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

  • Country/entity

    Ireland
    United Kingdom
    Northern Ireland
  • Region

    Europe and Eurasia
    Europe and Eurasia
    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.


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.