Ian Paisley and Martin McGuinness must be considered as the North's first and deputy first ministers designate by next Friday or the Assembly elections, confirmed yesterday for March 7th, will not go ahead. This proviso is contained in legislation published yesterday.
The two governments appear prepared to compromise on the requirement in the St Andrews Agreement that the Assembly will be dissolved if by next Friday the DUP leader and Mr McGuinness are not formally nominated in the Assembly as First Minister and deputy first minister designate.
Instead the governments are attempting to construct a formula where instead of a formal nomination Dr Paisley and Mr McGuinness would informally be considered as the prospective ministers to take full office on March 26th next year.
The British and Irish governments are to continue behind-the-scenes contacts with the DUP and Sinn Féin over the coming days to resolve the standoff between the two parties over when Mr McGuinness should take a pledge of office committing himself to support the police and law and order.
The Northern Ireland (St Andrews Agreement) Bill published yesterday by Northern Secretary Peter Hain contains a pledge in which Mr McGuinness must "uphold the rule of law" and support the police and courts.
Sinn Féin insists no such pledge can be given until after the Sinn Féin Ardfheis makes a decision on policing while Dr Paisley has insisted he will not be nominated as first minister designate next Friday without Mr McGuinness affirming such a pledge.
Faced with this deadlock the governments are seeking to devise a less rigid system where after the Assembly meets on Friday they can say that Dr Paisley and Mr McGuinness, without a full nomination exercise, are considered the effective first minister and deputy first minister designate.
"Friday is seen as a very significant, symbolic moment where the parties will begin preparing for government on March 26th, the date for fully restoring devolution," a senior Dublin source said.
A Programme for Government meeting is to take place at Stormont on Monday - and thereafter weekly - where senior Sinn Féin and DUP politicians will come face to face.
Dr Paisley is not expected to attend on Monday. The governments nonetheless hope that this will create the conditions where the outstanding issues - of policing, powersharing, the pledge of office, and the devolution of policing and justice to the Northern Executive - can be settled.
The four major parties appeared satisfied with the legislation. As well as the election for March 7th and the policing pledge, it ensures that if next Friday can be fudged or finessed Assembly members in a "transitional Assembly" will continue in office with their pay through to January 30th next year when the Assembly will be dissolved to allow for the elections on March 7th.
Dr Paisley said the legislation contained "significant progress on key areas" such as policing, the policing pledge, ministerial accountability and other issues.
"Sinn Féin is still required to deliver on full support for policing, and be credibly tested, before any move to devolution," he said.