CONTENTS
Recognising the major interest of both their countries and, above all, of' the people of Northern Ireland in diminishing the divisions there and achieving lasting peace and stability;
Recognising the need for continuing efforts to reconcile and to acknowledge the rights of the two major traditions that exist in Ireland, represented on the one hand by those who wish for no change in the present status of Northern Ireland and on the other hand by those who aspire to a sovereign united Ireland achieved by peaceful means and through agreement;
Reaffirming their total rejection of any attempt to promote political objectives by violence or the threat of violence and their determination to work together to ensure that those who adopt or support such methods do not succeed;
Recognising that a condition of genuine reconciliation and dialogue between unionists and nationalists is mutual recognition and acceptance of each other's rights;
Recognising and respecting the identities of the two communities in Northern Ireland, and the right of each to pursue its aspirations by peaceful and constitutional means;
Reaffirming their commitment to a society in Northern Ireland in which all may live in peace, free from discrimination and intolerance, and with the opportunity for both communities to participate fully in the structures and processes of government;
Have accordingly agreed as follows:
A. STATUS OF NORTHERN IRELAND
ARTICLE 1
The two Governments
(a) affirm that any change in the status of
Northern Ireland would only come about with the consent of a majority of' the
people of' Northern Ireland;
(b) recognise that the present wish of a majority of' the people of' Northern Ireland is for no change in the status of Northern Ireland;
(c) declare that, if in the future a majority of the people of'
Northern Ireland clearly wish for and formally consent to the establishment of a
united Ireland, they will introduce and support in the respective Parliaments
legislation to give effect to that wish.
B. THE INTERGOVERNMENTAL CONFERENCE
ARTICLE 2
(a) There is hereby established, within the framework of the
Anglo-Irish Intergovernmental Council set up after the meeting between the two
Heads of Government on 6 November 1981, an Intergovernmental Conference
(hereinafter referred to as "the Conference"), concerned with Northern Ireland
and with relations between the two parts of' the island of Ireland, to deal, as
set out in this Agreement, on a regular basis with
(i) political matters;
(ii) security and related matters;
(iii) legal matters, including the
administration of justice;
(iv) the promotion of cross-border co-operation.
(b) The United Kingdom Government accept that the Irish Government
will put forward views and proposals on matters relating to Northern Ireland
within the field of activity of the Conference in so far as those matters are
not the responsibility of a devolved administration in Northern Ireland. In the
interest of promoting peace and stability, determined efforts shall be made
through the Conference to resolve any differences. The Conference will be mainly
concerned with Northern Ireland; but some of' the matters under consideration
will involve cooperative action in both parts of the island of' Ireland, and
possibly also in Great Britain. Some of the proposals considered in respect of'
Northern Ireland may also be found to have application by the Irish Government.
There is no derogation from the sovereignty of either the Irish Government or
the United Kingdom Government, and each retains responsibility for the decisions
and adminis tration of government within its own jurisdiction.
ARTICLE 3
The Conference shall meet at Ministerial or official level, as required. The business of the Conference will thus receive attention at the highest level. Regular and frequent Ministerial meetings shall be held; and in particular special meetings shall be convened at the request of' either side. Officials may meet in subordinate groups. Membership of the Conference and of sub-groups shall be small and flexible. When the Conference meets at Ministerial level an Irish Minister designated as the Permanent Irish Ministerial Representative and the Secretary of State for Northern Ireland shall be joint Chairmen. Within the framework of the Conference other Irish and British Ministers may hold or attend meetings as appropriate: when legal matters are under consideration the Attorneys General may attend. Ministers may be accompanied by their officials and their professional advisers: for example, when questions of' security policy or security co-operation are being discussed, they may be accompanied by the Commissioner of the Garda Siochána and the Chief Constable of' the Royal Ulster Constabulary; or when questions of economic or social policy, or co- operation are being discussed, they may be accompanied by officials of' the relevant Departments. A Secretariat shall be established by the two Governments to service the Conference on a continuing basis in the discharge of its functions as set out in this Agreement.
ARTICLE 4
(a) In relation to matters coming within its field of activity, the
Conference shall be a framework within which the Irish Government and the United
Kingdom Government work together
(i) for the accommodation of the rights and
identities of the two traditions which exist in Northern Ireland; and
(ii)
for peace, stability and prosperity throughout the island of Ireland by
promoting reconciliation, respect for human rights, co-operation against
terrorism and the development of economic, social and cultural co-operation.
(b) It is the declared policy of the United Kingdom Government that
responsibility in respect of certain matters within the powers of the Secretary
of State for Northern Ireland should be devolved within Northern Ireland on a
basis which would secure widespread acceptance throughout the community. The
Irish Government support that policy.
(c) Both Governments recognise
that devolution can be achieved only with the co-operation of constitutional
representatives within Northern Ireland of both traditions there. The Conference
shall be a framework within which the Irish Government may put forward views and
proposals on the modalities of bringing about devolution in Northern Ireland, in
so far as they relate to the interests of the minority community.
C. POLITICAL MATTERS
ARTICLE 5
(a) The Conference shall concern itself' with measures to recognise
and accommodate the rights and identities of' the two traditions in Northern
Ireland, to protect human rights and to prevent discrimination. Matters to be
considered in this area include measures to foster the cultural heritage of both
traditions, changes in electoral arrangements, the use of flags and emblems, the
avoidance of economic and social discrimination and the advantages and
disadvantages of a Bill of Rights in some form in Northern Ireland.
(b) The discussion of these matters shall be mainly concerned with
Northern Ireland, but the possible application of any measures pursuant to this
Article by the lrish Government in their jurisdiction shall not be excluded.
(c) If it should prove impossible to achieve and sustain devolution
on a basis which secures widespread acceptance in Northern Ireland, the
Conference shall be a framework within which the Irish Government may, where the
interests of' the minority community are significantly or especially affected,
put forward views on proposals for major legislation and on major policy issues,
which are within the purview of' the Northern lreland Departments and which
remain the responsibility of the Secretary of' State for Northern Ireland.
ARTICLE 6
The Conference shall be a framework within which the Irish Government may put forward views and proposals on the role and composition of bodies appointed by the Secretary of' State for Northern Ireland or by Departments subject to his direction and control including
the Standing Advisory Commission on Human Rights;
the Fair Employment
Agency;
the Equal Opportunities Commission;
the Police Authority for
Northern Ireland;
the Police Complaints Board.
D. SECURITY AND RELATED MATTERS
ARTICLE 7
(a) The Conference shall consider
(i) security policy;
(ii)
relations between the security forces and the community;
(iii) prisons
policy.
(b) The Conference shall consider the security situation at
its regular meetings and thus provide an opportunity to address policy issues,
serious incidents and forthcoming events.
(c) The two Governments
agree that there is a need for a programme of special measures in Northern
Ireland to improve relations between the security forces and the community, with
the object in particular of making the security forces more readily accepted by
the nationalist community. Such a programme shall be developed, for the
Conference's consideration, and may include the establishment of local
consultative machinery, training in community relations, crime prevention
schemes involving the community, improvements in arrangements for handling
complaints, and action to increase the proportion of members of the minority in
the Royal Ulster Constabulary. Elements of' the programme may be considered by
the Irish Government suitable for application within their jurisdiction.
(d) The Conference may consider policy issues relating to prisons.
Individual cases may be raised as appropriate, so that information can be
provided or inquiries instituted.
E. LEGAL MATTERS, INCLUDING THE ADMINISTRATION OF JUSTICE
ARTICLE 8
The Conference shall deal with issues of concern to both countries relating
to the enforcement of the criminal law. In particular it shall consider whether
there are areas of the criminal law applying in the North and in the South
respectively which might with benefit be harmonised. The two Governments agree
on the importance of public confidence in the administration of justice. The
Conference shall seek, with the help of advice from experts as appropriate,
measures which would give substantial expression to this aim, considering inter
alia the possibility of mixed courts in both jurisdictions for the trial of
certain offences. The Conference shall also be concerned with policy aspects of
extradition and extra-territorial jurisdiction as between North and South.
F. CROSS-BORDER CO-OPERATION ON SECURITY, ECONOMIC, SOCIAL AND CULTURAL MATTERS
ARTICLE 9
(a) With a view to enhancing cross-border co-operation on security
matters, the Conference shall set in hand a programme of work to be undertaken
by the Commissioner of the Garda Siochána and the Chief Constable of the Royal
Ulster Constabulary and, where appropriate, groups of officials, in such areas
as threat assessments, exchange of information, liaison structures, technical
co-operation, training of personnel, and operational resources.
(b)
The Conference shall have no operational responsibilities; responsibility for
police operations shall remain with the heads of the respective police forces,
the Commissioner of the Garda Siochána maintaining his links with the Minister
for Justice and the Chief Constable of the Royal Ulster Constabulary his links
with the Secretary of State for Northern Ireland.
ARTICLE 10
(a) The two Governments shall co-operate to promote the economic and
social development of those areas of both parts of Ireland which have suffered
most severely from the consequences of the instability of recent years, and
shall consider the possibility of securing international support for this work.
(b) If it should prove impossible to achieve and sustain devolution
on a basis which secures widespread acceptance in Northern Ireland, the
Conference shall be a framework for the promotion of co-operation between the
two parts of Ireland concerning cross border aspects of economic, social and
cultural matters in relation to which the Secretary of State for Northern
Ireland continues to exercise authority.
(c) If responsibility is
devolved in respect of certain matters in the economic, social or cultural areas
currently within the responsibility of the Secretary of State for Northern
Ireland, machinery will need to be established by the responsible authorities in
the North and South for practical co-operation in respect of cross-border
aspects of these issues.
G. ARRANGEMENTS FOR REVIEW
ARTICLE 11
At the end of three years from signature of this Agreement, or earlier if
requested by either Government, the working of the Conference shall be reviewed
by the two Governments to see whether any changes in the scope and nature of its
activities are desirable.
H. INTERPARLIAMENTARY RELATIONS
ARTICLE 12
It will be for Parliamentary decision in Dublin and in Westminster whether to
establish an Anglo-lrish Parliamentary body of the kind adumbrated in the
Anglo-lrish Studies Report of November 1981. The two Governments agree that they
would give support as appropriate to such a body, if it were to be established.
I. FINAL CLAUSES
ARTICLE 13
This Agreement shall enter into force on the date on which the two Governments exchange notifications of their acceptance of this Agreement.
In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
Done in two originals at Hillsborough on the 15th day of November 1985
For the Government of Ireland Gearoid Mac Gearailt
For the Government Of the United Kingdom Margaret Thatcher