Joint Statement by the British and Irish Governments and Propositions on Heads of Agreement (Lancaster House)

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Country/entity: Ireland
United Kingdom
Northern Ireland
Region: Europe and Eurasia
Agreement name: Joint Statement by the British and Irish Governments and Propositions on Heads of Agreement (Lancaster House)
Date: 12 Jan 1998
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Northern Ireland peace process
Parties: British and Irish Governments
Third parties: -
Description: The Joint Statement presents the paper 'Propositions on Heads of Agreement', which sets out propositions for debate and discussion, and presents various elements which taken together presents the outline of an acceptable agreement.

Agreement document: UK_980112_Joint Statement and Propositions of Heads of Agreement (Lancaster House).pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
Page 3-4, Propositions on Heads of Agreement
...Provisions to safeguard the rights of both communities in Northern Ireland, through arrangements for the comprehensive protection of fundamental human, civil, political, social, economic and cultural rights, including a Bill of Rights for Northern Ireland supplementing the provisions of the European Convention and to achieve full respect for the principles of treatment and freedom from discrimination, and the cultural identity and ethos of both communities. Appropriate steps to ensure an equivalent level of protection in the Republic.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: Page 1-2, Joint Statement, 5.
The two governments do not have a problem in clarifying certain matters, for example:
...the new British/Irish Agreement will embrace both the intergovernmental Council and the North/South Ministerial Council, which will operate independently in their designated areas of responsibility. And with acknowledging that matters not directly referred to in the paper will be dealt with where it makes sense, for example: Issues where harmonising or cross-border action is appropriate will be dealt with on that basis...

Page 3, Propositions on Heads of Agreement
...A new British-Irish agreement to replace the existing Anglo-Irish Agreement and help establish close co-operation and enhance relationships, embracing;
- An intergovernmental council to deal with the totality of relationships, to include representatives of the British and Irish governments, the Northern Ireland administration and the devolved institutions in Scotland and Wales, with meetings twice a year at summit level.
- A North-South ministerial council to bring together those with executive responsibilities in Northern Ireland and the Irish Government in particular areas. Each side will consult, co-operate and take decisions on matters of mutual interest within the mandate of, and accountable to, the Northern Ireland assembly and the Oireachtas respectively. All decisions will be by agreement between the two sides, North and South.
- Suitable implementation bodies and mechanisms for policies agreed by the North South
council in meaningful areas and at an all island level.
- Standing intergovernmental machinery between the Irish and British governments,
covering issues of mutual interest, including non-devolved issues for Northern Ireland, when representatives of the Northern Ireland administration would be involved...

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 4, Propositions on Heads of Agreement
...Democratically elected institutions in Northern Ireland, to include a Northern Ireland Assembly, elected by a system of proportional representation, exercising devolved executive and legislative responsibility over at least the responsibilities of the six Northern Ireland Departments, and with provisions to ensure that all sections of the community can participate and work together successfully in the operation of these institutions and that all sections of the community are protected...
Elections: Page 4, Propositions on Heads of Agreement
...Democratically elected institutions in Northern Ireland, to include a Northern Ireland Assembly, elected by a system of proportional representation, exercising devolved executive and legislative responsibility over at least the responsibilities of the six Northern Ireland Departments, and with provisions to ensure that all sections of the community can participate and work together successfully in the operation of these institutions and that all sections of the community are protected...
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1-2, Joint Statement, 5.
The two governments do not have a problem clarifying certain matters, for example:
Constitutional change will include changes to Article 2 and 3 of the Irish Constitution and to Section 75 of the Government of Ireland Act 1920;...

Page 3, Propositions on Heads of Agreement
Balanced constitutional change, based on commitment to the principle of consent in all its
aspects by both British and Irish governments, to include both changes to the Irish
Constitution and to British constitutional legislation...

Power sharing

Political power sharing: Power sharing→Political power sharing→General
Sub-state level
Page, 1, para 2

Democratically elected institutions in Northern Ireland, to include a Northern Ireland Assembly, elected by a system of proportional representation, exercising devolved executive and legislative responsibility over at least the responsibilities of the six Northern Ireland Departments, and with provisions to ensure that all sections of the community can participate and work together successfully in the operation of these institutions and that all sections of the community are protected.

Page 4, Propositions on Heads of Agreement
...Democratically elected institutions in Northern Ireland, to include a Northern Ireland Assembly, elected by a system of proportional representation, exercising devolved executive and legislative responsibility over at least the responsibilities of the six Northern Ireland Departments, and with provisions to ensure that all sections of the community can participate and work together successfully in the operation of these institutions and that all sections of the community are protected...
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: Page 3-4, Propositions on Heads of Agreement
...Provisions to safeguard the rights of both communities in Northern Ireland, through arrangements for the comprehensive protection of fundamental human, civil, political, social, economic and cultural rights, including a Bill of Rights for Northern Ireland supplementing the provisions of the European Convention and to achieve full respect for the principles of treatment and freedom from discrimination, and the cultural identity and ethos of both communities. Appropriate steps to ensure an equivalent level of protection in the Republic.
Treaty incorporation: Page 3-4, Propositions on Heads of Agreement
...Provisions to safeguard the rights of both communities in Northern Ireland, through arrangements for the comprehensive protection of fundamental human, civil, political, social, economic and cultural rights, including a Bill of Rights for Northern Ireland supplementing the provisions of the European Convention and to achieve full respect for the principles of treatment and freedom from discrimination, and the cultural identity and ethos of both communities. Appropriate steps to ensure an equivalent level of protection in the Republic.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Promotion
Page 3-4, Propositions on Heads of Agreement
...Provisions to safeguard the rights of both communities in Northern Ireland, through arrangements for the comprehensive protection of fundamental human, civil, political, social, economic and cultural rights, including a Bill of Rights for Northern Ireland supplementing the provisions of the European Convention and to achieve full respect for the principles of treatment and freedom from discrimination, and the cultural identity and ethos of both communities. Appropriate steps to ensure an equivalent level of protection in the Republic.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: Page 4, Propositions on Heads of Agreement
...Effective and practical measures to establish and consolidate an acceptable peaceful society, dealing with issues such as prisoners, security in all its aspects, policing and decommissioning of weapons.
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 4, Propositions on Heads of Agreement
...Effective and practical measures to establish and consolidate an acceptable peaceful society, dealing with issues such as prisoners, security in all its aspects, policing and decommissioning of weapons.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: Page 4, Propositions on Heads of Agreement
...Effective and practical measures to establish and consolidate an acceptable peaceful society, dealing with issues such as prisoners, security in all its aspects, policing and decommissioning of weapons.
Vetting: No specific mention.
Victims: Page 2, Joint Statement, 5.
...The governments wish to make clear that the position and sensitivities of the victims of violence are fully acknowledged and will continue to be taken into account where appropriate.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: CAIN Web Service
https://cain.ulster.ac.uk/events/peace/docs/bi12198.htm

Joint Statement by British and Irish Governments, 12 January 1998

1. The British and Irish governments have been working intensively over the Christmas break on the paper presented today.

The title of the paper - Propositions on Heads of Agreement - accurately conveys both our intentions and the scope of the paper.

First of all, what we have

set down are propositions for debate and discussion.

Secondly, the various elements, taken together, offer only the outline of an acceptable agreement.

As can quickly be seen, these are not detailed proposals.

Even if consensus were to be reached that they constituted a

satisfactory package, a great deal of work would still be necessary.

2. These propositions are a basis for discussion, which we hope could help the talks' participants move towards agreement.

They have been tabled on our behalf by the chairman, Senator Mitchell.

There will be an opportunity to discuss the propositions at a meeting of the talks' participants tomorrow afternoon.

3. The point has already been made about the difficulty of finding a generally satisfactory way of tabling proposals.

But those in government have a duty - especially in current circumstances - to take whatever steps are necessary to promote substantive political progress.

4. A second, crucial, point is that these propositions, while in the name of the two governments, derive in a very real sense from the views of all parties on the various issues which arise in the talks - expressed both in bilateral meetings and in the round table discussions which have taken place.

The possible propositions we have tabled represent our best guess at what could be a generally acceptable outcome.

5. The two governments do not have a problem in clarifying certain matters, for example:

Constitutional change will include changes to Articles 2 and 3 of the Irish Constitution and to Section 75 of the Government oflreland Act 1920;

and the new British/Irish Agreement will

embrace both the intergovernmental Council and the North/South Ministerial Council, which will operate independently in their designated areas of responsibility.

And with acknowledging that matters not directly referred to in the paper will be dealt with where it makes sense, for example:

Issues where harmonising or cross-border action is appropriate will be dealt with on that basis.

The governments wish to make clear that the position and sensitivities of the victims of violence are fully acknowledged and will continue to be taken into account where

appropriate.

6. The propositions need to be elucidated in detailed discussions before parties can assess the overall impact of the proposals.

We hope a discussion of the possible propositions will help participants collectively to generate a broad understanding of the key elements of a

settlement and of the balances which need to be struck between those elements, and thus make it easier to engage in tough detailed negotiations on specific aspects of it.

What we ask is that we now proceed to the detail and all parties make their judgment then.