Matters referred to the Assembly by the Secretary of State: Report by the First Minister (Designate) and Deputy First Minister (Designate)
1. Introduction
1.1 On 1 July 1998 the New Northern Ireland Assembly (the Assembly) resolved that we should consider certain matters referred to it by the Secretary of State, make proposals on those matters and report. This report represents our further response to the resolution, following our Interim Report to the Assembly on 14 September, 1998. It also takes account of the Assembly's resolution of 15 December 1998.
1.2 The matters on which we have been asked to bring forward proposals are:
agreement on the number of Ministerial posts and the distribution of executive responsibility between those posts;
preparations for establishing the North/South Ministerial Council and associated matters for co-operation and implementation;
preparations for the establishment of the British Irish Council and
the establishment of the consultative Civic Forum.
2. Consultation
2.1 In our Interim Report on 14 September, 1998 we indicated that we would reflect carefully on the round-table and bilateral meetings which we had had with the Assembly parties, on the debate in the Assembly and on further material which we anticipated receiving. Thereafter, we would consider our best to make progress and would report further to the Assembly in due course.
2.2 On 26 October, 1998, we announced in a joint statement to the Assembly our intention to initiate a further round of intensive consultants with the parties on the same basis as previously. On 28 October, we circulated working papers on Departmental structures and North South co-operation, reflecting our joint understanding of the parties' positions on these matters as expressed orally and/or in writing. We are very grateful to officials in various Departments, to the Head of the Civil Service and to officials in our own support team for their work in preparing this material, and, indeed, for their assistance throughout the consultant process.
2.3 We met in round-table format with representatives of six parties - the UUP, the SDLP, Sinn Fein, Alliance, PUP and the NIWC - on 29 October. It is a matter of regret to us that the remaining three parties - the DUP, UKUP and UUAP - declined the opportunity to attend. However, we received written observations dated 27 October, 1998 from the DUP, and we had bilateral meetings with representatives of that party and also with the UKUP and UUAP on 2 November.
2.4 Following the 29 October meeting, we had several more round-table sessions with the six participating parties - three on 2 November (one of which included the Taoiseach and representatives of the Irish Government) and one each on 6 November, 12 November and 17 November - during which further papers from the parties and officials were considered.
2.5 In addition, between 3 November and 9 November 1998 there were two meetings of a smaller, sub-group of the main round-table discussions which had been asked to look at a particular aspect of Departmental structures relating to employment, training and education: and since 30 November, there have been six meetings of another group looking at matters relating to the consultative Civic Forum (see Section 6) on which we have had a considerable volume of correspondence from a range of organisations and individuals.
2.6 The multilateral discussions led to an intensive round of exchanges between us, with the support of senior colleagues and in consultation with the British and Irish Governments, in the second half of November and first half of December (See Annex 1). Indeed, throughout the course of the consultation process with the parties, the Prime Minister and the Taoiseach have been directly and indirectly involved in an effort to be of assistance. On Monday, 2 November, as we have already noted, the Taoiseach, Mr Bertie Ahern and Ministers Mr David Andrews and Ms Liz O'Donnell met in Parliament Buildings in a round-table format with representatives from six of the Assembly parties. The Taoiseach and his colleagues then met those parties in a series of bilaterals. This proved to be a useful opportunity for parties to focus on suitable areas for North/South co-operation within existing mechanisms and areas for North/South implementation bodies.
2.7 On Thursday, 26 November and again on Wednesday, 2 December, the Prime Minister travelled to Stormont to meet with the parties. As members will be aware, the Wednesday, 2 December visit involved the Prime Minister in several hours of discussion on matters related to North/South bodies and Departmental structures, during which significant headway was made.
2.8 The exchanges in the second half of November and first half of December, supplemented with bilateral meetings which we had separately with a number of the parties, culminated in an agreement on Departmental structures and North/South co-operation on 18 December. We issued a detailed statement outlining the agreement later that day.
2.9 We deal with these and the other matters referred to us immediately below (section 3). In the meantime, we have recorded above the work undertaken since our Interim Report on 14 September as evidence of our determination that we would have a genuinely open and transparent process of consultation with all of the parties and that the complex issues involved would be given the fullest possible consideration.
3. Departmental Structures
3.1 We have agreed that there should be an Office of the First Minister and Deputy First Minister and 10 Departments which, taken together, will be responsible for the work of the current six Northern Ireland Departments. The new Departments and the corresponding Ministerial offices will be:
Agriculture and Rural Development
Environment
Regional Development
Social Development
Education
Higher and Further Education, Training and Employment
Enterprise, Trade and Investment
Culture, Arts and Leisure
Health, Social Services and Public Safety
Finance and Personnel
3.2 A summary of the main functions within each portfolio as agreed on 18 December, 1998 is set out in Annex 2. Decisions remain to be taken on the location of a limited number of functions. A comprehensive determination of functions will be completed and incorporated within our final report.
3.3 We have further agreed that, in addition to a number of key central functions, the Office of the First Minister and Deputy First Minister, for which separate provision is made in the Northern Ireland Act 1998, should have an Economic Policy Unit and special responsibility for Equality. A summary of the Office's function is also contained in Annex 2. A description of the Economic Policy Unit is set out in Annex 3.
3.4 We had to make a balanced judgement on these matters, having considered the views presented to us by parties and the advice provide by officials on the various permutations on Departmental structures. We have been encouraged by the broad support expressed following our 18 December statement.
3.5 Arguments were advanced for different Departmental designations. On balance, however, we believe that the model we have agreed upon provides a portfolio of Departments which are broadly balanced and offer a solid basis on which to build and deliver appropriate policies and programmes. When they are established the associated Assembly Committees will provide ample opportunity for Assembly members to be directly involved in and to contribute to the work of government in Northern Ireland.
3.6 Turning briefly to the functions designated to the Office of the First Minister and Deputy First Minister, most parties acknowledge that there are a number of functions which are most appropriately placed in the Office of the First Minister and Deputy First Minister. We gave careful consideration to some parties' concern to establish a separate Department of Equality but we concluded that this important function, given its cross-Departmental nature, would be best placed from a strategic point of view in the Office of the First Minister and Deputy First Minister. We are convinced that this arrangement will ensure the coherence and co-ordination required to promote equality across all aspects of government.
3.7 It is now our clear intention, having agreed upon the architecture of Departments, to move with urgency in seeking to address the social, economic and cultural challenges facing the whole community. We want to agree upon and implement a programme for government that will succeed in delivering efficient, accountable, transparent government and enable us to achieve economic growth and development, the benefits of which will be shared throughout the entire community. We want to address the needs of the most vulnerable and disadvantaged; we want to imbue the community with a sense of enterprise and self-reliance; we want to tackle educational disadvantage and fully utilise the human capital of our people; we want to put behind us the tragic years of trauma and separation by providing the best possible form and programme of government. The set of proposals on Departmental structures which we commend to the Assembly signal our clear determination to provide leadership and momentum.
4. North/South Co-Operation
4.1 Following consultation with the British and Irish Governments, we have identified the following six areas as suitable for co-operation through existing bodies.
Transport
Agriculture
Education
Health
Environment
Tourism
4.2 Annex 4 provides a fuller description of those aspects where we believe co-operation between North and South should take place.
4.3 In addition, we have identified six areas as suitable for the establishment of implementation bodies as follows:
Inland Waterways
Food Safety
Trade and Business Development
Special EU Programmes
Language (Irish and Ulster Scots)
Aquaculture and Marine Matters
4.4 The functions of these bodies are summarised in Annex 5.
4.5 The areas for co-operation and implementation are, we believe, suitable for consideration by the North/South Ministerial Council when it is formed.
5. British Irish Council
5.1 In our Interim Report on 14 September 1998, we noted that the British and Irish Governments were in the lead in taking forward arrangements for establishing the Council, including its method of working and other practical details for the inaugural meeting. We subsequently sought a progress report on developments for our further round of consultations with the parties towards the end of October.
5.2 The progress report indicated that the first meeting of the Council will take place in London at approximately the same time as the first meeting of the North/ South Ministerial Council. This will of course be subject to confirmation by all of the Council members concerned.
5.3 The progress report also confirmed that a draft Memorandum of Understanding and a draft paper on Procedural Guidance were under consideration by the British and Irish Governments. The former is an international instrument which will be made by the two Governments in order to bring the Council into being; the latter contains ideas on how the Council might operate. Copies of the latest versions were enclosed with the progress report and comments were invited. In the meantime, work on the drafts by the two Governments is continuing.
5.4 In our subsequent discussion with the parties, it was agreed that each would respond separately to the request in the progress report for comments. Meanwhile, we also noted from the progress report that the two Governments were working together on suggestions for a work programme for the Council and that this would be made available for comment in due course.
5.5 Since then, we understand that the Secretary of State has held meetings with the Secretaries of State for Scotland and Wales, and with the Minister for State at the Department of Environment, Transport and the Regions. Those Ministers have discussed preparations for the establishment of the Council and have announced an intention to meet again soon to discuss topics which would be proposed for consideration at Council meetings. Separately, the Irish Government has opened new Consulate-General in Scotland and Wales which are active in preparations for the British Irish Council; and both the Taoiseach and the Minister for Foreign Affairs have visited Edinburgh and held discussions with the Secretary of State for Scotland. As already noted, the two Governments intended to bring forward ideas for a work programme as soon as possible. In the meantime, if the parties have specific ideas which they would like to suggest for discussion in the Council, it would be helpful if they could make these known.
5.6 On a broader front, it is satisfying to note that there is a growing, wider interest in what the Council will mean for these islands. The Council was the subject of a conference organised by Encounter, in the first week in December. That conference was attended, amongst others, by representatives of the two Governments and some members of this Assembly. We are sure that all members will agree that it is an encouraging sign that there is this type of interest in the new institutions established under the Agreement.
5.7 We will continue to consult with the parties on the various matters to be considered on the establishment of the British Irish Council with a view to incorporating proposals in our final report.
6 Civic Forum
6.1 We welcome the range of views on the consultative Civic Forum which organisations and individuals throughout the community have expressed in written submissions to us. Indeed, we have received considerably more correspondence on this topic than any other matter referred to us.
6.2 A composite set of all the submissions was issued to each of the party leaders on 11 November and has since been supplemented as further submissions have arrived. A synopsis of the views expressed has also been issued as part of the consultation process with the parties.
6.3 Emerging from the roundtable discussions with the parties, it was decided to establish a study group to prepare a report advising us on the steps that should be taken to establish the consultative Civic Forum. The study group met a total of six times between 30 November, 1998 and 15 January, 1999. We understand that during its deliberations the group has considered research material on other civic forums in addition to papers by officials, individual parties and the comprehensive set of external submissions.
6.4 We expect to receive the study group's report shortly and we shall wish to give it careful consideration, following which we will bring forward proposals to the Assembly in our final report.
7. Conclusion
7.1 We commend this report to the Assembly. We will produce a final report in response to the 1 July resolution incorporating:
a. our comprehensive determination of the number of Ministerial offices to be held by Northern Ireland Ministers and the functions which would be exercisable by the holder of each such office after the appointed day;
b. further proposals in relation to establishing:
i. the North-South Ministerial Council
ii. the British-Irish Council
111. the consultative Civic Forum.
7.2 The report and the associated procedural motions will be submitted to the Assembly for 15 February, 1999, in order to facilitate devolution by 10 March, 1999.