Sue Hartigan <[EMAIL PROTECTED]> writes:
STRAND TWO
NORTH/SOUTH MINISTERIAL COUNCIL
1. Under a new British/Irish Agreement
dealing with
the totality of relationships, and
related legislation at
Westminster and in the Oireachtas, a
North/South
Ministerial Council to be established
to bring
together those with executive
responsibilities in
Northern Ireland and the Irish
Government, to
develop consultation, co-operation and
action
within the island of Ireland -
including through
implementation on an all-island and
cross-border
basis - on matters of mutual interest
within the
competence of the Administrations,
North and
South.
2. All Council decisions to be by
agreement between
the two sides. Northern Ireland to be
represented by
the First Minister, Deputy First
Minister and any relevant
Ministers, the Irish Government by the
Taoiseach and
relevant Ministers, all operating in
accordance with
the rules for democratic authority and
accountability
in force in the Northern Ireland
Assembly and the
Oireachtas respectively. Participation
in the Council
to be one of the essential
responsibilities attaching to
relevant posts in the two
Administrations. If a holder
of a relevant post will not
participate normally in the
Council, the Taoiseach in the case of
the Irish
Government and the First and Deputy
First Minister in
the case of the Northern Ireland
Administration to be
able to make alternative arrangements.
3. The Council to meet in different
formats:
(i) in plenary format twice
a year, with
Northern Ireland
representation led by
the First Minister and
Deputy First Minister
and the Irish Government led
by the
Taoiseach;
(ii) in specific sectoral
formats on a
regular and frequent basis
with each
side represented by the
appropriate
Minister;
(iii) in an appropriate
format to consider
institutional or
cross-sectoral matters
(including in relation to
the EU) and to
resolve disagreement.
4. Agendas for all meetings to be
settled by prior
agreement between the two sides, but
it will be
open to either to propose any matter
for
consideration or action.
5. The Council:
(i) to exchange information,
discuss and
consult with a view to
co-operating on
matters of mutual interest
within the
competence of both
Administrations,
North and South;
(ii) to use best endeavours
to reach
agreement on the adoption of
common
policies, in areas where
there is a mutual
cross-border and all-island
benefit, and
which are within the
competence of
both Administrations, North
and South,
making determined efforts to
overcome
any disagreements;
(iii) to take decisions by
agreement on
policies for implementation
separately in
each jurisdiction, in
relevant meaningful
areas within the competence
of both
Administrations, North and
South;
(iv) to take decisions by
agreement on
policies and action at an
all-island and
cross-border level to be
implemented by
the bodies to be established
as set out in
paragraphs 8 and 9 below.
6. Each side to be in a position to
take decisions in
the Council within the defined
authority of those
attending, through the arrangements in
place for
co-ordination of executive functions
within each
jurisdiction. Each side to remain
accountable to the
Assembly and Oireachtas respectively,
whose
approval, through the arrangements in
place on
either side, would be required for
decisions beyond
the defined authority of those
attending.
7. As soon as practically possible
after elections to
the Northern Ireland Assembly,
inaugural meetings
will take place of the Assembly, the
British/Irish
Council and the North/South
Ministerial Council in
their transitional forms. All three
institutions will meet
regularly and frequently on this basis
during the
period between the elections to the
Assembly, and
the transfer of powers to the
Assembly, in order to
establish their modus operandi.
8. During the transitional period
between the
elections to the Northern Ireland
Assembly and the
transfer of power to it,
representatives of the
Northern Ireland transitional
Administration and the
Irish Government operating in the
North/South
Ministerial Council will undertake a
work
programme, in consultation with the
British
Government, covering at least 12
subject areas, with
a view to identifying and agreeing by
31 October
1998 areas where co-operation and
implementation
for mutual benefit will take place.
Such areas may
include matters in the list set out in
the Annex.
9. As part of the work programme, the
Council will
identify and agree at least 6 matters
for co-operation
and implementation in each of the
following
categories:
(I) Matters where existing
bodies will be
the appropriate mechanisms
for
co-operation in each
separate
jurisdiction;
(ii) Matters where the
co-operation will
take place through agreed
implementation bodies on a
cross-border or all-island
level.
10. The two Governments will make
necessary
legislative and other enabling
preparations to
ensure, as an absolute commitment,
that these
bodies, which have been agreed as a
result of the
work programme, function at the time
of the
inception of the British-Irish
Agreement and the
transfer of powers, with legislative
authority for these
bodies transferred to the Assembly as
soon as
possible thereafter. Other
arrangements for the
agreed co-operation will also commence
contemporaneously with the transfer of
powers to
the Assembly.
11. The implementation bodies will
have a clear
operational remit. They will implement
on an
all-island and cross-border basis
policies agreed in
the Council.
12. Any further development of these
arrangements
to be by agreement in the Council and
with the
specific endorsement of the Northern
Ireland
Assembly and Oireachtas, subject to
the extent of the
competences and responsibility of the
two
Administrations.
13. It is understood that the
North/South Ministerial
Council and the Northern Ireland
Assembly are
mutually inter-dependent, and that one
cannot
successfully function without the
other.
14. Disagreements within the Council
to be
addressed in the format described at
paragraph 3(iii)
above or in the plenary format. By
agreement
between the two sides, experts could
be appointed
to consider a particular matter and
report.
15. Funding to be provided by the two
Administrations on the basis that the
Council and the
implementation bodies constitute a
necessary public
function.
16. The Council to be supported by a
standing joint
Secretariat, staffed by members of the
Northern
Ireland Civil Service and the Irish
Civil Service.
17. The Council to consider the
European Union
dimension of relevant matters,
including the
implementation of EU policies and
programmes and
proposals under consideration in the
EU framework.
Arrangements to be made to ensure that
the views
of the Council are taken into account
and
represented appropriately at relevant
EU meetings.
18. The Northern Ireland Assembly and
the Oireachtas
to consider developing a joint
parliamentary forum,
bringing together equal numbers from
both
institutions for discussion of matters
of mutual interest
and concern.
19. Consideration to be given to the
establishment of
an independent consultative forum
appointed by
the two Administrations,
representative of civil
society, comprising the social
partners and other
members with expertise in social,
cultural, economic
and other issues.
ANNEX
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