Agreement between the British and Irish Governments: Monitoring and Compliance

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Country/entity: Ireland
United Kingdom
Northern Ireland
Region: Europe and Eurasia
Agreement name: Agreement between the British and Irish Governments: Monitoring and Compliance
Date: 1 Apr 2003
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Northern Ireland Conflict (1968 - 1998)
Commonly referred to as ‘the Troubles’, the most recent conflict over the territory of Northern Ireland can be framed as beginning in 1968 and ending with the Belfast Agreement (also known as the Good Friday Agreement) in 1998. While the genesis of the conflict was closely related to pressures for the state to reform with relation to discrimination against the (minority) Catholic population, the core issue of the conflict as it proceeded was the constitutional status of Northern Ireland, which was contested between the unionist/loyalist (mostly Protestant) majority, who wanted the territory to remain as part of the United Kingdom, and the nationalist/republican (mostly Catholic) minority, whose goal was to unite the six provincial counties with the Republic of Ireland. The thirty years prior to the Belfast or Good Friday Agreement were marked by inter-communal violence, active paramilitary groups, and the deployment of the British army in the province. Mediation by international actors, and dialogue between the British and Irish governments, and between the IRA and its representatives and the British Government eventually resulted in a ceasefire respected by the majority of combatants. Talks led to the Belfast or Good Friday Agreement which established a power-sharing system of governance between nationalist and unionist communities.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Northern Ireland peace process
Parties: UK government, Irish Government
Third parties: -
Description: Agreement 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.

Agreement document: UK_IE_030401_Agreement between the British and Irish Governments, Monitoring and Compliance.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: 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 law: Justice sector reform→Criminal justice and emergency law→Criminal Justice System reform
Page 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.
Police: Page 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 forces: 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:
• 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;
DDR: Security sector→DDR→Demilitarisation provisions
Page 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 forces: Page 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.
Terrorism: 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 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 mechanism: Page 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.
Source: Irish 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.