Niall Holohan

Contents

The Peace Process in Northern Ireland–
An Overview

Niall Holohan

Political Background

The existing political division of Ireland dates from the Government of Ireland Act 1920. The Anglo-Irish Treaty was signed in 1921 and after centuries of British rule including 120 years when the country was governed as part of the United Kingdom, 26 of the 32 counties of Ire­land gained independence. The remaining six counties formed Northern Ireland, which con­tinued to be governed within the United King­dom. However, while the United Kingdom Par­liament at Westminster exercised sovereignty, power on a variety of matters was devolved to a local Parliament and Government established at Stormont in Belfast in 1920.

From 1921 to 1972, although Northern Ireland elected members to the Westminster Parlia­ment, the devolved Government at Stormont operated with virtual autonomy from London on local matters. Power remained exclusively in the hands of the Unionist party which drew its support from the majority community in the area which favoured union with Britain. The nationalist community — at the time of partition approximately one third of the population — shared the desire of the people of the rest of the island for Irish unity. Nationalists had in practice no role in government and they suf­fered discrimination in many areas, including voting rights, housing and employment.

In 1969 non-violent campaigners for civil rights met with a hostile and repressive response from the Stormont authorities, which was fol­lowed by a period of sustained political para­military activity by the IRA. There was also a corresponding growth in paramilitary violence by loyalist extremist groups.

In a deteriorating security situation the North­ern Ireland Parliament and Government were prorogued in 1972 and the British Government assumed direct responsibility for all aspects of the government of Northern Ireland. With the exception of one brief period in 1974 when a local executive was established on a power-sharing basis under the Sunningdale Agree­ment, Northern Ireland was governed under a system of direct rule under the authority of the Secretary of State for Northern Ireland (a member of the British Cabinet) until December 1999.

On 2 December 1999, power was devolved from Westminster to an Assembly and Execu­tive in Northern Ireland established under the terms of the Good Friday Agreement and in­cluding representatives of both nationalist and unionist communities.

The 1980 s and 1990 s - The Search for a Political Settlement

From the early 1980s onwards, the British and Irish Governments began to cooperate more closely in an effort to achieve a widely accept­able and durable political resolution to the Northern Ireland conflict. This effort involved both the successive establishment of a number of structures and mechanisms for dialogue and negotiation, and a growing convergence on the fundamental constitutional and other principles which underpin a settlement.

In 1981 an Anglo-Irish Intergovernmental Council was established to provide a formal framework within which relations between the two countries could be conducted.

In November 1985, the British and Irish Gov­ernments signed the Anglo-Irish Agreement enabling the Irish Government to further put forward views and proposals on many aspects of Northern Ireland affairs.

In 1991/1992, the two Governments con­vened round-table talks involving the Ulster Unionist Party (UUP), the Social Democratic and Labour Party (SDLP), the Democratic Unionist Party (DUP) and the Alliance Party of Northern Ireland. The talks were conducted on a three-stranded basis reflecting the three sets of rela­tionships underlying the Northern Ireland situa­tion, namely relationships within Northern Ire­land, between the North and South of the is­land, and between Britain and Ireland. While some common ground was identified, overall agreement could not be reached.

On 15 December 1993, the two Governments issued a Joint Declaration which set out ba­sic principles which could underpin a peace process designed to culminate in a political set­tlement of relationships in Ireland and between Ireland and Britain. Central to the Declaration were the principles of self-determination and consent. The Declaration also stated that de­ mocratically mandated parties which estab­lished a commitment to exclusively peaceful methods were free to participate fully in de­mocratic politics and in dialogue with the Gov­ernments and political parties on the way ahead.

On 31 August 1994, the IRA announced a "complete cessation of military operations".

This announcement was followed on 13 Octo­ber 1994, by a similar statement from the Combined Loyalist Military Command. Following the ceasefires the two Governments engaged in direct political dialogue with Sinn Fein and the two loyalist parties, the Progressive Unionist Party (PUP) and the Ulster Democratic Party (UDP).

On 22 February 1995, the two Governments published A New Framework for Agree­ment (known as the Framework Docu­ment),setting out their shared understanding of the possible outcome of comprehensive ne­gotiations, which could be submitted for de­mocratic ratification through referendums North and South. The document sketched out proposals for balanced constitutional change in Britain and Ireland and for new political struc­tures (covering relations in Northern Ireland, and between Britain and Ireland). It also envis­aged enhanced protection for human rights.

The year following the publication of the Joint Framework Document was dominated by efforts to move forward to comprehensive and inclu­sive political talks. In December 1995 the two Governments established an International Body under the chairmanship of US Senator George Mitchell to provide an independent assessment of the issue of decommissioning illegally held weapons, which was blocking progress to all-party talks. In its report of 24 January 1996, the International Body recommended that all parties participating in negotiations should commit themselves to six principles of democ­racy and non-violence, including the total and verifiable decommissioning of all paramilitary weapons.

On 9 February 1996, the IRA announced an end to its ceasefire. Both Governments under­took to continue the search for political agree­ment and said that a restoration of the cease­fire would allow for the resumption of political dialogue with Sinn Fein.

Multi-Party Talks

Multi-Party Talks involving the two Govern­ments and the political parties in Northern Ire­land which had been successful in a specially con­vened election in May 1996 (the UUP, DUP, SDLP, Alliance, PUP, UDP, United Kingdom Un­ionist Party (UKUP), Northern Ireland Women's Coalition (NIWC) and Labour, but excluding Sinn Fein in the absence of a ceasefire) began on 10 June 1996. The talks were chaired by Senator Mitchell, assisted by the former Finnish Prime Minister, Harri Holkeri, and the former Chief of Staff of the Canadian Army, General John de Chastelain. For the first year there was little pro­gress as issues of procedure, agenda, and de­com­missioning were slowly addressed. On 20 July 1997, the IRA announced a re­sumption of its ceasefire, thereby opening the way for the entry of Sinn Fein to the talks on 9 September. (Two of the unionist parties with­drew from the negotiations on the entry of Sinn Fein, but parties representing a majority of the unionist community remained at the negotiating table.)

Substantive negotiations began in Belfast on 24 September 1997. As the talks progressed, the Independent Chairmen worked with the two Governments and the parties to identify areas of broad agreement and isolate areas of re­maining difficulty. On 12 January 1998 the Gov­ernments published Propositions on Heads of Agreement which they presented as a basis for discussion possibly offering the outline of an acceptable agreement. This helped to focus the negotiations. In the final and intensive negotia­tions the Taoiseach, Mr Bertie Ahern TD, and the British Prime Minister, Mr Tony Blair MP, led their Governments' dele­gations.

Good Friday Agreement 1998

On Friday 10 April 1998, a comprehensive political agreement was approved at a plenary session of the Talks. The two Governments signed immediately thereafter a new British-Irish Agreement committing them to give effect to the provisions of the Multi-Party Agreement, in particular those relating to con­stitutional change and the creation of new in­stitutions.

The Good Friday (or Belfast) Agreement is in eleven sections (for the full text of the Agree­ment see Annex I).

There is a Declaration of Support in which the participants set out their commitment to a range of basic principles, including non­violence and partnership, equality and mutual respect. They promise to work in good faith to ensure the success of all the arrangements to be es­tablished, and recognise the interdependence of the institutions.

In relation to Constitutional Issues the Gov­ernments set out a shared position, based on the principles of self-determination and con­sent, in regard to the status of Northern Ire­land as part of the United Kingdom and how a united Ireland might be achieved with the con­sent of majorities in both parts of Ireland.

The Agreement provides for:

A Northern Ireland Assembly to exercise de­volved legislative powers over broad areas of social and economic policy with executive au­thority being discharged by Ministers in an Ex­ecutive Committee. Appointments are propor­tionate to party strength and all key decisions in the Assembly are taken only with cross-community support.

A North/South Ministerial Council to bring together the Irish Government and the North­ern Ireland administration to develop consulta­tion, cooperation and action on matters of mu­tual interest, which will meet regularly and fre­quently and is supported by a joint standing Secretariat. The Council will oversee the work of six implementation bodies carrying out a range of functions on an all-island, cross-bor­der, basis.

A British-Irish Council comprising represen­tatives of the two Governments and of devolved institutions in Northern Ireland, Scotland and Wales, together with the Isle of Man and the Channel Islands, to promote the harmonious and mutually beneficial development of the totality of relationships among the peoples of these islands.

A British-Irish Intergovernmental Confer­ence to bring together the Irish and British Governments to promote bilateral cooperation at all levels on matters of mutual interest, with a particular focus on non-devolved Northern Ireland matters, and supported by a joint standing Secretariat.

The Agreement also includes:

New and enhanced provisions on Human Rights and Equality Issues with steps, in­cluding the establishment of Human Rights Commissions, to be taken in the North and the South, and a range of commitments on eco­nomic, social and cultural issues, including on the Irish language in Northern Ireland.

A commitment by all parties to work construc­tively and in good faith with the Independent International Commission on Decommissioning, headed by General de Chastelain, to achieve the decommissioning of paramilitary weap­ons within two years of the approval of the Agreement.

A commitment by the British Government to achieve, as early as possible, a return to nor­mal security arrangements in Northern Ire­land.

Terms of reference for an Independent Com­mission on Policing to bring forward proposals designed to ensure that policing arrangements, including composition, recruitment, training, cul­ture, ethos and symbols, are such that Northern Ireland has a police service that can enjoy widespread support from, and is seen as an in­tegral part of, the community as a whole, and provision for a wide-ranging review of criminal justice. Provision for an accelerated release pro­gramme for prisoners affiliated to organi­sations maintaining a ceasefire, with all re­leases to be completed by June 2000.

A final section of the Agreement deals with its validation, implementation and review providing for referendums to be held in both parts of the island on 22 May 1998. It also provides for each institution to review its own operation; for the review of difficulties across two or more institutions with the Governments acting in consultation with the parties in the Assembly; and for a review conference involv­ing the two Governments and all parties in the Assembly after four years.

Implementation of the Agreement

In referendums held on 22 May 1998 the people of Ireland, both North and South, over­whelmingly endorsed the Good Friday Agree­ment. In Northern Ireland, 71.1 per cent voted to approve the Agreement. In the South, 94.4 per cent voted to allow the Government to be­come party to the Agreement. The combined Yes vote in both parts of Ireland was 85 per cent of those voting. This was the first occasion since 1918 on which all the people in Ireland had voted together to decide their political fu­ture. The electorate in the South approved amendments to the Irish Constitution, which formed part of the Agreement, to take effect when the British-Irish Agreement entered into force.

Institutional and Constitutional Aspects

On 25 June 1998 elections were held to the Northern Ireland Assembly. On 1 July 1998, David Trimble and Seamus Mallon were jointly elected First and Deputy First Ministers respec­tively. On 18 December 1998, the parties agreed the designation of ten Government De­partments to be overseen by the Executive.

Also on 18 December 1998, agreement was reached on six areas for North/South Im­plementation Bodies (Inland Waterways; Food Safety; Trade and Business Development; Special EU Programmes; Language (Irish and Ulster Scots); and Aquaculture and Marine Matters) and on six areas where cooperation will take place through existing agencies (Transport; Agriculture; Education; Health; En­vironment and Tourism).

Four supplementary Agreements providing for the establishment of the North/South Min­isterial Council, Implementation Bodies, the British-Irish Council and the British-Irish Intergovernmental Conference were signed by the two Governments on 8 March 1998.

However, disagreement between the parties on the relationship between the formation of the Executive and decommissioning led to delay in the institutions under the Agreement coming into being. In September 1999, following the failure of several attempts to secure agree­ment, the two Governments instigated a review of the implementation of these aspects of the Agreement with Senator George Mitchell acting as facilitator. Following the conclusion of the review on 29 November 1999 the Assembly, under the d'Hondt procedure (based on the seats each party holds in the Assembly), nomi­nated 10 Ministers to serve on the Executive with the UUP and the SDLP each nominating three Ministers and the DUP and Sinn Fein, two. On 2 December 1999, power was de­volved to the Assembly and the Executive, the North/South and British-Irish Institutions came into being, the British-Irish Agreement entered into force and constitutional change was ef­fected in Britain and Ireland.

Other Aspects of the Agreement

Human Rights Commissioners have been established in both jurisdictions. The Northern Ireland Human Rights Commission began its work on 1 March 1999, while the Commission in the South was established is 2000. A Joint Committee comprising both Commissions will consider human rights issues in the island of Ifeiand. ^ The Equality Commission in Northern Ireland began its work on 1 October 1999. To tackle discrimination both in the workplace and in the non-employment sphere, the Irish Government has put in place en­hanced Employment Equality and Equal Status legislation.

In keeping with its obligation under the Agree­ment on 7 May 1999 Ireland ratified the Council of Europe Framework Convention on National Minorities.

The Independent Commission on Policing in Northern Ireland, chaired by the former Gover­nor of Hong Kong, Chris Patten, reported in September 1999 making comprehensive pro­posals to bring about a police service repre­sentative in its makeup and capable of receiv­ing the support of both communities. The con­sequential Policing Act came into force in No­vember 2000. Following lengthy negotiations, the new Police Service of Northern Ireland (PSNI) was established in 2002 which has to date received the support of all the political parties except Sinn Fein.

Most Recent Developments

Difficulties between the political parties caused the new Assembly and Executive to be sus­pended on 11 February 2000. On 6 May, the Irish Republican Army (IRA) issued a statement on the decommissioning of weapons which paved the way for the re-establishment of the Executive and the Assembly was re-convened on 30 May 2000. Although an effective shared administration involving the four largest parties in the Assembly continued for some time, re­newed difficulties occurred and the Northern Ireland Secretary of State announced the sus­pension of devolved government once more on 14 October 2002. Fresh Assembly elections took place on 26 November 2003 and resulted in the Democratic Unionist Party and Sinn Fein be­coming the two largest parties in the Assembly representing the unionist and nationalist com­munities respectively. To date, these parties have failed to reach agreement on the sharing of devolved power – a major obstacle in this regard relates to the manner and timing of the complete decommissioning of arms by the IRA as provided for in the Good Friday Agreement.

On 1 May 2003, the British and Irish govern­ments published a series of proposals (the ‘Joint Declaration’). These set out in detail the steps they believed necessary to promote trust among all sides and to secure the com­plete and permanent end to paramilitary activ­ity necessary to bring about a peaceful and normal society in Northern Ireland and the full implementation of the Good Friday Agreement. Both governments continue to be committed to implementing those elements of the proposals which are not dependent on an end to para­military activity and to create the circumstances whereby a restoration of all the devolved insti­tutions in Northern Ireland will become possi­ble.

A review of the Good Friday Agreement which commenced in February 2004 and negotiations in September-December 2004 failed to result in agreement on restoring the Northern Ireland Assembly and Executive, and a complete end to paramilitarism. Initiatives to achieve both these goals are ongoing.

Niall Holohan is the Head of the Irish Representative Office to the Palestinian Authority in Ramallah. This article is based on material from 'Facts about Ireland' published by the Department of Foreign Affairs, Dublin, as well as on Mr. Holohan’s remarks at the PASSIA seminar.

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