British and Irish Government Discussion Paper: Strands 2 and 3
27 January 1998

The following is the text of the papers presented by the British and Irish Governments at Lancaster House, London, 27 January 1998

1. This paper has been drawn up by the two Governments at the request of the political parties engaged in the multi-party negotiations. It is intended to facilitate open and meaningful negotiations in Strand 2 by identifying what seem to be the key issues requiring decision in Strand 2.

2. The Propositions on Heads of Agreement paper offers, for discussion, the proposal that there be "a new British-Irish Agreement to replace the existing Anglo-Irish Agreement and help establish close co-operation and enhance relationships embracing (inter alia):

• A North/South Ministerial Council to bring together those with executive responsibilities in Northern Ireland and the Irish Government in particular areas. Each side will consult, co-operate, and take decisions on matters of mutual interest within the mandate of, and accountable to, the Northern Ireland Assembly and the Oireachtas, respectively. All decisions will be by agreement between the two sides, North and South.
• Suitable implementation bodies and mechanisms for policies agreed by the North/ South Council in meaningful areas and at an all-island level".

4. Both Governments of course accept that each of the parties may wish to contribute other ideas to the discussion and would welcome such contributions. The final outcome depends on what can be agreed among the participants.

5. In their joint statement on January 12th, the Governments acknowledged that "the pro positions need to be elucidated in detailed discussion before parties can accept the overall impact of the proposals. We hope that a discussion of the possible propositions will help participants collectively to generate a broad understanding of the key elements of a settlement and of balances which need to be struck between those elements, and thus make it easier to engage in tough, detailed negotiation on specific aspects of it. What we ask is that we now proceed to the detail and all parties make their judgement then".

6. In that spirit, the two Governments have listed below a series of matters for consideration aimed at stimulating systematic, detailed debate on what appear to be the principal issues to be agreed in relation to the establishment of North/South institutions. The Governments suggest that participants consider allocating blocks of time over the remaining period at Lancaster House to the discussion of each main issue identified in this paper, bearing in mind the two Governments' intention to convene a Strand 3 liaison meeting to consider wider relationships.

a) What broad purpose or purposes should formal North/South structures serve?

b) What should be the composition and legal basis of a North/ South Ministerial Council?

c) What should be the role and function(s) of the Council? What matters might fall within its remit? How might these matters be categorised? What role could the Council have in respect of each category?

d) How might the Council operate?

e) What arrangements might be made as to membership of the Council?

f) What arrangements might be made as to decision-taking and resolving disagreement?

g) What arrangements should there be for accountability to democratically-elected institutions in Northern Ireland and the Oireachtas?

h) How might implementation bodies and mechanisms for policies agreed by the Council in meaningful areas and at an all-island level be established, operate and be held accountable?

i) What might be the relationships between the Council and other political institutions (apart from those in Northern Ireland and the Oireachtas), including the intergovernmental Council and standing intergovernmental machinery? What role might it play in respect of the EU dimension of matters within its remit?

j) How might the Council and the associated implementation bodies be funded.

k) What would be the nature and extent of administrative support required by the Council?

l) Could there be a role for a joint body to bring together members of an Assembly in Northern Ireland and the Oireachtas?

m) Might there be a role for any other institution, such as an all-island consultative forum, bringing together representatives of civil society and the social partners?

n) What arrangements might need to be made if formal North/ South structures failed to operate as intended for whatever reason?

A Paper to facilitate discussion presented by the British and Irish Governments.

1. This paper has been drawn up by the two Governments to facilitate negotiation by identifying what seem to be the key issues requiring agreement in Strand 3

2. The Propositions on Heads of Agreement paper offers, for discussion, the proposal that there be "a new British-Irish Agreement to replace the existing Anglo-Irish Agreement and help establish close co-operation and enhance relationships, embracing (inter alia):

• an intergovernmental Council to deal with the totality of relationships, to include representatives of the British and Irish Governments, the Northern Ireland administration and the devolved institutions in Scotland and Wales, the meetings twice a year at Summit level.
• standing intergovernmental machinery between the Irish and British Governments, covering issues of mutual interest, including non-devolved issues for Northern Ireland, when representatives of the Northern Ireland administration would be involved.

3. For their part, the Governments remain committed to the positions set out in the Joint Declaration and A New Framework for Agreement, of which paragraphs 39-49 are particularly relevant to these issues. It is, of course, accepted that each of the parties may wish to contribute other ideas to the discussion, and the Governments invite their views. The final outcome depends on what can be agreed among the participants.

4. The two Governments have therefore listed below, with a view to stimulating debate, what appear to them to be the principal issues to be agreed in relation to the establishment of an intergovernmental Council and standing intergovernmental machinery.

(a) What broad purpose, or purposes, should the Intergovernmental Council serve?
(b) What should be the composition and legal basis of the Council?
(c) What should be the format, role and functions of the Council?
(d) How might the Council operate?
(e) What arrangements should there be for democratic accountability?
(f) What support arrangements should there be, if necessary?
(g) Should there be arrangements for parallel inter-parliamentary co-operation?
(h) What arrangements should there be for revision and change in the Council?

Standing Intergovernmental Machinery

(a) What should be the purpose, functions and responsibilities of standing intergovernmental machinery?
(b) How should such machinery operate?
(c) What arrangements might be made for permanent administrative support?
(d) How would representatives of the Northern Ireland administration be involved when non-devolved issues for Northern Ireland were considered?
(e) What would be the relationship of such machinery with other institutions established under a British-Irish Agreement?
(f) What role might standing intergovernmental machinery have in respect of the workings of a new British-Irish Agreement as a whole?