Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland Establishing the Independent Reporting Commission

  • Country/entity

    Ireland
    United Kingdom
    Northern Ireland
  • Region

    Europe and Eurasia
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name

    Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland Establishing the Independent Reporting Commission
  • Date

    13 Sep 2016
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Interstate/intrastate conflict(s) ( Northern Ireland Conflict (1968 - 1998) )
  • Stage

    Implementation/renegotiation
  • Conflict nature

    Government/territory
  • Peace process

    Northern Ireland peace process
  • Parties

    For the Government of the United Kingdom of Great Britain and Northern Ireland: James Brokenshire
    For the Government of Ireland: Charles Flanagan
  • Third parties

    -
  • Description

    This short agreement sets up an Independent Reporting Commission, with a view to promoting progress towards ending paramilitary activity connected with Northern Ireland, as provided for by previous agreements, particularly the 'A Fresh Start, The Stormont Agreement and Implementation Plan'.


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
    Page 3, Article 5
    In carrying out its functions as described in Article 4 of this Agreement the Commission shall consult:...
    (c) in Northern Ireland, the Northern Ireland Executive, the Police Service of Northern Ireland, statutory agencies, local councils, communities and civic society organisations.
  • 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
    Page 1, Untitled preamble
    ...Reiterating their commitment to work collectively to achieve a society free of paramilitarism, including within the context of the Northern Ireland Executive’s Strategy to End Paramilitarism (hereafter referred to as “the Executive’s Strategy”), by tackling all paramilitary activity and associated criminality and supporting the rule of law, the PSNI and the criminal justice system;...
  • 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

    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

    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 1, Untitled preamble
    ...Reiterating their commitment to work collectively to achieve a society free of paramilitarism, including within the context of the Northern Ireland Executive’s Strategy to End Paramilitarism (hereafter referred to as “the Executive’s Strategy”), by tackling all paramilitary activity and associated criminality and supporting the rule of law, the PSNI and the criminal justice system;...

    Page 3, Article 5
    In carrying out its functions as described in Article 4 of this Agreement the Commission shall consult:...
    (c) in Northern Ireland, the Northern Ireland Executive, the Police Service of Northern Ireland, statutory agencies, local councils, communities and civic society organisations.
  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    [Summary: The agreement in its entirety provides for establishing an Independent Reporting Commission on progress towards ending paramilitary activity connected to Northern Ireland]

    Page 1, Untitled preamble
    ...Reiterating their commitment to work collectively to achieve a society free of paramilitarism, including within the context of the Northern Ireland Executive’s Strategy to End Paramilitarism (hereafter referred to as “the Executive’s Strategy”), by tackling all paramilitary activity and associated criminality and supporting the rule of law, the PSNI and the criminal justice system;...

    Page 1, Untitled preamble
    ...Having decided to establish an independent international commission to report on progress towards ending paramilitary activity connected with Northern Ireland and to report on and inform the implementation of the Executive’s Strategy;...

    Page 1, Article 1
    The Independent Reporting Commission (hereafter referred to as “the Commission”) is hereby established by the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland (hereafter “the Government of Ireland and the Government of the United Kingdom”) in accordance with this Agreement.

    Page 2, Article 2
    (1) The Commission shall be independent in the performance of its functions.
    (2) The Commission shall have the legal capacity of a body corporate.

    Page 2, Article 3
    The objective of the Commission is to carry out the functions as described in Article 4 of this Agreement with a view to promoting progress towards ending paramilitary activity connected with Northern Ireland, and supporting long term peace and stability in society and stable and inclusive devolved Government in Northern Ireland.

    Page 2, Article 4, (1)
    (1) In relation to the remaining threat of paramilitary activity, in particular from
    those paramilitary groups declared to be on ceasefire, the Commission shall:
    (a) report on progress towards ending continuing paramilitary activity connected with Northern Ireland; and
    (b) report on the implementation of the relevant measures of the Government of Ireland, the Government of the United Kingdom, and the Northern Ireland Executive, including the Executive’s Strategy.

    Page 2, Article 4, (2)
    The Commission shall report annually to the Government of Ireland, the Government of the United Kingdom and the Northern Ireland Executive. The Government of Ireland and the Government of the United Kingdom may also jointly request reports on such further occasions as required. The Government of Ireland and the Government of the United Kingdom shall publish the reports of the Commission.

    Page 2, Article 4, (3)
    The Commission, in its reports, may make recommendations to the Northern Ireland Executive in order to inform future Programme for Government priorities and commitments through to 2021.

    Page 3, Article 5
    In carrying out its functions as described in Article 4 of this Agreement the Commission shall consult:
    (a) the Government of Ireland and relevant law enforcement agencies;
    (b) the Government of the United Kingdom and relevant law enforcement agencies; and
    (c) in Northern Ireland, the Northern Ireland Executive, the Police Service of Northern Ireland, statutory agencies, local councils, communities and civic society organisations.

    Page 3, Article 6
    The members of the Commission, who shall include in their number persons of international standing, shall be appointed and serve on terms and conditions decided by the Government of Ireland and the Government of the United Kingdom, as follows:
    (a) one member shall be nominated by the Government of Ireland;
    (b) one member shall be nominated by the Government of the United Kingdom;
    (c) two members shall be nominated by the Northern Ireland Executive.

    [Summary: Articles 7-12 provide for practical arrangements of the Commission's workings, such as financial matters, immunities, and premises, including termination of the Commission]
  • 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

    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

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    United Kingdom Government
    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/554474/Ireland_1_2016_IRC_WEB.pdf

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE

GOVERNMENT OF IRELAND ESTABLISHING THE INDEPENDENT REPORTING COMMISSION

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland:

Recalling the agreement reached in multi-party negotiations and annexed to the Agreement signed by both Governments on 10 April 1998 (the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland done at Belfast on 10 April 1998);

Recalling subsequent agreements, including the St. Andrew’s Agreement, the Hillsborough Agreement devolving policing and justice powers, the Stormont House Agreement and the agreement reached on 17 November 2015, “A Fresh Start, The Stormont Agreement and Implementation Plan”;

Reiterating their commitment to work collectively to achieve a society free of paramilitarism, including within the context of the Northern Ireland Executive’s Strategy to End Paramilitarism (hereafter referred to as “the Executive’s Strategy”), by tackling all paramilitary activity and associated criminality and supporting the rule of law, the PSNI and the criminal justice system;

Having decided to establish an independent international commission to report on progress towards ending paramilitary activity connected with Northern Ireland and to report on and inform the implementation of the Executive’s Strategy;

HAVE AGREED as follows:

ARTICLE 1

The Independent Reporting Commission (hereafter referred to as “the Commission”) is hereby established by the Government of Ireland and the

Government of the United Kingdom of Great Britain and Northern Ireland (hereafter “the Government of Ireland and the Government of the United Kingdom”) in accordance with this Agreement.

ARTICLE 2

(1) The Commission shall be independent in the performance of its functions.

(2) The Commission shall have the legal capacity of a body corporate.

ARTICLE 3

The objective of the Commission is to carry out the functions as described in Article 4 of this Agreement with a view to promoting progress towards ending paramilitary activity connected with Northern Ireland, and supporting long term peace and stability in society and stable and inclusive devolved Government in Northern Ireland.

ARTICLE 4

(1) In relation to the remaining threat of paramilitary activity, in particular from those paramilitary groups declared to be on ceasefire, the Commission shall:

(a) report on progress towards ending continuing paramilitary activity connected with Northern Ireland;

and

(b) report on the implementation of the relevant measures of the Government of Ireland, the Government of the United Kingdom, and the Northern Ireland Executive, including the Executive’s Strategy.

(2) The Commission shall report annually to the Government of Ireland, the Government of the United Kingdom and the Northern Ireland Executive.

The Government of Ireland and the Government of the United Kingdom may also jointly request reports on such further occasions as required.

The Government of Ireland and the Government of the United Kingdom shall publish the reports of the Commission.

(3) The Commission, in its reports, may make recommendations to the Northern Ireland Executive in order to inform future Programme for Government priorities and commitments through to 2021.

ARTICLE 5

In carrying out its functions as described in Article 4 of this Agreement the Commission shall consult:

(a) the Government of Ireland and relevant law enforcement agencies;

(b) the Government of the United Kingdom and relevant law enforcement agencies;

and

(c) in Northern Ireland, the Northern Ireland Executive, the Police Service of Northern Ireland, statutory agencies, local councils, communities and civic society organisations.

ARTICLE 6

The members of the Commission, who shall include in their number persons of international standing, shall be appointed and serve on terms and conditions decided by the Government of Ireland and the Government of the United Kingdom, as follows:

(a) one member shall be nominated by the Government of Ireland;

(b) one member shall be nominated by the Government of the United Kingdom;

(c) two members shall be nominated by the Northern Ireland Executive.

ARTICLE 7

(1) The Commission, its members, staff, property and premises, and any agents of, or persons carrying out work for or giving advice to, the Commission shall have such privileges, immunities and inviolabilities as may be conferred or provided by the relevant legislation of Ireland and of the United Kingdom.

(2) That legislation shall, in particular, provide for immunity from suit and legal process, and the inviolability of the Commission archive, but may provide for the Commission to waive such immunities.

ARTICLE 8

Such moneys, premises, facilities and services as may be necessary for the proper functioning of the Commission shall be provided by the Government of Ireland and the Government of the United Kingdom on a basis to be determined by them.

ARTICLE 9

(1) No information shall be disclosed by, or on behalf of, the Commission in fulfilment of its functions under Article 4 except by decision of the Commission.

(2) Members of the Commission, staff of the Commission, persons carrying out work for or giving advice to the Commission and agents of the Commission shall, in accordance with the relevant legislation of Ireland and of the United Kingdom, be bound not to disclose any information obtained in the course of the performance of their functions under Article 4 as such members, persons or agents unless such disclosure is authorised by the Commission.

Communication of such information to each other shall not be considered disclosure for the purposes of this Article.

(3) The Commission shall not do anything in carrying out its functions which might;

(a) put at risk the safety or life of any person;

(b) prejudice the national security interests of Ireland or of the United Kingdom;

(c) have a prejudicial effect on any proceedings which have, or are likely to be, commenced in a court of law;

or

(d) have a prejudicial effect on the prevention, investigation, detection or prosecution of crime.

(4) Legislation in Ireland and in the United Kingdom may set out arrangements under which the Government of Ireland or the Government of the United Kingdom, respectively, may assist the Commission in meeting its obligations set out in Article 9(3).

ARTICLE 10

The Commission shall keep proper accounts and proper records of all moneys received or expended by it and shall, at the joint request of the Government of Ireland and the Government of the United Kingdom, appoint auditors who shall audit the accounts of the Commission.

The reports of the auditors shall be submitted to both the Government of Ireland and the Government of the United Kingdom.

ARTICLE 11

This Agreement shall enter into force on the date on which the Government of Ireland and the Government of the United Kingdom exchange notifications of completion of any procedures required by their law for entry into force of the Agreement.

ARTICLE 12

This Agreement shall continue in force until terminated by mutual agreement of the Government of Ireland and the Government of the United Kingdom and thereafter shall cease to have effect save in so far as and to the extent necessary for meeting any liabilities or disposing in an orderly manner of any remaining assets of the Commission and for the destruction by the Commission of all information received by it in connection with the performance of its functions under Article 4 of this Agreement and any records it holds relating to such information.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

DONE at Dublin in two originals on the thirteenth day of September 2016.

For the Government of the United Kingdom of Great Britain and Northern Ireland:

JAMES BROKENSHIRE

For the Government of Ireland:

CHARLES FLANAGAN