Beyond the Border. Richard Humphreys
be decoupled, and these were to be nominated separately by the nominating officers of the largest and second largest parties respectively.62 There would be an Institutional Review Committee of the assembly, to keep the operational aspects of the Strand One institutions under virtually permanent review, and there was an explicit commitment to repeal the Northern Ireland Act 2000.
Proposals by both governments for changes in Strands Two and Three were also set out, including a proposal that the Northern Ireland Executive and the Irish government would, under the auspices of the North/South Ministerial Council, appoint a review group to examine objectively the efficiency and value for money of the existing implementation bodies and ‘the case for additional bodies and areas of co-operation within the NSMC where mutual benefit would be derived’.63 Any changes to existing arrangements would require the endorsement of the assembly and the Oireachtas. The executive would encourage the parties in the assembly to establish a North/South Parliamentary Forum, bringing together equal numbers from the Oireachtas and the assembly. In addition, the executive would support the establishment of an independent North/South Consultative Forum appointed by the two administrations and representative of civil society.64
Under Strand Three, the two governments would facilitate the establishment of a Standing Secretariat for the British-Irish Council, and would encourage the Oireachtas, the British parliament and the relevant elected institutions in the British and Irish islands to approve an East/West Inter-Parliamentary framework which would embrace all their interests, following consultation with the British-Irish Inter-Parliamentary Body.65 The proposals went on, unusually, to set out the text of draft statements to be made by the DUP, Sinn Féin, the Independent International Commission on Decommissioning (deference being paid to the independent position of this body by the use of the phrase ‘elements for an IICD statement’66) and – most unusually – a draft statement to be issued by the IRA. Presumably because it is an offence to ‘publish’ any ‘document … issued by or emanating from an unlawful organisation or appearing to be so issued or so to emanate’,67 the two governments sought to fudge what was being done by using square brackets, publishing the proposed IRA statement under the heading ‘[IRA] Statement’.68
The proposals, as they themselves noted, emerged from a process of dialogue, primarily with the DUP and Sinn Féin. The SDLP was quick to express reservations not only about the manner in which these proposals were put together, but also about their content, which they described as an agreement which ‘weakens the principles and protections of the real Agreement – The Good Friday Agreement’.69 Chief among the SDLP objections was the scrapping of the joint election of the two First Ministers. The SDLP also singled out the change to the previous arrangement that no party could veto the other parties’ ministerial appointments, and the new requirement that any party that did not vote to approve an executive could not take seats in it.70 Taoiseach Ahern, speaking at the Seventh British-Irish Council in the Isle of Man in May 2005, said: ‘The review of the Good Friday Agreement was politically accepted by everyone, including the DUP on December 8th … we’ve had the review and the review is finished.’71
However, the precise accuracy of this statement seems to be in doubt in the sense that the proposals do not seem to have been agreed to by all parties.
A further historic step in the process was the announcement by the IRA of the formal end to its armed campaign at 4.00 pm on Thursday, 28 July 2005.72
2006 – Armagh Joint Statement
As events moved into 2006 without a restoration of the institutions, the two governments published so-called ‘Plan B’ proposals,73 which, in new language, referred to the governments’ ‘joint stewardship of the process’. (In 2017, nationalists were to point to the ‘joint stewardship’ language to incorrectly suggest that this involved joint authority. It does not.74) The two governments set out broadly what would happen if the parties failed to restore devolution – an end to funding and the radical notion of an active implementation of the Agreement including ‘a step-change in advancing North–South co-operation’.
10. If restoration of the Assembly and Executive has to be deferred, the Governments agree that this will have immediate implications for their joint stewardship of the process. We are beginning detailed work on British-Irish partnership arrangements that will be necessary in these circumstances to ensure that the Good Friday Agreement, which is the indispensable framework for relations on and between these islands, is actively developed across its structures and functions. This work will be shaped by the commitment of both Governments to a step-change in advancing North–South co-operation and action for the benefit of all.
11. The British Government will introduce emergency legislation to facilitate this way forward. It will set out clearly the limited timescale available to the Assembly to reach agreement. In parallel with the recalling of the Assembly, we will engage intensively with the parties to establish the trust necessary to allow the institutions not only to function but to flourish. There is a great deal of work to be done. The Governments will do all in their power to restore the institutions and return devolved Government to those elected by the people of Northern Ireland. But the final decisions are for the parties. We hope they will seize the opportunity to move forward.75
The assembly was recalled for 15 May 2006, with a proposed final six-month deadline to elect a functioning executive by November 2006.76 A ‘preparation for government’ committee of the assembly began work on the steps required to restore devolution.
In May 2006, Westminster legislated to provide for a non-legislative fixed-term assembly (consisting of the same members as the Northern Ireland assembly) to prepare for restoration of devolution. That legislation also provided for repeal of the power to suspend, which had been contained in the 2000 Act.77
2006 – Joint Statement and Work Plan
On 29 June 2006, the two governments published a Joint Statement by Taoiseach Bertie Ahern and Prime Minister Tony Blair,78 which referred to a deadline of 24 November 2006 for restoration of devolution, and separately published a Work Plan and indicative timetable for restoration of devolution.79 The endgame of that Work Plan is of considerable interest in the post-2017 situation. It is as follows:
Either
November
Parties and Governments make final preparations for restoration of the institutions.
• W/B [week beginning] 20 November: last opportunity to amend Standing Orders and introduce Emergency Bill (on changes to the institutions) at Westminster following all-party agreement to restore devolution.
• 24 November: last opportunity for selecting FM/DFM [First Minister/Deputy First Minister] and Executive and affirming pledge of office. By midnight Secretary of State notifies Presiding Officer of intention to make a Restoration Order [effective on Monday 27 November].
• W/B 27 November: Ministers arrive at Departments. Executive meets.
Or
November
• 24 November: Salaries and allowances for MLAs and financial assistance to parties stop.
December
• BIIGC [British-Irish Intergovernmental Conference] at Prime Ministerial-Summit level to launch new British Irish partnership arrangements.
The joint statement also provided that: ‘we also took the opportunity today to review progress on new partnership arrangements that would need to be put in place to ensure our effective joint stewardship of the Good Friday Agreement in the event that devolution does not take place by 24 November. This work continues.’80
In July 2006, Westminster legislation was enacted to provide for, among other things, devolution of policing and justice functions81 – a task that was to require a considerable amount of further legislation before it happened four years later. The legislation also extended the amnesty period for decommissioning from 2007 to 2010.82 July 2006 also saw a further international agreement between the two governments to extend the scope of the EU programmes’ implementation body to cover future programmes.83
2006 – St Andrews Agreement
All-party talks were convened