Agreement between the British and Irish Governments: Monitoring and Compliance
- Country/entityIreland
United Kingdom
Northern Ireland - RegionEurope and Eurasia
Europe and Eurasia
Europe and Eurasia - Agreement nameAgreement between the British and Irish Governments: Monitoring and Compliance
- Date1 Apr 2003
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelInterstate/intrastate conflict(s) ()
- StageImplementation/renegotiation
- Conflict natureGovernment/territory
- Peace processNorthern Ireland peace process
- PartiesUK government, Irish Government
- Third parties-
- DescriptionAgreement between the British and Irish Governments for the establishment of a new body that will monitor and report on the carrying out of commitments relating to the ending of paramilitary activity and the programme of security normalisation, i.e. Independent Monitoring Commission.
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
No specific mention.
- 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
No specific mention.
Governance
- Political institutions (new or reformed)
No specific mention.
- Elections
No specific mention.
- 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
No specific mention.
Power sharing
- Political power sharing
No specific mention.
- 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
No specific mention.
- Treaty incorporation
No specific mention.
- 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 lawJustice sector reform→Criminal justice and emergency law→Criminal Justice System reformPage 2-3, MONITORING AND COMPLIANCE, 3.
The following procedures will apply. Any incidents of non-compliance by any party will, in the normal course of events, be subject to either political exposure or, where appropriate, the process of law. However, with a view to further enhancing public confidence, the Governments recognise that it will also be important to consider other appropriate responses to non-compliance in the light of any reports on breaches by the Independent Monitoring Body...The British Government would envisage amending the Northern Ireland Act 1998 to enable a variety of responses appropriate to the gravity of the breach in question, including motions of censure, the withholding of allowances, temporary suspension from participation in the Agreement’s institutions or, in the most serious cases, exclusion for varying periods, to be made. - 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
No specific mention.
- Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
No specific mention.
- Ceasefire
No specific mention.
- PolicePage 4, ANNEX: TERMS OF REFERENCE OF THE INDEPENDENT MONITORING BODY, 7.
The Independent Monitoring Body would consult as required with the Policing Board, the Oversight Commissioner and the Independent International Commission on Decommissioning. - Armed forcesPage 4, ANNEX: TERMS OF REFERENCE OF THE INDEPENDENT MONITORING BODY, 2.
In relation to the British Government’s commitments to a package of security normalisation measures, the Independent Monitoring Body would publish reports as to whether those measures were being fully implemented within the agreed timescales, in the light of its assessment of the paramilitary threat and the British Government’s obligation to ensure the safety and security of the community as a whole, including:
• demolition of towers and observation posts;
• withdrawal of troops from police stations;
• closure and dismantling of military bases and installations;
• troop deployments and withdrawals from Northern Ireland and levels of British Army helicopter use; - DDRSecurity sector→DDR→Demilitarisation provisionsPage 4, ANNEX: TERMS OF REFERENCE OF THE INDEPENDENT MONITORING BODY, 7.
The Independent Monitoring Body would consult as required with the Policing Board, the Oversight Commissioner and the Independent International Commission on Decommissioning. - Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPage 2, MONITORING AND COMPLIANCE, 2.
A new independent body will therefore be created that will monitor and report on the carrying out of the commitments relating to the ending of paramilitary activity and the programme of security normalisation, as set out in paragraphs 12-19 and Annex 1 of the Joint Declaration. It will also have a more general responsibility to consider claims by any party in the Assembly that another party is fundamentally in breach of requirements in the Declaration of Support or elsewhere in the Agreement. The body will have four members, two appointed by the British Government (including one from Northern Ireland) and one each by the Irish and US Governments. It will carry out its activities with a view to promoting public confidence and ensuring that any serious noncompliance with these acts of completion is identified and reported. The terms of reference of this independent body are outlined in the attached annex.
Page 4, ANNEX: TERMS OF REFERENCE OF THE INDEPENDENT MONITORING BODY, 1.
In relation to the remaining threat from paramilitary groups the Independent
Monitoring Body would publish its findings on:
• any continuing paramilitary involvement in attacks on the security forces, murders, sectarian attacks, involvement in riots, and other criminal offences;
• any continuing involvement of paramilitary groups in training, targeting, intelligence gathering, acquisition or development of arms or weapons and other preparations for terrorist campaigns;
• the extent to which any paramilitary groups still appear to be engaged in punishment beatings/attacks and exiling;
• their assessment of whether the leaderships of such organisations are directing such incidents or seeking to prevent them; and
• trends in security incidents. - Withdrawal of foreign forces
No specific mention.
- Corruption
No specific mention.
- Crime/organised crime
No specific mention.
- Drugs
No specific mention.
- TerrorismPage 4, ANNEX, TERMS OF REFERENCE OF THE INDEPENDENT MONITORING BODY, 1.
In relation to the remaining threat from paramilitary groups the Independent Monitoring Body would publish its findings on:
... • any continuing involvement of paramilitary groups in training, targeting, intelligence gathering, acquisition or development of arms or weapons and other preparations for terrorist campaigns;
Page 4, ANNEX, TERMS OF REFERENCE OF THE INDEPENDENT MONITORING BODY, 2.
In relation to the British Government’s commitments to a package of security normalisation measures, the Independent Monitoring Body would publish reports as to whether those measures were being fully implemented within the agreed timescales, in the light of its assessment of the paramilitary threat and the British Government’s obligation to ensure the safety and security of the community as a whole, including:
... • the repeal of counter-terrorist legislation particular to Northern Ireland.
Transitional justice
- Transitional justice general
No specific mention.
- Amnesty/pardon
No specific mention.
- Courts
No specific mention.
- Mechanism
No specific mention.
- Prisoner release
No specific mention.
- Vetting
No specific mention.
- Victims
No specific mention.
- 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 mechanismPage 2-3, MONITORING AND COMPLIANCE, 3.
The following procedures will apply. Any incidents of non-compliance by any party will, in the normal course of events, be subject to either political exposure or, where appropriate, the process of law. However, with a view to further enhancing public confidence, the Governments recognise that it will also be important to consider other appropriate responses to non-compliance in the light of any reports on breaches by the Independent Monitoring Body. In this connection, the Governments propose that if the Independent Monitoring Body concluded, following its own inquiries, that there were good reasons to believe that a party or individual member of the Assembly was in breach, it would report its findings to the two Governments, making clear what action needed to be taken to remedy the breach and what measures, if any, it would be appropriate to apply. The Governments would initiate discussions in the Implementation Group to consider the action to be taken in response to the report. If the Implementation Group recommended that a motion be put before the Assembly, the Secretary of State would give notice requiring the motion to be moved. Any motion put before the Assembly following the tabling of a report would be subject to decision on a cross-community basis. Where such a motion failed to attract cross-community support, or where the Implementation Group had failed to agree a course of action, it would be a matter for the British Government, in consultation with the Irish Government and the parties, to resolve the matter in a manner consistent with the report of the Independent Monitoring Body. The British Government would envisage amending the Northern Ireland Act 1998 to enable a variety of responses appropriate to the gravity of the breach in question, including motions of censure, the withholding of allowances, temporary suspension from participation in the Agreement’s institutions or, in the most serious cases, exclusion for varying periods, to be made.
Page 4, ANNEX, TERMS OF REFERENCE OF THE INDEPENDENT MONITORING BODY, 3.
At the request of the Governments, the Independent Monitoring Body may be asked to consider claims by any party in the Assembly that another party is in breach of requirements in the Declaration of Support or elsewhere in the Agreement. - Related cases
No specific mention.
- SourceIrish DFA
AGREEMENT BETWEEN THE BRITISH AND IRISH GOVERNMENTS:
MONITORING AND COMPLIANCE
APRIL 2003
1. On account of the divisive legacies of the past and the deficit of mutual confidence between both communities, we now judge it necessary to build various safeguards and assurance mechanisms into the proposals set out in the Joint Declaration.
These do not reflect a lack of confidence by the two Governments in the willingness of the various parties to meet their commitments.
However, it is our judgement that, without such mechanisms, it will be impossible to generate the confidence which is required all round if we are to achieve the necessary outcomes.
We accept that some parties will not be able to endorse these proposals, but the two Governments believe that they are
essential to secure the future of the Agreement.
2. A new independent body will therefore be created that will monitor and report on the carrying out of the commitments relating to the ending of paramilitary activity and the programme of security normalisation, as set out in paragraphs 12-19 and Annex 1 of the Joint Declaration.
It will also have a more general responsibility to consider claims by any party in the Assembly that another party is fundamentally in breach of requirements in the Declaration of Support or elsewhere in the Agreement.
The body will have four members, two appointed by the British Government (including one from Northern Ireland) and one each by the Irish and US Governments.
It will carry out its activities with a view to promoting public confidence and ensuring that any serious noncompliance with these acts of completion is identified and reported.
The terms
of reference of this independent body are outlined in the attached annex.
3. The following procedures will apply.
Any incidents of non-compliance by any party will, in the normal course of events, be subject to either political exposure or, where appropriate, the process of law.
However, with a view to further enhancing public confidence, the Governments recognise that it will also be important to consider other appropriate responses to non-compliance in the light of any reports on breaches by the Independent Monitoring Body.
In this connection, the Governments propose that if the Independent Monitoring Body concluded, following its own inquiries, that there were good reasons to believe that a party or individual member of the Assembly was in breach, it would report its findings to the two Governments, making clear what action needed to be taken to remedy the breach and what measures, if any, it would be
appropriate to apply.
The Governments would initiate discussions in the Implementation Group to consider the action to be taken in response to the report.
If the Implementation Group recommended that a motion be put before the Assembly, the Secretary of State would give notice requiring the motion to be moved.
Any motion put before the Assembly following the tabling of a report would be subject to decision on a cross-community basis.
Where such a motion failed to attract cross-community support, or where the Implementation Group had failed to agree a course of action, it would be a matter for the British Government, in consultation with the Irish Government and the parties, to
resolve the matter in a manner consistent with the report of the Independent Monitoring Body.
The British Government would envisage amending the Northern Ireland Act 1998 to enable a variety of responses appropriate to the gravity of the breach in question, including motions of censure, the withholding of allowances, temporary suspension from participation in the Agreement’s institutions or, in the most serious cases, exclusion for varying periods, to be made.
ANNEX
TERMS OF REFERENCE OF THE INDEPENDENT MONITORING BODY
1. In relation to the remaining threat from paramilitary groups the Independent Monitoring Body would publish its findings on:
• any continuing paramilitary involvement in attacks on the security forces, murders, sectarian attacks, involvement in riots, and other criminal offences;
• any continuing involvement of paramilitary groups in training, targeting, intelligence gathering, acquisition or development of arms or weapons and other preparations for terrorist campaigns;
• the extent to which any paramilitary groups still appear to be engaged in
punishment beatings/attacks and exiling;
• their assessment of whether the leaderships of such organisations are directing such incidents or seeking to prevent them;
and
• trends in security incidents.
2. In relation to the British Government’s commitments to a package of security normalisation measures, the Independent Monitoring Body would publish reports as to whether those measures were being fully implemented within the agreed timescales, in the light of its assessment of the paramilitary threat and the British Government’s obligation to ensure the safety and security of the community as a whole, including:
• demolition of towers and observation posts;
• withdrawal of troops from police stations;
• closure and dismantling of military bases and installations;
• troop deployments and withdrawals from Northern Ireland and levels of British Army helicopter use;
• the repeal of counter-terrorist legislation particular to Northern Ireland.
3. At the request of the Governments, the Independent Monitoring Body may be asked to consider claims by any party in the Assembly that another party is in breach of requirements in the Declaration of Support or elsewhere in the Agreement.
4. The Independent Monitoring Body would report to the two Governments, making recommendations as to appropriate remedies for particular breaches and what measures, if any, it would be appropriate to apply.
5. The Independent Monitoring Body would have access to all the information necessary to carry out its functions, subject to appropriate conditions to ensure confidentiality.
6. The Independent Monitoring Body would be expected to publish reports as and when required and, in any event, at least every six months.
7. The Independent Monitoring Body would consult as required with the Policing Board, the Oversight Commissioner and the Independent International Commission on Decommissioning.