating consistently since 8 May 2007. How are the government arrangements working? Have the Strand 1 changes brought in by the St Andrews Agreement led to stability or paralysis? North-South, East-West arrangements How have the North-South Ministerial Council and its Implementation Bodies worked since the restoration of devolution? (Note: The Review of Implementation Bodies and Areas of Cooperation is due to report before the end of 2009). 11
It seems that none of the new North-South or East-West bodies proposed have actually been set up how valuable would they be and should they be established? Policing and justice All major parties now support and participate in policing and justice institutions has this improved peace and safety for the people of Northern Ireland? There is currently still no definite agreement on the devolution of policing and justice should this happen and what difference would it make? Finance How adequate is the financial package negotiated with the British Government? Are the arrangements for financing the devolved Executive fair? Human Rights, Equality, Victims and Other Issues The following were some of the areas covered in Annex B of the St Andrews Agreement. What progress has been made on these issues and what should be done in the future? Poverty and social exclusion the impact of Executive strategy Victims rights and services the role of the new Commission for Victims and Survivors Human Rights the Bill of Rights Advice and the work of the NI Human Rights Commission Equality The Irish language and Ulster-Scots language, heritage and culture Parading the recent reviews and proposed legislation Reintegration of ex-prisoners 12
Our Vision Our vision is of a vibrant, just and inclusive society, informed and empowered through dialogue. Mission Statement To engage people at all levels in open and honest dialogue that encourages understanding. For further information please contact: Jim O Neill Dialogue Development Worker Email: jim@communitydialogue.org Telephone: 028 9035 1450 Mobile: 07540 524 186 Maura Deconink Senior Project Administrator Email: admin@communitydialogue.org Telephone: 028 9035 1450 You can find out more about Community Dialogue by logging on to our website at: www.communitydialogue.org Charity No. NI 039351 European Union European Regional Development Fund Investing in your future