Joint declaration by the British and Irish governments

The following is the full text of the Irish and British government's joint declaration.

The following is the full text of the Irish and British government's joint declaration.

Requirements of Peace and Stability

1 The two Governments have, over recent months, engaged in extensive dialogue, including discussions with the pro-Agreement parties, about ways of bringing the search for long-term peace and stability in Northern Ireland, through its concluding phase, to fruition, and of securing the full implementation of the Agreement.

2 The overwhelming majority of people in Northern Ireland want to live in a society which is normal, peaceful and secure; is inclusive of all its members, irrespective of their religious, political or cultural affiliations; demonstrates equality of opportunity and full respect; allows their voices to be heard and their concerns to be fairly and reasonably addressed through a democratic process that is fair, inclusive and durable; has a justice and policing system that enjoys widespread confidence and support and has the capacity to address criminality in all its forms, with resort to military intervention only in exceptional circumstances; and provides an overall sense of safety and confidence which contributes to an environment in which the opportunities for economic and social well-being are maximised.

READ MORE

3 A key impediment to completing the evolution to such a society in Northern Ireland is that both major traditions have lacked confidence and trust in each other. A major factor contributing to the erosion of the confidence and trust of law-abiding people throughout the community has been the continuing active manifestations of paramilitarism, sectarian violence and disorder. While it would not be possible to complete the transition to longer-term peace and stability by dwelling forever on the undoubted wrongs and associated hatred of the past, neither is it possible to create a new beginning without taking account of, and addressing, its legacies.

4 The obligation to create the circumstances in which peace and stability become a reality, and in which politically motivated violence becomes forever a thing of the past, rests on everyone. Some parties are, of course, better placed than others directly to persuade those engaged in violence to desist. And some have, over recent years, clearly demonstrated their willingness and success in doing so. However, all have an important role to play in demonstrating their commitment to the operation of political institutions that are characterised by durability, effectiveness and inclusiveness. The best way of ensuring that peace remains permanent is by demonstrating that politics work.

Acts of Completion

5 The two Governments have previously stated their commitment to the full implementation of the Agreement which, we affirmed, had already brought great gains and tangible benefits to the people of Northern Ireland. The achievements of the Agreement have already vindicated the vision and courage of those who seized that opportunity. The Agreement remains the template for political progress, has been endorsed by the people of Ireland, North and South, and is the only sustainable basis for a fair and honourable accommodation between all traditions.

6 Achieving a fully peaceful and healthy society, which we believe is now attainable, is dependent on the full realisation of the values and principles that are at the heart of the Agreement. Building on those principles and values, we are committed to undertaking and securing the acts of completion necessary to bring about a peaceful and normalised society.

7 The two Governments wish to see the devolved institutions restored as soon as possible. But devolved government in Northern Ireland can only flourish on the basis of trust between the parties. In order to re-establish that trust, it must be clear that the transition from violence to exclusively peaceful and democratic means is being brought to an unambiguous and definitive conclusion. It is also essential that each party has confidence in the commitment of the representatives of the others to the full operation and implementation of the Agreement in all its aspects and accords respect to each others' democratic mandate.

8 Taking account of all the discussions since October, we set out today the following proposals necessary to promote trust, implement the Agreement fully, restore the devolved institutions and attain a fully normal society in Northern Ireland. All concerned must, in the process of carrying out their obligations, have the required confidence that all other acts of completion will be implemented in the shortest possible time-frame. For their part, the two Governments commit themselves to proceed in this way and ask other parties to do likewise.

Political Institutions

9 The political institutions, across all three strands, are the democratic core of the Agreement. The two Governments, with the parties, have been working towards, and wish to see, the restoration of the Northern Ireland institutions as swiftly as possible. In the context of definitive acts of completion, the British Government would be prepared to repeal the power in the Northern Ireland Act 2000 to suspend these institutions by order. They recognise that the review of the operation of the Agreement this autumn (see paragraph 34 below) will need to consider other aspects of the functioning of the institutions which might contribute to greater stability.

10 The Agreement envisaged that all of its institutional and constitutional arrangements would be interlocking and interdependent. The two Governments believe that the institutions should be protected against arbitrary interruption and interference. Both Governments and the parties have responsibilities to ensure the full and stable operation of all the institutions of the Agreement, including the North-South Ministerial Council and the British-Irish Council (BIC). The two Governments expect, in accordance with the Ministerial pledge of office, all parties to play their full part in these institutions and to enable other parties to play their rightful parts.

11 The two Governments recall that the Agreement envisages that the Northern Ireland Assembly and the Oireachtas should consider developing a joint parliamentary forum. In the light of the decision already taken by the North-South Ministerial Council, the two Governments look forward to the early convening of the consultative forum involving civic society. The two Governments commend the work of the North-South Ministerial Council and of the BIC. As part of the ongoing review of its support arrangements, the two Governments will consult all participants in the BIC to establish whether a dedicated secretariat would give greater impetus to the Council's work and maximise its contribution, and will facilitate its establishment if all participants agree.

Paramilitarism

12 Five years after the Agreement, the transition to exclusively democratic means must now be completed. Ongoing paramilitary activity, sectarian violence, and criminality masquerading as a political cause, are all corrosive of the trust and confidence that are necessary to sustain a durable political process.

13 Paramilitarism and sectarian violence, therefore, must be brought to an end, from whichever part of the community they come. We need to see an immediate, full and permanent cessation of all paramilitary activity, including military attacks, training, targeting, intelligence gathering, acquisition or development of arms or weapons, other preparations for terrorist campaigns, punishment beatings and attacks and involvement in riots. Moreover, the practice of exiling must come to an end and the exiled must feel free to return in safety. Similarly, sectarian attacks and intimidation directed at vulnerable communities must cease.

14 All paramilitary groups should actively engage with the Independent International Commission on Decommissioning with a view to putting arms beyond use in a manner that is conducive to creating public confidence and all parties should, in accordance with the Agreement, use their influence to encourage and support the completion of that process. In accordance with its mandate, the Independent International Commission on Decommissioning will continue its existing functions. The two Governments continue to believe that putting all arms beyond use remains an indispensable part of implementing the Agreement.

15 Paramilitary groups need to make it clear that they have made such an historic act of completion, and that it is reflected in reality on the ground. The Governments are aware of the strides made by some groups and acknowledge that the paramilitary ceasefires, independent arms inspections and three acts of decommissioning have been important in enabling and sustaining the political process over recent years.

16 The Governments believe it is essential that those paramilitary groups that have not, to date, shown a willingness to follow the route towards peace should do so now. Should these groups fail to respond positively and decide instead to pursue criminal activities, such a course will not be tolerated. The Governments will not allow a criminal minority, of whatever persuasion, to dash the hopes and ambitions of the great majority of people who wish to see long-term peace, normality and prosperity.

17 To guard against and thwart the efforts of those who still see violence and terror as the way forward, the Governments will intensify their existing security co-operation and will respond immediately and vigorously to any form of criminal activity by armed groups. This will include decisive steps to deal with any continuing dissident republican or loyalist terrorist threats, having recourse to the full range of measures afforded by existing and planned legislation, including, in particular, measures directed to the resources and organisational capability of such groups. They will be dealt with through the application of the full rigour of the law.

Normalisation

18 The Agreement recognised that the development of a peaceful environmentcould and should mean a norma lisation of security arrangements and practices. In the context of the definitive transition to exclusively peaceful and democratic means, and recognising the changed environment brought about by the new policing arrangements and structures, security normalisation would be implemented in its entirety over a defined time-frame.

19 As outlined in Annex 1, the outcome would be that the profile of the police and army in Northern Ireland would, over the period between now and April 2005, change to that required in any peaceful society, it being accepted that normalised security arrangements have to include the capacity to respond quickly, effectively and proportionately to criminal threats that may be directed towards its individual members or towards society as a whole. The change in that profile would involve the vacation and demolition of security installations, the closure of designated military bases, a substantial decrease in military deployments in support of the police, the phased reduction in troops to peacetime levels, and a substantial decrease in military helicopter activity and usage.

Policing and Justice

20 The British Government has accepted, under the Agreement, the desirability of devolving policing and justice on a basis that is robust and workable and broadly supported by the parties. In accordance with the paper contained in Annex 2, the British Government would take an early initiative to facilitate a dialogue between the parties to address and agree the practicalities of such further devolution, including the necessary institutional arrangements, with a view to the introduction of the necessary legislation in the Westminster Parliament at the earliest opportunity and with a view to ensuring that it is achieved within the lifetime of the next Assembly.

21 The new beginning in policing envisaged by the Agreement, requires, amongst other things, all community leaders, including political party leaders and local councillors, to take steps to remove all discouragements to members of the community from supporting and applying to join the police, and making it a priority to encourage them to apply. Part of this process would involve Sinn Féin deciding to join the Policing Board and the District Policing Partnerships. In recognition of the importance of policing with the support of the community, the PSNI will renew and continue its efforts to encourage applications from all parts of the community, including those in which the service has traditionally been underrepresented. Efforts should be made to encourage recruitment from women and ethnic minorities.

22 The Police (Northern Ireland) Act 2003 received Royal Assent on 8 April. It provides the legislative basis where necessary for delivery of each of the commitments contained in the updated Implementation Plan, including where relevant in the context of acts of completion. The Act directly strengthens the powers of the Policing Board to hold the Chief Constable to account, gives it greater freedom in determining the strategic objectives for policing in Northern Ireland, and will ensure that there is full consultation on the Secretary of State's policing objectives and codes of practice.

23 Further progress towards normal policing will also include the prompt enactment of the necessary legislation by both Governments to allow for lateral entry and secondments. The stated commitments in relation to the Full Time Reserve and the Special Branch of PSNI would also be implemented. The latter issue takes due account of the reports of the Oversight Commissioner and HM Inspectorate of Constabulary. An emphasis would be placed on building up the Part Time Reserve in areas where there are currently very few Reservists.

24 The British Government has announced its intention to appoint an independent Oversight Commissioner to provide independent scrutiny of the mplementation of the Government's decisions on the Criminal Justice Review. This constitutes a major programme of transformational change and will give particular weight to modernisation, accountability, protection of human rights, ensuring a representative workforce and the effective performance of the criminal justice system. Further significant change will be introduced in the context of a second Criminal Justice Bill which will bring forward the creation of a Judicial Appointments Commission and make further provision to promote a human rights culture in the criminal justice system in Northern Ireland. The two Governments intend to move forward quickly with the development of co-operation on criminal justice matters between the two jurisdictions, where there is mutual benefit. This will focus on issues like sharing information and research, arrangements for monitoring offenders, liaison on misuse of drugs and co-ordinating registers of dangerous offenders.

Rights, Equality,

Identity and Community

25 The two Governments fully support the human rights affirmed in the Agreement, including the right to equal opportunity in all social and economic activity. In partnership with the parties, they rededicate themselves to the achievement of these objectives. Recognising the importance of the principles and mechanisms contained in the Agreement for the advancement of the human.rights and equality agendas, the two Governments commit themselves to the steps outlined in Annex 3.

26 The two Governments fully accept that acknowledging and addressing the suffering of the victims of violence is a necessary element of reconciliation. In the past, victims' needs have been neglected. Much has been achieved since the signing of the Agreement, but the time has now come to develop the next stage of policies for victims, taking account of the need for a long-term approach. The British Government reaffirms the principle that there is no hierarchy of victims. The two Governments will work with the parties, victims and survivors to seek to establish what further practical steps can be taken to recognise and address the suffering of all victims, taking into account the state of readiness of the community as a whole to engage. To facilitate that work, consideration will be given to the establishmentof a victims' and survivors' forum. Remembering and recognition are an essential part of the healing process.

27 The two Governments recognise that Northern Ireland remains a deeply divided society, with ingrained patterns of division that carry substantial human and financial costs. They recognise the importance of building trust and improving community relations, tackling sectarianism and addressing segregation, including initiatives to facilitate and encourage integrated education and mixed housing. Accordingly, the British Government will encourage the devolved administration, when restored, to prioritise and take forward a review of policy on good community relations, taking account of the consultation which is currently under way, with a view to bringing forward a strategic and integrated approach.

28 The substantial reduction in the security threat and the enabling political climate over recent years have contributed to the improved economic situation that is evident across many parts of Northern Ireland. However, both Governments recognise that many disadvantaged areas, including areas which are predominantly loyalist or nationalist, which have suffered the worst impact of the violence and alienation of the past, have not experienced a proportionate peace dividend. They recognise that unless the economic and social profile of these communities is positively transformed, the reality of a fully peaceful and healthy society will not be complete.

29 Accordingly, in consultation with the Irish Government, the International Fund for Ireland, the Special EU Programmes Body and representatives of civicsociety in Northern Ireland, the British Government will work with the devolved administration, when restored, to bring forward a strategic and integrated approach aimed at the progressive regeneration of those areas of greatest disadvantage. This approach would be fully consistent with new Targeting Social Need, and would be targeted mainly at areas of greatest social need and areas where there has been significant community division. It would also build on a range of initiatives taken by the devolved institutions before suspension, and during suspension by the Community Action Group, and would also cover the new Local Community Fund announced at Hillsborough on 12th February. Its objective would be to build on current efforts to provide an opportunity for those communities, both loyalist and nationalist, who have been the victims of past failure to become committed stakeholders in a peaceful and prosperous society. In the context of the work of the Community Action Group,

Northern Ireland Departments are identifying as a matter of urgency pilot programmes which will cover Belfast, Portadown and other areas where there is community division, with a view to establishing which forms of intervention are likely to be most effective in achieving the necessary transformation of those communities.

30 The British Government will continue to discharge all its commitments under the Agreement in respect of the Irish language. Specifically, in relation to broadcasting, the British Government will take all the necessary steps to secure the establishment as soon as possible, following receipt of the final business case in April, of a fund for financial support for Irish language film and television production. It will also take steps to encourage support to be made available for an Ulster-Scots academy. The two Governments will continue to work with the relevant regulators and broadcasting authorities to address the technical and other barriers with a view to increasing substantially the reception of TG4 in Northern Ireland.

31 In the Agreement, the participants recognised that the use of symbols and emblems for public purposes was a sensitive issue and that there was a need, in particular in creating new institutions, to ensure that they were used in a manner that promoted mutual respect rather than division. They also agreed that arrangements would be made to monitor the issue and to consider what action might be required. The British Government will discuss with the parties how to find an agreed way forward on this sensitive issue.

32 The British Government appointed Sir George Quigley to review the operation of the Parades Commission and the legislation under which it was established. He produced a very extensive report last autumn which recommended splitting into two the Commission's functions of facilitation and determination. Consultation on Sir George's recommendations will conclude at the end of April and the British Government will consider, in the light of the views expressed, the need for any future legislation in this area.

33 The two Governments, together with the parties, will collectively and proactively address other outstanding issues under these headings of the Agreement. The British Government is committed to taking the necessary steps itself to ensure that the rights and equality of all are protected, and to working closely with the devolved administration, when restored, to do so.

Review

34 The two Governments are committed to a review this autumn of the operation of the Agreement (under paragraph 8 of the Validation, Implementation and Review section). This provides a vehicle for further consideration of a number of other important issues that the parties have brought to the table.

These will include the question of designation and voting arrangements in the Northern Ireland Assembly; the effectiveness of the Pledge of Office with regard to the responsibilities of Ministers to participate in the work of the Executive and the other institutions of the Agreement; and the nomination procedures for attendance at meetings of the North-South Ministerial Council and the British-Irish Council.

The Governments will, in consultation with the parties, put forward proposals for the agenda and conduct of the review. Different formats may be appropriate for the discussion of different issues.

35 The Governments will continue to discuss appropriate issues with the parties, including through the Implementation Group, prior to the commencement of the paragraph 8 review.

Conclusion

36 The two Governments believe these proposals provide a comprehensive basis for the acts of completion sufficient to re-establish trust and confidence, restore the devolved institutions in Northern Ireland and complete the implementation of the Agreement. Accordingly, we commend them to the parties. We are determined, in continued dialogue and partnership with the parties, and, where agreed and appropriate, through the mechanism of the Implementation Group, to ensure that the Agreement succeeds for the benefit of all of the people and delivers on the promise of a new and peaceful society in Northern Ireland. We believe that the uninterrupted operation of the institutions will allow for enhanced co-operation between the parties, and provide renewed momentum in taking forward the work of the Northern Ireland Assembly and Executive.