BRITISH-IRISH COUNCIL

1. A British-Irish Council (BIC) will be established under a new British-Irish Agreement to promote the harmonious and mutually beneficial development of the totality of relationships among the peoples of these islands.

2. Membership of the BIC will comprise representatives of the British and Irish Governments, devolved institutions in Northern Ireland, Scotland and Wales, when established, and, if appropriate, elsewhere in the United Kingdom, together with representatives of the Isle of Man and the Channel Islands.

3. The BIC will meet twice a year at Summit level, with other meetings on sectoral issues comprising appropriate representatives of the relevant members to be convened as necessary.

4. Representatives of members will operate in accordance with whatever procedures for democratic authority and accountability are in force in their respective elected institutions.

5. The BIC will consider, and will promote, consultation and co-operation on matters of common interest falling within the competence of its members. Suitable issues for early discussion in the BIC could include: transport links; environmental issues; cultural issues; minority languages; approaches to European Union (EU) issues.

6. It will be open to the BIC to agree common policies or common actions. Individual members may opt not to participate in such common policies and common action.

7. The BIC normally will operate by consensus. In relation to decisions on common policies or common actions, including their means of implementation, it will operate by agreement of all members participating in such policies or actions.

8. The members of the BIC, on a basis to be agreed between them, will provide such financial support as it may require.

9. A secretariat for the BIC will be provided by the British and Irish Governments in co-ordination with officials of each of the other members.

10. In addition to the structures provided for under this agreement, it will be open to two or more members to develop bilateral or multilateral arrangements between them. Such arrangements could include, subject to the agreement of the members concerned, mechanisms to enable consultation, co-operation and joint decision-making on matters of mutual interest; and mechanisms to implement any joint decisions they may reach. These arrangements will not require the prior approval of the BIC as a whole and will operate independently of it.

11. The elected institutions of the members will be encouraged to develop inter parliamentary links perhaps building on the British-Irish Inter parliamentary Body.

12. The full membership of the BIC will keep under review the workings of the Council including a formal published review at an appropriate time after the Agreement comes into effect and will contribute as appropriate to any review of the overall political agreement arising from the multi-party negotiations.

There will be a new British-Irish Agreement dealing with the totality of relationships. It will establish a standing British-Irish intergovernmental Conference, which will replace both the Anglo-Irish Intergovernmental Council and the Intergovernmental Conference established under the 1985 Agreement.

2. The Conference will bring together the British and Irish Governments to promote bilateral co-operation at all levels on all matters of mutual interest within the competence of both Governments.

3. The Conference will meet as required at Summit level (Prime Minister and Taoiseach). Otherwise, Governments will be represented by appropriate Ministers. Advisers, including police and security advisers, will attend as appropriate.

4. All decisions will be by agreement between both Governments. The Governments will make determined efforts to resolve disagreements between them. There will be no derogation from sovereignty of either Government.

5. In recognition of the Irish Government's special interest in Northern Ireland and of the extent to which issues of mutual concern arise in relation to Northern Ireland, there will be regular and frequent meetings of the Conference concerned with non-devolved Northern Ireland matters, on which the Irish Government may put forward views and proposals. These meetings, to be co-chaired by the Minister for Foreign Affairs and the Secretary of State for Northern Ireland, would also deal with all-island and cross-border co-operation on non-devolved issues.

6. Co-operation within the framework of the Conference will include facilitation of co-operation in security matters. The Conference also will address, in particular, the areas of rights, justice, prisons and policing in Northern Ireland (unless and until responsibility is devolved to a Northern Ireland administration) and will intensify co-operation between the two Governments on the all-island or cross border aspects of these matters.

7. Relevant executive members of the Northern Ireland Administration will be involved in meetings of the Conference, and in the reviews referred to in paragraph 9 below to discuss non-devolved Northern Ireland matters. The Northern Ireland Administration will be given advance notice of what is to be discussed at such meetings of the Conference, and will be invited to express views to both Governments in advance. Representatives of the Northern Ireland Administration will attend meetings of the Conference as and when appropriate. The two Governments will meet on their own as and when necessary.

8. The Conference will be supported by officials of the British and Irish Governments, including by a standing joint secretariat of officials dealing with non-devolved Northern Ireland matters.

9. The Conference will keep under review the workings of the new British-Irish Agreement and the machinery arid institutions established under it, including a formal published review three years after the Agreement comes into effect. Representatives of the Northern Ireland Administration will be invited to express views to the Conference in this context. The Conference will contribute as appropriate to any review of the overall political agreement arising from the multi-party negotiations.

Human Rights

The parties affirm their commitment to the mutual respect, the civil rights and the religious liberties of everyone in the community. Against the background of the recent history of communal conflict, the parties affirm in particular:

United Kingdom Legislation

2. The British Government will complete incorporation into Northern Ireland law of the European Convention on Human Rights (ECHR), with direct access to the courts, and remedies for breach of the Convention, including power for the courts to overrule Assembly legislation on grounds of inconsistency.

3. The British Government has proposed as a particular priority the creation of a statutory obligation on public authorities in Northern Ireland to carry out all their functions with due regard to the need to promote equality of opportunity in relation to religion and political opinion; gender; race; disability; age; marital status; dependants; and sexual orientation. Public bodies would be required to draw up statutory schemes showing how they would implement this obligation. Such schemes would cover arrangements for policy appraisal, public consultation, public access to services, monitoring and timetables.

4. The new Northern Ireland Human Rights Commission (see paragraph 5 below) will be invited to advise on the scope for defining, in Westminster legislation, rights supplementary to those in the European Convention on Human Rights, to reflect the particular circumstances of Northern Ireland. These additional rights to reflect the principles of mutual respect for the identity and ethos of both communities and parity of esteem, and - taken together with the ECHR - to constitute a Bill of Rights for Northern Ireland. Among the issues for consideration by the Commission will be:

New Institutions in Northern Ireland

5. A new Northern Ireland Human Rights Commission will be established by Westminster legislation, independent of Government, with an extended and enhanced role beyond that currently exercised by the Standing Advisory Commission on Human Rights, to include keeping under review the adequacy and effectiveness of laws and practices, making recommendations to Government as necessary; providing information and promoting awareness of human rights; considering draft legislation referred to them by the new Assembly; and, in appropriate cases, bringing court proceedings or providing assistance to individuals doing so.

6. The British Government has proposed a new statutory Equality Commission to replace the Fair Employment Commission, the Equal Opportunities Commission (NI), the Commission for Racial Equality (NI) and the Disability Council - such a unified Commission will advise on, validate and monitor the statutory obligation and will investigate complaints of default.

7. These improvements will build on existing protections in Westminster legislation in respect of the judiciary, the system of justice and policing.

Comparable Steps by the Irish Government

8. The Irish Government will also take steps to further strengthen the protection of human rights in its jurisdiction. The Government will, taking account of the work of the All-Party Oireachtas Committee on the Constitution and the Report of the Constitution Review Group, bring forward measures to strengthen and underpin the constitutional protection of human rights. These proposals will draw on the European Convention on Human Rights and other international legal instruments in the field of human rights and will ensure at least an equivalent level of protection of human rights as will pertain in Northern Ireland. In addition, the Irish Government will

A Joint Committee

9. It is envisaged that there would be a joint committee of representatives of the two Human Rights Commissions, North and South, as a forum for consideration of human rights issues in the island of Ireland. The joint committee will consider among other matters the possibility of establishing a charter, open to signature by all democratic political parties, reflecting and endorsing agreed measures for the protection of the fundamental rights of everyone living in the island of Ireland.

Victims of Violence and Reconciliation

10. The participants believe it is essential to acknowledge and address the suffering of the victims of violence as a necessary element of reconciliation. Sufficient resources, including statutory funding as necessary, should be allocated to victims' treatment and support programmes.

11. The participants recognise and value the work being done by many organisations to develop reconciliation and mutual understanding and respect between communities and traditions, in Northern Ireland and between North and South, and they see such work as having a vital role in consolidating peace and political agreement. Accordingly they pledge their continuing support to such organisations and will positively examine the case for enhanced financial assistance for the work of reconciliation.

RIGHTS. SAFEGUARDS AND EQUALITY OF OPPORTUNITY

Economic, Social and Cultural Issues

1. The British Government will pursue broad policies for sustained economic growth and stability in Northern Ireland, and will reduce social exclusion, pending devolution of powers to a new Northern Ireland Assembly.

2. In the light of reactions to public consultation currently under way, the British Government will make rapid progress with:

(i) a new regional development strategy for Northern Ireland, for consideration in due course by a new Northern Ireland Assembly, which would go beyond conventional land use and planning issues to include:

(ii) a new economic development strategy for Northern Ireland, for consideration in due course by a new Northern Ireland Assembly, which would provide for short and medium term economic planning linked as appropriate to the regional development strategy;

(iii) measures on employment equality, including:

3. All participants recognise the importance of respect, understanding and tolerance in relation to linguistic diversity, which is part of the cultural wealth of the people of the island of Ireland.

The British Government will in particular, in relation to the Irish language, pending the transfer of responsibility to a new Northern Ireland Assembly:

* facilitate the use of the language in speech and writing in public and private life, where there is appropriate demand;

The parties will seek to secure agreement that this commitment will be sustained by a new Northern Ireland Assembly.

4. All participants acknowledge the sensitivity of the use of symbols and emblems for public purposes, and the need in particular in creating the new institutions to ensure that such symbols and emblems are used in a manner which promotes mutual respect rather than division. Arrangements will be made to monitor this issue and consider what action might be required.

1. The participants agreed, in the Procedural Motion adopted on 24. September 1997, "that the resolution of the Decommissioning issue is an indispensable pan of the process of negotiation." It is, therefore, an indispensable part of this agreement.

2. The Participants note the progress made by the Independent International Commission on Decommissioning and the Governments in developing schemes which represent a workable basis for achieving the decommissioning of illegally-held arms in the possession of paramilitary groups.

3. All participants reaffirm their commitment to the total disarmament of all paramilitary organisations and their intention to continue to work constructively with the Independent Commission on Decommissioning to achieve this,

4. All participants undertake to work constructively and in good faith with the Independent Commission to achieve the decommissioning of all paramilitary arms within a fixed and limited period of [X years following endorsement in referendums North and South of the overall settlement] in the context of the implementation of the overall settlement.

5. The Independent Commission will monitor, review and verify progress on decommissioning of illegal arms, and will report to both Governments at regular intervals.

6. Both Governments will take all necessary steps to facilitate the decommissioning process.

[Note from the Independent Chairmen: Remaining to be resolved is the time frame for decommissioning (paragraph 3 above).]

1. The Participants note that the development of a peaceful environment on the basis of this Agreement can and should mean a normalisation of security arrangements and practices.

2. The British Government will make progress towards the objective of as early a return as possible to normal security arrangements in Northern Ireland, consistent with the level of threat and with a published overall strategy, dealing with:

(i) the reduction of the numbers and role of the Armed Forces deployed in Northern Ireland to levels compatible with a normal peaceful society;

(ii) the removal of security installations;

(iii) the removal of emergency powers in Northern Ireland;

(iv) other appropriate measures consistent with a move to normalisation

3. The Secretary of State will consult regularly on progress, and the response to any continuing paramilitary activity, with the Irish Government and the political parties, as appropriate.

4. The British Government will continue its consultation on firearms regulation on the basis of the document published on 2 April 1998, and will review progress with the Irish Government and the political parties as appropriate.

5. The Irish Government will initiate a wide-ranging review of the Offences Against the State Acts 1939-85 with a view to both reform and dispensing with those elements no longer required as circumstances permit.

1. The Participants recognise that policing is a central issue in any society. They equally recognise that Northern Ireland's history of deep divisions have made it highly emotive, with great hurt suffered and sacrifices made by many individuals. They believe that this Agreement offers a unique opportunity to bring about a new political dispensation which will recognise the full and equal legitimacy and worth of the identities, senses of allegiance and ethos of all sections of the community in Northern Ireland. They consider that this opportunity should inform and underpin the development of a police service representative in terms of the make-up of the community as a whole and which, in the absence of threats which require otherwise, should be routinely unarmed.

2. The Participants believe it essential that policing structures and arrangements are such that the police service is professional, effective and efficient, fair and impartial, free from partisan political control; accountable, both under the law for its actions and to the community it serves; representative of the society it polices, and operates within a coherent and co-operative criminal justice system. The Participants also believe that those structures and arrangements must be capable of maintaining law and order including responding effectively to crime and to any terrorist threat and to public order problems, as a police service which cannot do so will fail to win public confidence and acceptance. They believe that any such structures and arrangements should be capable of delivering a policing service, in constructive and inclusive partnerships with the community at all levels, and with authority and responsibility exercised at the lowest level possible, consistent with the foregoing principles. These arrangements should be based on principles of protection of human rights and professional integrity and should be unambiguously accepted and actively supported by the entire community.

3. An Independent Commission will be established to make recommendations for future policing arrangements in Northern Ireland within the agreed framework of principles reflected in the paragraphs above and in accordance with the terms of reference at Annex A. The Commission will be broadly representative with expert and international representation among its membership and will be asked to consult widely and to report no later than Summer 1999.

4. The Participants believe that the criminal justice system should be designed to:

5. There will be a parallel wide-ranging review of those aspects of criminal justice other than policing and those aspects of the system relating to the emergency legislation to be carried out by the British Government through a mechanism with an independent element, in consultation with the political parties and others. The review will commence as soon as possible, will include wide consultation, and a report will be made to the Secretary of State no later than Autumn 1999. Terms of Reference are attached at Annex B.

6. Implementation of the recommendations arising from both reviews will be discussed with the political parties and with the Irish Government.

7. The Participants also to note that the British Government remains ready in principle, with the broad support of the political parties, and after consultation, as appropriate, with the Irish Government in the context of ongoing implementation of the relevant recommendations, to devolve responsibility for policing and justice issues.

COMMISSION ON POLICING FOR NORTHERN IRELAND

Relevant Principles

Policing structures and arrangements should be such that:

Terms of Reference

Taking account of these principles the Commission will inquire into policing in Northern Ireland and, on the basis of its findings, bring forward proposals for future policing structures and arrangements.

Its proposals on policing should be designed to ensure that policing arrangements, including composition, recruitment, training, culture, ethos and symbols, are such that in a new approach Northern Ireland has a police service that can enjoy widespread support from and is seen as an integral part of the community as a whole.

Its proposals should include recommendations covering any issues (such as training and severance arrangements) required in the transition to policing in a peaceful society.

Its proposals should also be designed to ensure that:

The Commission should focus on policing issues, but if it identifies other aspects of the criminal justice system relevant to its work on policing, including the role of the police in prosecution, then it should draw the attention of the Government to those matters.

The Commission should consult widely, including with non-governmental expert organisations, and through such focus groups as they consider it appropriate to establish.

The Government proposes to establish the Commission as soon as possible, with the aim of it starting work as soon as possible and publishing its final report by Summer 1999.

REVIEW OF THE CRIMINAL JUSTICE SYSTEM

Overview and Relevant Principles

The criminal justice system in Northern Ireland exists to uphold the rule of law. It is concerned with crime in all its elements and the process which brings offenders to account, but constitutes only a part of society's response to crime. It involves a number of publicly funded bodies, as well as professions, defendants, witnesses and victims. The criminal justice system should be such as to:

Terms of Reference

Taking account of these points, the review will address the structure, management and resourcing of publicly funded elements of the criminal justice system and will bring forward proposals for future criminal justice arrangements (other than policing and those aspects of the system relating to emergency legislation, which the Government is considering separately) . covering such issues as:

The Government proposes to commence the review as soon as possible, consulting with the political parties and others, including non-governmental expert organisations. The review will be completed by Autumn 1999.

PRISONERS

1. Both Governments will put in place mechanisms to provide for an accelerated programme for the release of prisoners, including transferred prisoners, convicted of scheduled offences in Northern Ireland or, in the case of those sentenced outside Northern Ireland, similar offences (referred to hereafter as qualifying prisoners). Any such arrangements will protect the rights of individual prisoners under national and international law.

2. Prisoners affiliated to organisations which have not established or are not maintaining a complete and unequivocal ceasefire will not benefit from the arrangements. The situation in this regard will be kept under review.

3. Both Governments will complete a review process within a fixed time frame and set prospective release dates for all qualifying prisoners. The intention will be to provide for the advance of the release dates of qualifying prisoners while allowing account to be taken of the seriousness of the offences for which the person was convicted and the need to protect the community.

4. The Governments will introduce the appropriate legislation to give effect to these arrangements by the end of June 1998.

5. The Governments continue to recognise the importance of measures to facilitate the reintegration of prisoners into the community by providing support both prior to and after release, including assistance directed towards availing of employment opportunities, retraining and/or reskilling, and further education.

Validation and Implementation

1. The two Governments will as soon as possible sign a new British-Irish Agreement replacing the 1985 Anglo-Irish Agreement, embodying understandings on constitutional issues and affirming their solemn commitment to support and, where appropriate, implement the agreement reached by the participants in the negotiations which shall be annexed to the Agreement.

2. Each Government wilt organise a referendum on 22 May 1998. Subject to Parliamentary approval, a consultative referendum in Northern Ireland, organised under the terms of the Northern Ireland (Entry to Negotiations, etc.) Act 1 996, will address the question: "Do you support the agreement reached in the multi-party talks on Northern Ireland and set out in Command Paper 3883?". The Irish Government will introduce and support in the Oireachtas a Bill to amend the Constitution as described in paragraph 2 of the section "Constitutional Issues" and in Annex B, as follows: (a) to amend Articles 2 and 3 as described in paragraph 8.1 in Annex B above and (b) to amend Article 29 to permit the Government to ratify the new British-Irish Agreement. On passage by the Oireachtas, the Bill will be put to referendum.

3. If majorities of those voting in each of the referendums support this agreement, the Governments will then introduce and support, in their respective Parliaments, such legislation as may be necessary to give effect to all aspects of this agreement, and will take whatever ancillary steps as may be required including the holding of elections on 25 June, subject to Parliamentary approval, to the Assembly, which would meet initially in a "shadow" mode. When all arrangements are in place for the new institutions to assume their functions as set out in this agreement, the Governments will ratify the British-Irish Agreement. It is the intention of the Governments that this be achieved by no later than February 1999.

4. In the interim, aspects of the implementation of the agreement will be reviewed at meetings of those parties relevant in the particular case (taking into account, once Assembly elections have been held, of the results of those elections) in the particular case, under the Chairmanship of the British Government or the two Governments, as may be appropriate; and representatives of the two Governments and all relevant parties may meet under [Independent Chairmanship] to review implementation of the agreement as a whole.

Review procedures following implementation

5. Each institution may, at any time, review any problems that may arise in its operation and, where no other institution is affected, take remedial action in consultation as necessary with the relevant Government or Governments. It will be for each institution to determine its own procedures for review.

6. If there are difficulties in the operation of a particular institution, which have implications for another institution, they may review their operations separately and jointly and agree on remedial action to be taken under their respective authorities.

7. If difficulties arise which require remedial action across the range of Institutions, or otherwise required amendment of the British-Irish

Agreement or relevant legislation, the process of review will fail to the two Governments in consultation with the parties in the Northern Ireland Assembly. Each Government will be responsible for action in its own jurisdiction.

8. Notwithstanding the above, each institution will publish an annual report on its operations. In addition the two Governments and the parties in the Assembly will convene a conference 4 years after the agreement comes into effect, to review and report on its operation.