Stormont House Agreement

  • Country/entity

    Ireland
    United Kingdom
    Northern Ireland
  • Region

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

    Stormont House Agreement
  • Date

    23 Dec 2014
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

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

    Implementation/renegotiation
  • Conflict nature

    Government/territory
  • Peace process

    Northern Ireland peace process
  • Parties

    Not signed, agreement known to be between the Northern Ireland political parties, but parties unlisted.
  • Third parties

    -
  • Description

    Agreement dealing with issues destabilising the Northern Ireland Executive, relating to flags, emblems, protests and the past. The Agreement also includes a financial annex (published separately).


Groups

  • Children/youth

    No specific mention.

  • Disabled persons
    Groups→Disabled persons→Substantive
    Page 5-6, The Past,
    The Participants agree:
    ...
    28. Further work will be undertaken to seek an acceptable way forward on the proposal for a pension for severely physically injured victims in Northern Ireland.
  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group
    Groups→Racial/ethnic/national group→Substantive
    Page 13, Outstanding Issues, 68.
    The UK Government and the Irish Government, recalling commitments from previous Agreements, and recognising the importance of understanding, tolerance and respect in relation to linguistic diversity, endorse the need for respect for and recognition of the Irish language in Northern Ireland, consistent with the Council of Europe Charter on Regional or Minority Languages.
  • Religious groups
    Groups→Religious groups→Substantive
    Page 14, Outstanding Issues, 72.
    The Northern Ireland Executive will ensure full implementation of the Together: Building a United Community strategy, and beyond that will commit to a continuing effort to eradicate sectarianism in all its forms.
  • 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
    Page 13, Outstanding Commitments, 69.
    Noting that there is not at present consensus on a Bill of Rights, the parties commit to serving the people of Northern Ireland equally, and to act in accordance with the obligations on government to promote equality and respect and to prevent discrimination; to promote a culture of tolerance, mutual respect and mutual understanding at every level of society, including initiatives to facilitate and encourage shared and integrated education and housing, social inclusion, and in particular community development and the advancement of women in public life; and to promote the interests of the whole community towards the goals of reconciliation and economic renewal.
  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family
    Page 7, The Past, Historical Investigations Unit, 33.
    The HIU will have dedicated family support staff who will involve the next of kin from the beginning and provide them with expert advice and other necessary support throughout the process.

    Page 7, The Past, Historical Investigations Unit, 34.
    The HIU will consider all cases in respect of which HET and PONI have not completed their work, including HET cases which have already been identified as requiring re-examination. Families may apply to have other cases considered for criminal investigation by the HIU if there is new evidence, which was not previously before the HET, which is relevant to the
    identification and eventual prosecution of the perpetrator.

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
    Page 3, Flags, Identity, Culture and Tradition, 15.
    The participants agree:
    A Commission on Flags, Identity, Culture and Tradition will be established by June 2015 as the basis for further addressing these issues, to report within 18 months of its being established. The Commission shall consist of fifteen members, seven of which will be nominees appointed by the leaders of the parties in the Executive. These will comprise two members for each of the two largest parties and one for each of the three next-largest parties in the Northern Ireland Executive, all as measured by their number of seats in the Northern Ireland Assembly. The remaining eight members of the Commission will be drawn from outside of government. The report and recommendations will be agreed by a majority of the overall Commission, including at least five of the seven members appointed by party leaders. Its remit will focus on flags and emblems and, as required, broader issues of identity, culture and tradition, and seek to identify maximum consensus on their application. In its work, it will be guided by the principles of the existing Agreements including parity of esteem. As the Commission’s work may touch on expressions of sovereignty and identity, it may consult the UK and Irish Governments.
  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision
    Page 8, Independent Commission on Information Retrieval (ICIR), 41.
    A new body, which will respect the sovereign integrity of each jurisdiction, will be established by the UK and Irish Governments, called the Independent Commission on Information Retrieval (ICIR), building on the precedent provided by the Independent Commission on the Location of Victims’ Remains. The objective of the ICIR will be to enable victims and survivors to seek and privately receive information about the (Troubles- related) deaths of their next of kin.

    Page 8, Independent Commission on Information Retrieval (ICIR), 44.
    The ICIR will be led by five members: an independent chairperson who may be of international standing and will be appointed by the UK and Irish Governments, in consultation with OFMDFM, together with two nominees appointed by the First and deputy First Minister, one each appointed by the UK Government and the Irish Government.

    Page 10, The Past, Implementation and Reconciliation, 55.
    The UK and Irish Governments recognise that there are outstanding investigations and allegations into Troubles-related incidents, including a number of cross-border incidents. They commit to co-operation with all bodies involved to enable their effective operation, recognising their distinctive functions, and to bring forward legislation where necessary.

    Page 14, Outstanding Issues, 70.
    On the St Andrews Agreement Review, the NSMC (meeting in Institutional format) will agree before the end of February 2015 a report on new sectoral priorities for North/South cooperation, identified during Ministerial discussions since November 2013. A report on new sectoral priorities will be a standing item for future meetings of the NSMC meeting in
    Institutional format.

    Page 14, Outstanding Issues, 71.
    In early 2015, a meeting of relevant Ministers from North and South will take place in the North West to consider strategic approaches to the development of the region as envisaged in the North West Gateway Initiative. Further meetings may also take place.

Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→General references
    Page 10, Institutional Reform, 56.
    The number of Assembly members should be reduced to five members per constituency, or such other reduction as may be agreed, in time for the 2021 Assembly election, and the Assembly will legislate accordingly.

    Page 11, Institutional Reform, 60.
    A reduction in the number of departments from twelve to nine should be made in time for the 2016 Assembly election, with the new allocation of departmental functions to be agreed by the parties.

    Page 11, Institutional Reform, 61.
    After the Assembly meets following an election and before the FM/DFM are selected and the d’Hondt process runs, representatives of the parties who are entitled to take up places in the Executive and who confirm their intention to do so will meet to resolve the draft Programme for Government. Changes to Westminster legislation (as soon as time permits) could extend the time available from seven days to fourteen days. The draft Programme would, once the Executive was formed be passed to the Assembly for approval.

    Page 11-12, Institutional Reform, 62.
    To promote greater efficiency in the conduct and discharge of Executive business, the following practice shall be observed in line with the Northern Ireland Act 1998:
    a) Agenda circulated one day in advance of an Executive meeting;
    b) Inclusion of papers as substantive agenda items no later than the third meeting following initial circulation;
    c) Areas for resolution to be recorded in the list of “Executive papers in circulation” against those papers still outstanding after the third meeting;
    d) Any three Ministers should have the facility to request a meeting of the Executive and the First and deputy First Minister would normally convene within three days (subject to the timing of the next scheduled Executive meeting);
    e) Any Minister would be entitled to have a matter put on the agenda under ‘Any other Business’;
    f) Any three Ministers would be entitled to put a matter on the substantive agenda for discussion and decision; and
    g) A protocol shall be developed to this effect.

    Page 12, Institutional Reform, 63.
    Where a Minister intends to make a statement to the Assembly they should also make clear at the start of the statement whether the statement reflects an agreed Executive positon.

    Page 12, Institutional Reform, 64.
    A new process will be brought forward for a more transparent and robust system for Members’ salaries and expenses.

    Page 12, Institutional Reform, 65.
    The maximum consultation requirement on policy will be reduced from twelve weeks to eight.

    Page 12-13, Institutional Reform, 66.
    The UK Government also stands ready to consider potential further areas of devolution and changes to intergovernmental machinery, which are under discussion elsewhere in the UK and likely to command broad support among parties in Northern Ireland.
  • Elections
    Page 10, Institutional Reform, 56.
    The number of Assembly members should be reduced to five members per constituency, or such other reduction as may be agreed, in time for the 2021 Assembly election, and the Assembly will legislate accordingly.
  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 4, Parades, 20.
    There will be a full public consultation on any agreed legislation.

    Page 5, The Past, 22.
    The Executive will, by 2016, establish an Oral History Archive to provide a central place for people from all backgrounds (and from throughout the UK and Ireland) to share experiences and narratives related to the Troubles. As well as collecting new material, this archive will attempt to draw together and work with existing oral history projects.

    Page 13, Outstanding Commitments, 67.
    The participants agree: It is important that civic voices are heard and civic views are considered in relation to key social, cultural and economic issues. A new engagement model could be achieved, by June 2015, through the establishment of a compact civic advisory panel which would meet regularly to consider key social, cultural and economic issues and to advise the NI Executive. The Chair would be appointed by the OFMDFM. Every effort would be made to minimise the administrative costs of such a body.
  • Traditional/religious leaders

    No specific mention.

  • Public administration
    Page 1, Finance and Welfare, 2.
    In particular there is a need for measures to improve the efficiency of the civil service and wider public sector and reduce administrative costs.

    Page 1, 2015-16 budget and welfare, 5.
    The Executive will adopt in January 2015 a comprehensive programme of Public Sector Reform and Restructuring which will encompass a wide range of strategies, including measures to address structural differences in relation to the cost of managing a divided society, reduce pay bill costs, such as a reduction in the size of the NICS and the wider public sector, and the extension of shared services. An independent strategic review of public sector reform conducted by OECD will report by the end of 2015.
  • Constitution

    No specific mention.


Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    Sub-state level
    Page 12-13, Institutional Reform, 66.
    The UK Government also stands ready to consider potential further areas of devolution and changes to intergovernmental machinery, which are under discussion elsewhere in the UK and likely to command broad support among parties in Northern Ireland.
    Power sharing→Political power sharing→Executive coalition
    Sub-state level
    Page 11, Institutional Reform, 61.
    After the Assembly meets following an election and before the FM/DFM are selected and the d’Hondt process runs, representatives of the parties who are entitled to take up places in the Executive and who confirm their intention to do so will meet to resolve the draft Programme for Government. Changes to Westminster legislation (as soon as time permits) could extend the time available from seven days to fourteen days. The draft Programme would, once the Executive was formed be passed to the Assembly for approval.

    Page 11-12, Institutional Reform, 62.
    To promote greater efficiency in the conduct and discharge of Executive business, the following practice shall be observed in line with the Northern Ireland Act 1998:
    a) Agenda circulated one day in advance of an Executive meeting;
    b) Inclusion of papers as substantive agenda items no later than the third meeting following initial circulation;
    c) Areas for resolution to be recorded in the list of “Executive papers in circulation” against those papers still outstanding after the third meeting;
    d) Any three Ministers should have the facility to request a meeting of the Executive and the First and deputy First Minister would normally convene within three days (subject to the timing of the next scheduled Executive meeting);
    e) Any Minister would be entitled to have a matter put on the agenda under ‘Any other Business’;
    f) Any three Ministers would be entitled to put a matter on the substantive agenda for discussion and decision; and
    g) A protocol shall be developed to this effect.

    Page 12, Institutional Reform, 63.
    Where a Minister intends to make a statement to the Assembly they should also make clear at the start of the statement whether the statement reflects an agreed Executive positon.
    Power sharing→Political power sharing→Other proportionality
    Sub-state level
    Page 10, The Past, Implementation and Reconciliation

    54. The Body will be eleven strong. Publicly elected representatives will not be eligible for appointment. The chair shall be a person of independent and international standing and will be nominated by the First Minister and deputy First Minister. The other appointments will be nominated as follows: DUP - 3 nominees, Sinn Fein – 2 nominees, SDLP – 1 nominee, UUP – 1 nominee, and Alliance Party – 1 nominee and one nominee each from the UK and Irish Governments.
    Power sharing→Political power sharing→Form of 'veto' or communal majority
    Sub-state level
    Page 10, Institutional Reform, 57.
    The threshold for Petitions of Concern should remain at 30 members.

    Page 11, Institutional Reform, 58.
    Changes will be made to the operation of the Petition of Concern mechanism through a protocol agreed between the parties.
  • 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 4, Parades, 19.
    a) Regulation of parades and related protests should be based on the following approach: i) respect for the rule of law; ii) respect for those who parade; iii) respect for those who protest; and iv) respect for those who live and work in areas in which parades and protests take place;...

    Page 5, The Past, 21.
    As part of the transition to long-term peace and stability the participants agree that an approach to dealing with the past is necessary which respects the following principles:...upholding the rule of law;...is human rights compliant;...

    Page 13, Outstanding Issues, 69.
    Noting that there is not at present consensus on a Bill of Rights, the parties commit to serving the people of Northern Ireland equally, and to act in accordance with the obligations on government to promote equality and respect and to prevent discrimination; to promote a culture of tolerance, mutual respect and mutual understanding at every level of society, including initiatives to facilitate and encourage shared and integrated education and housing, social inclusion, and in particular community development and the advancement of women in public life; and to promote the interests of the whole community towards the goals of reconciliation and economic renewal.
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation
    Page 4, Parades, 19.
    The legislation will focus on the rights and responsibilities of those involved in, or affected by, parades and related protests, with proper regard for fundamental rights protected by the ECHR. The aim will be to balance the competing rights of those involved, but also to recognise the responsibilities they owe to others.

    Page 6, Historical Investigations Unit, 31.
    Processes dealing with the past should be victim-centred. Legacy inquests will continue as a separate process to the HIU. Recent domestic and European judgments have demonstrated that the legacy inquest process is not providing access to a sufficiently effective investigation within an acceptable timeframe. In light of this, the Executive will take appropriate steps to improve the way the legacy inquest function is conducted to comply with ECHR Article 2 requirements.

    Page 13, Outstanding Commitments, 68.
    The UK Government and the Irish Government, recalling commitments from previous Agreements, and recognising the importance of understanding, tolerance and respect in relation to linguistic diversity, endorse the need for respect for and recognition of the Irish language in Northern Ireland, consistent with the Council of Europe Charter on Regional or Minority Languages.
  • 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 7, The Past, Historical Investigations Unit, 34.
    The HIU will consider all cases in respect of which HET and PONI have not completed their work, including HET cases which have already been identified as requiring re-examination. Families may apply to have other cases considered for criminal investigation by the HIU if there is new evidence, which was not previously before the HET, which is relevant to the identification and eventual prosecution of the perpetrator.

    Page 7, The Past, Historical Investigations Unit, 35.
    As with existing criminal investigations, the decision to prosecute is a matter for the DPP and the HIU may consult his office on evidentiary issues in advance of submitting a file.

    Page 7, The Past, Historical Investigations Unit, 36.
    When cases are transferred from HET and PONI, all relevant case files held by those existing bodies will be passed to the new body. In respect of its criminal investigations, the HIU will have full policing powers. In respect of the cases from PONI, the HIU will have equivalent powers to that body.

    Page 7, The Past, Historical Investigations Unit, 37.
    The UK Government makes clear that it will make full disclosure to the HIU. In order to ensure that no individuals are put at risk, and that the Government’s duty to keep people safe and secure is upheld, Westminster legislation will provide for equivalent measures to those that currently apply to existing bodies so as to prevent any damaging onward disclosure of information by the HIU.

    Page 8, The Past, Historical Investigations Unit, 39.
    The necessary arrangements will be put in place to ensure the HIU has the full co-operation of all relevant Irish authorities, including disclosure of information and documentation. This will include arrangements for co- operation between criminal investigation agencies in both jurisdictions and arrangements for obtaining evidence for use in court proceedings. Where additional legislation is required, it will be brought forward by the Irish Government.

    Page 10, Implementation and Reconciliation, 55.
    The UK and Irish Governments recognise that there are outstanding investigations and allegations into Troubles-related incidents, including a number of cross-border incidents. They commit to co-operation with all bodies involved to enable their effective operation, recognising their distinctive functions, and to bring forward legislation where necessary.
  • 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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 13, Outstanding Issues, 69.
    Noting that there is not at present consensus on a Bill of Rights, the parties commit to serving the people of Northern Ireland equally, and to act in accordance with the obligations on government to promote equality and respect and to prevent discrimination; to promote a culture of tolerance, mutual respect and mutual understanding at every level of society, including initiatives to facilitate and encourage shared and integrated education and housing, social inclusion, and in particular community development and the advancement of women in public life; and to promote the interests of the whole community towards the goals of reconciliation and economic renewal.
  • National economic plan
    Page 1, Finance and Welfare, 1.
    Early measures are needed to address the longer term structural financial difficulties in the Northern Ireland budget.

    Page 1, Finance and Welfare, 2.
    In particular there is a need for measures to improve the efficiency of the civil service and wider public sector and reduce administrative costs.

    Page 1, Finance and Welfare, 3.
    The Government has developed a comprehensive financial support package to help the Executive deliver across its priorities. The total value of the Government package represents additional spending power of almost £2 billion. Details of the financial package are in a financial annex attached to this agreement.

    Page 1, 2015-16 budget and welfare, 4.
    A final balanced budget for 2015-16 needs to be agreed in January.

    Page 1, 2015-16 budget and welfare, 5.
    The Executive will adopt in January 2015 a comprehensive programme of Public Sector Reform and Restructuring which will encompass a wide range of strategies, including measures to address structural differences in relation to the cost of managing a divided society, reduce pay bill costs, such as a reduction in the size of the NICS and the wider public sector, and the extension of shared services. An independent strategic review of public sector reform conducted by OECD will report by the end of 2015.

    Page 1, 2015-16 budget and welfare, 6.
    Legislation will be brought before the Assembly in January 2015 to give effect to welfare changes alongside further work to develop and implement flexibilities and top-ups from the block grant as part of a package of measures to address local need.

    Page 1, 2015-16 budget and welfare, 7.
    Implementation of these welfare changes will begin to take place in the financial year 2015-16 and implementation will be complete by 2016-17.

    Page 2, Medium and longer term reform, 9.
    Executive departments should also be commissioned to undertake work looking at medium and long term reform measures with the support of DFP and report back by March 2015.

    Page 2, Medium and longer term reform, 10.
    These plans will include delivery plans and implementation timetables that allow at least some measures to be delivered in 2015-16 and others as soon as possible thereafter.

    Page 2, Medium and longer term reform, 11.
    Executive departments should also consider how best to realise the value of their capital assets through reform or restructuring to realise income and longer term savings.

    Page 2, Medium and longer term reform, 12.
    There should be an independent audit of departmental spending to identify how divisions in society impact on the delivery of goods, facilities and services, and to then consider how best to reconfigure service delivery in a manner consistent with a shared future.

    Page 2, Medium and longer term reform, 13.
    Revenue raising measures may be considered if cost reductions cannot be achieved quickly enough or if there is a decision to run an enhanced provision of public services.
  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation
    Socio-economic reconstruction→Taxation→Reform of taxation
    Page 2, Additional Fiscal Devolution, 8.
    In view of the progress made in the talks, legislation will be introduced as soon as Parliament returns to enable the devolution of corporation tax in April 2017. Progress of legislation will proceed in parallel with the implementation of key measures to deliver sustainable Executive finances. More detail is included in the financial annex.

    Page 3, Additional Fiscal Devolution, 14.
    The Executive is examining a range of taxes, in furtherance of the Economic Pact signed by the Prime Minister, First Minister and deputy First Minister, to consider whether devolution could result in any clear economic or social benefit for Northern Ireland. In the light of this work the Government will consider additional fiscal devolution for Northern Ireland, including Aggregates Levy, Stamp Duty Land Tax and Landfill Tax.
  • 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→Tangible
    Page 4, Parades, 17.
    Powers to take responsibility for parades and related protests should, in principle, be devolved to the NI Assembly.

    Page 4, Parades, 19.
    The legislation will focus on the rights and responsibilities of those involved in, or affected by, parades and related protests, with proper regard for fundamental rights protected by the ECHR. The aim will be to balance the competing rights of those involved, but also to recognise the responsibilities they owe to others. The system will have regard to the following:
    a) Regulation of parades and related protests should be based on the following approach: i) respect for the rule of law; ii) respect for those who parade; iii) respect for those who protest; and iv) respect for those who live and work in areas in which parades and protests take place;
    b) Encouraging and facilitating direct, meaningful and sustained local dialogue should be at the heart of any new regulatory system for parades and protests;
    c) Transparency, proportionality, openness and fairness; and
    d) Independent adjudication will remain a necessary part of the regulatory process, but should be a last resort.
    Land, property and environment→Cultural heritage→Intangible
    Page 13, Outstanding Issues, 68.
    The UK Government and the Irish Government, recalling commitments from previous Agreements, and recognising the importance of understanding, tolerance and respect in relation to linguistic diversity, endorse the need for respect for and recognition of the Irish language in Northern Ireland, consistent with the Council of Europe Charter on Regional or Minority Languages.
    Land, property and environment→Cultural heritage→Promotion
    Page 3, Flags, Identity, Culture and Tradition, 15.
    The participants agree: A Commission on Flags, Identity, Culture and Tradition will be established by June 2015 as the basis for further addressing these issues, to report within 18 months of its being established. The Commission shall consist of fifteen members, seven of which will be nominees appointed by the leaders of the parties in the Executive. These will comprise two members for each of the two largest parties and one for each of the three next-largest parties in the Northern Ireland Executive, all as measured by their number of seats in the Northern Ireland Assembly. The remaining eight members of the Commission will be drawn from outside of government. The report and recommendations will be agreed by a majority of the overall Commission, including at least five of the seven members appointed by party leaders. Its remit will focus on flags and emblems and, as required, broader issues of identity, culture and tradition, and seek to identify maximum consensus on their application. In its work, it will be guided by the principles of the existing Agreements including parity of esteem. As the Commission’s work may touch on expressions of sovereignty and identity, it may consult the UK and Irish Governments.

    Page 4, Parades, 18.
    The Office of Legislative Counsel, working in conjunction with OFMDFM, shall provide a range of options on how the remaining key issues which include the Code of Conduct, criteria and accountability could be addressed in legislation. OFMDFM shall bring forward proposals to the Executive by June 2015.
  • 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 7, Historical Investigations Unit, 38.
    HIU will be overseen by the Northern Ireland Policing Board.
  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • 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
    Transitional justice→Amnesty/pardon→Amnesty/pardon proper
    Page 9, Independent Commission on Information Retrieval (ICIR), 49.
    The ICIR will not disclose the identities of people who provide information. No individual who provides information to the body will be immune from prosecution for any crime committed should the required evidential test be satisfied by other means.
  • Courts
    Transitional justice→Courts→National courts
    Page 7, Historical Investigations Unit, 34.
    The HIU will consider all cases in respect of which HET and PONI have not completed their work, including HET cases which have already been identified as requiring re-examination. Families may apply to have other cases considered for criminal investigation by the HIU if there is new evidence, which was not previously before the HET, which is relevant to the identification and eventual prosecution of the perpetrator.

    Page 7, Historical Investigations Unit, 35.
    As with existing criminal investigations, the decision to prosecute is a matter for the DPP and the HIU may consult his office on evidentiary issues in advance of submitting a file.

    Page 7, Historical Investigations Unit, 36.
    When cases are transferred from HET and PONI, all relevant case files held by those existing bodies will be passed to the new body. In respect of its criminal investigations, the HIU will have full policing powers. In respect of the cases from PONI, the HIU will have equivalent powers to that body.
  • Mechanism
    Page 5, The Past, 21.
    As part of the transition to long-term peace and stability the participants agree that an approach to dealing with the past is necessary which respects the following principles:
    o promoting reconciliation;
    o upholding the rule of law;
    o acknowledging and addressing the suffering of victims and survivors;
    o facilitating the pursuit of justice and information recovery;
    o is human rights compliant; and
    o is balanced, proportionate, transparent, fair and equitable.
    Consistent with those principles, the participants have agreed as follows:...

    Page 5, The Past, 22.
    The Executive will, by 2016, establish an Oral History Archive to provide a central place for people from all backgrounds (and from throughout the UK and Ireland) to share experiences and narratives related to the Troubles. As well as collecting new material, this archive will attempt to draw together and work with existing oral history projects.

    Page 5, The Past, 23.
    The sharing of experiences will be entirely voluntary and consideration will be given to protecting contributors, and the body itself, from defamation claims. The Archive will bring forward proposals on the circumstances and timing of contributions being made public.

    Page 5, The Past, 24.
    The Archive will be independent and free from political interference.

    Page 5, The Past, 25.
    A research project will be established as part of the Archive, led by academics to produce a factual historical timeline and statistical analysis of the Troubles, to report within 12 months.

    Page 6, Historical Investigations Unit, 30.
    Legislation will establish a new independent body to take forward investigations into outstanding Troubles-related deaths; the Historical Investigations Unit (HIU). The body will take forward outstanding cases from the HET process, and the legacy work of the Police Ombudsman for Northern Ireland (PONI). A report will be produced in each case.

    Page 6, Historical Investigations Unit, 31.
    Processes dealing with the past should be victim-centred. Legacy inquests will continue as a separate process to the HIU. Recent domestic and European judgments have demonstrated that the legacy inquest process is not providing access to a sufficiently effective investigation within an acceptable timeframe. In light of this, the Executive will take appropriate steps to improve the way the legacy inquest function is conducted to comply with ECHR Article 2 requirements.

    Page 7, Historical Investigations Unit, 32.
    Appropriate governance arrangements will be put in place to ensure the operational independence of the two different elements of the work of the HIU.

    Page 7, Historical Investigations Unit, 33.
    The HIU will have dedicated family support staff who will involve the next of kin from the beginning and provide them with expert advice and other necessary support throughout the process.

    Page 7, Historical Investigations Unit, 34.
    The HIU will consider all cases in respect of which HET and PONI have not completed their work, including HET cases which have already been identified as requiring re-examination. Families may apply to have other cases considered for criminal investigation by the HIU if there is new evidence, which was not previously before the HET, which is relevant to the identification and eventual prosecution of the perpetrator.

    Page 7, Historical Investigations Unit, 35.
    As with existing criminal investigations, the decision to prosecute is a matter for the DPP and the HIU may consult his office on evidentiary issues in advance of submitting a file.

    Page 7, Historical Investigations Unit, 36.
    When cases are transferred from HET and PONI, all relevant case files held by those existing bodies will be passed to the new body. In respect of its criminal investigations, the HIU will have full policing powers. In respect of the cases from PONI, the HIU will have equivalent powers to that body.

    Page 7, Historical Investigations Unit, 37.
    The UK Government makes clear that it will make full disclosure to the HIU. In order to ensure that no individuals are put at risk, and that the Government’s duty to keep people safe and secure is upheld, Westminster legislation will provide for equivalent measures to those that currently apply to existing bodies so as to prevent any damaging onward disclosure of information by the HIU.

    Page 7, Historical Investigations Unit, 38.
    HIU will be overseen by the Northern Ireland Policing Board.

    Page 8, Historical Investigations Unit, 39.
    The necessary arrangements will be put in place to ensure the HIU has the full co-operation of all relevant Irish authorities, including disclosure of information and documentation. This will include arrangements for co- operation between criminal investigation agencies in both jurisdictions and arrangements for obtaining evidence for use in court proceedings. Where additional legislation is required, it will be brought forward by the Irish Government.

    Page 8, Historical Investigations Unit, 40.
    In order to ensure expeditious investigations, the HIU should aim to complete its work within five years of its establishment.

    Page 8, Independent Commission on Information Retrieval (ICIR), 41.
    A new body, which will respect the sovereign integrity of each jurisdiction, will be established by the UK and Irish Governments, called the Independent Commission on Information Retrieval (ICIR), building on the precedent provided by the Independent Commission on the Location of Victims’ Remains. The objective of the ICIR will be to enable victims and survivors to seek and privately receive information about the (Troubles- related) deaths of their next of kin.

    Page 8, Independent Commission on Information Retrieval (ICIR), 42.
    Individuals from both the UK and Ireland will be able to seek information from the ICIR.

    Page 8, Independent Commission on Information Retrieval (ICIR), 43.
    Once established, the body will run for no longer than 5 years.

    Page 8, Independent Commission on Information Retrieval (ICIR), 44.
    The ICIR will be led by five members: an independent chairperson who may be of international standing and will be appointed by the UK and Irish Governments, in consultation with OFMDFM, together with two nominees appointed by the First and deputy First Minister, one each appointed by the UK Government and the Irish Government.

    Page 9, Independent Commission on Information Retrieval (ICIR), 45.
    The ICIR’s remit will cover both jurisdictions and will have the same functions in each. It will be entirely separate from the justice system. The ICIR will also be free to seek information from other jurisdictions, and both governments undertake to support such requests.

    Page 9, Independent Commission on Information Retrieval (ICIR), 46.
    The ICIR will not disclose information provided to it to law enforcement or intelligence agencies and this information will be inadmissible in criminal and civil proceedings. These facts will be made clear to those seeking to access information through the body.

    Page 9, Independent Commission on Information Retrieval (ICIR), 47.
    The ICIR will be given the immunities and privileges of an international body and would not be subject to judicial review, Freedom of Information, Data Protection and National Archives legislation, in either jurisdiction.

    Page 9, Independent Commission on Information Retrieval (ICIR), 48.
    Legislation will be taken forward by the UK Government, the Irish Government and the Assembly to implement the above decision on inadmissibility.

    Page 9, Independent Commission on Information Retrieval (ICIR), 49.
    The ICIR will not disclose the identities of people who provide information. No individual who provides information to the body will be immune from prosecution for any crime committed should the required evidential test be satisfied by other means.

    Page 9, Independent Commission on Information Retrieval (ICIR), 50.
    The ICIR will be held accountable to the principles of independence, rigour, fairness and balance, transparency and proportionality.

    Page 10, Implementation and Reconciliation, 55.
    The UK and Irish Governments recognise that there are outstanding investigations and allegations into Troubles-related incidents, including a number of cross-border incidents. They commit to co-operation with all bodies involved to enable their effective operation, recognising their distinctive functions, and to bring forward legislation where necessary.
  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims
    Page 5, The Past, 21.
    The participants agree: As part of the transition to long-term peace and stability the participants agree that an approach to dealing with the past is necessary which respects the following principles:
    ... - acknowledging and addressing the suffering of victims and survivors;

    Page 6, The Past, 26.
    The Executive will take steps to ensure that Victims and Survivors have access to high quality services, respecting the principles of choice and need. The needs of victims who do not live in Northern Ireland should also be recognised.

    Page 6, The Past, 27.
    The Commission for Victims and Survivors’ recommendation for a comprehensive Mental Trauma Service will be implemented. This will operate within the NHS but will work closely with the Victims and Survivors Service (VSS), and other organisations and groups who work directly with victims and survivors.

    Page 6, The Past, 28.
    Further work will be undertaken to seek an acceptable way forward on the proposal for a pension for severely physically injured victims in Northern Ireland.

    Page 6, The Past, 29.
    Victims and survivors will be given access to advocate-counsellor assistance if they wish.

    Page 6, Historical Investigations Unit, 31.
    Processes dealing with the past should be victim-centred...

    Page 8, The Past, Independent Commission on Information Retrieval (ICIR), 41.
    A new body, which will respect the sovereign integrity of each jurisdiction, will be established by the UK and Irish Governments, called the Independent Commission on Information Retrieval (ICIR), building on the precedent provided by the Independent Commission on the Location of Victims’ Remains. The objective of the ICIR will be to enable victims and survivors to seek and privately receive information about the (Troubles- related) deaths of their next of kin.
  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation
    Page 5, The Past, 21.
    The participants agree: As part of the transition to long-term peace and stability the participants agree that an approach to dealing with the past is necessary which respects the following principles:...promoting reconciliation;...

    Page 9-10, Implementation and Reconciliation, 51.
    An Implementation and Reconciliation Group (IRG) will be established to oversee themes, archives and information recovery. After 5 years a report on themes will be commissioned by the IRG from independent academic experts. Any potential evidence base for patterns and themes should be referred to the IRG from any of the legacy mechanisms, who may comment on the level of co-operation received, for the IRG’s analysis and assessment. This process should be conducted with sensitivity and rigorous intellectual integrity, devoid of any political interference.

    Page 10, Implementation and Reconciliation, 52.
    Promoting reconciliation will underlie all of the work of the IRG. It will encourage and support other initiatives that contribute to reconciliation, better understanding of the past and reducing sectarianism.

    Page 10, Implementation and Reconciliation, 53.
    In the context of the work of the IRG, the UK and Irish Governments will consider statements of acknowledgement and would expect others to do the same.

    Page 10, Implementation and Reconciliation, 54.
    The Body will be eleven strong. Publicly elected representatives will not be eligible for appointment. The chair shall be a person of independent and international standing and will be nominated by the First Minister and deputy First Minister. The other appointments will be nominated as follows: DUP - 3 nominees, Sinn Fein - 2 nominees, SDLP - 1 nominee, UUP - 1 nominee, and Alliance Party - 1 nominee and one nominee each from the UK and
    Irish Governments.

    Page 13, Outstanding Issues, 69.
    Noting that there is not at present consensus on a Bill of Rights, the parties commit to serving the people of Northern Ireland equally,...and to promote the interests of the whole community towards the goals of reconciliation and economic renewal.

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 14, Review and Monitoring, 73.
    The participants in the talks are very conscious that the integrity and credibility of this agreement is dependent on its effective and expeditious implementation. Accordingly, progress in implementing the provisions of this Agreement must be actively reviewed and monitored.

    Page 14, Review and Monitoring, 74.
    Review meetings will include the Northern Ireland Executive party leaders as well as the UK Government and Irish Government, reflecting the three stranded approach. Such meetings will be supported by the Northern Ireland Civil Service and, as appropriate, officials of the UK and Irish Governments.

    Page 14, Review and Monitoring, 75.
    There will be quarterly meetings, convened by the UK Government and Irish Government, with the first meeting before the end of January 2015 at which an implementation timetable will be agreed. Six-monthly updates on progress on the implementation of the Agreement will be published.
  • Related cases

    No specific mention.

  • Source
    UK Government
    https://www.gov.uk/government/publications/the-stormont-house-agreement

STORMONT HOUSE AGREEMENT

Finance and Welfare

The participants agree:

1. Early measures are needed to address the longer term structural financial difficulties in the Northern Ireland budget.

2. In particular there is a need for measures to improve the efficiency of the civil service and wider public sector and reduce administrative costs.

3. The Government has developed a comprehensive financial support package to help the Executive deliver across its priorities.

The total value of

the Government package represents additional spending power of almost £2 billion.

Details of the financial package are in a financial annex attached to this agreement.

2015-16 budget and welfare

4. A final balanced budget for 2015-16 needs to be agreed in January.

5. The Executive will adopt in January 2015 a comprehensive programme of Public Sector Reform and Restructuring which will encompass a wide range of strategies, including measures to address structural differences in relation to the cost of managing a divided society, reduce pay bill costs, such as a reduction in the size of the NICS and the wider public sector, and the extension of shared services.

An independent strategic review of public sector reform conducted by OECD will report by the end of 2015.

6. Legislation will be brought before the Assembly in January 2015 to give effect to welfare changes alongside further work to develop and implement flexibilities and top-ups from the block grant as part of a package of measures to address local need.

7. Implementation of these welfare changes will begin to take place in the financial year 2015-16 and implementation will be complete by 2016-17.

8. In view of the progress made in the talks, legislation will be introduced as soon as Parliament returns to enable the devolution of corporation tax in April 2017.

Progress of legislation will proceed in parallel with the implementation of key measures to deliver sustainable Executive finances.

More detail is included in the financial annex.

Medium and longer term reform

9. Executive departments should also be commissioned to undertake work looking at medium and long term reform measures with the support of DFP and report back by March 2015.

10. These plans will include delivery plans and implementation timetables that allow at least some measures to be delivered in 2015-16 and others as soon as possible thereafter.

11. Executive departments should also consider how best to realise the value of their capital assets through reform or restructuring to realise income and longer term savings.

12. There should be an independent audit of departmental spending to identify how divisions in society impact on the delivery of goods, facilities and services, and to then consider how best to reconfigure service delivery in a manner consistent with a shared future.

13. Revenue raising measures may be considered if cost reductions cannot be achieved quickly enough or if there is a decision to run an enhanced provision of public services.

Additional Fiscal Devolution

14. The Executive is examining a range of taxes, in furtherance of the Economic Pact signed by the Prime Minister, First Minister and deputy First Minister, to consider whether devolution could result in any clear economic or social benefit for Northern Ireland.

In the light of this work the Government will consider additional fiscal devolution for Northern Ireland, including Aggregates Levy, Stamp Duty Land Tax and Landfill Tax.

Flags, Identity, Culture and Tradition

The participants agree:

15. A Commission on Flags, Identity, Culture and Tradition will be established by June 2015 as the basis for further addressing these issues, to report within 18 months of its being established.

The Commission shall consist of fifteen members, seven of which will be nominees appointed by the leaders of the parties in the Executive.

These will comprise two members for each of the two largest parties and one for each of the three next-largest parties in the Northern Ireland Executive, all as measured by their number of seats in the Northern Ireland Assembly.

The remaining eight members of the Commission will be drawn from outside of government.

The report and recommendations will be agreed by a majority of the overall Commission, including at least five of the seven members appointed by party leaders.

Its remit will focus on flags and emblems and, as required, broader issues of identity, culture and tradition, and seek to identify maximum consensus on their application.

In its work, it will be guided by the principles of the existing Agreements including parity of esteem.

As the Commision's work may touch on expressions of sovereignty and identity, it may consult the UK and Irish Governments.

Parades

16. Based on the considerable level of agreement in the Party Leader Talks, earlier this year, the UK Government proposes that