Beyond the Border. Richard Humphreys
in 2006, resulting in an agreement on 13 October 2006. Under the St Andrews Agreement, there were to be a number of changes to the Good Friday Agreement institutions.84 Progress towards devolution of criminal justice and policing was provided for. A series of measures to advance human rights, equality and issues relating to victims were set out.85 There would be a Victims’ Commissioner for Northern Ireland and a forum on a possible Bill of Rights. An Irish Language Act was to be introduced, as well as support for development of Ulster Scots. A financial package for the newly restored executive was also envisaged, as well as a timetable for the restoration of devolution. The St Andrews Agreement provided that ‘in the event of failure to reach agreement by the 24 November we will proceed on the basis of the new British-Irish partnership arrangements to implement the Belfast Agreement’.86
The changes to the Good Friday Agreement included a statutory ministerial code, referral of matters to the executive, amendments to the pledge of office, and repeal of the legislation that had provided for the power to suspend the institutions. Changes were also made in relation to Strands Two and Three, including progressing the North/South parliamentary and civic forums and East/West parliamentary co-operation.
The St Andrews Agreement involved a timetable to devolution combined with confirming republican adherence to the policing institutions and some adjustments to the detail of the Northern Ireland Act 1998. UK legislation was enacted in November 2006 to give effect to the Agreement.87 This created a transitional assembly to prepare for restoration of devolution,88 and included provision for a Northern Irish minister for justice and policing. Importantly for future purposes, it added a new provision regarding the promotion of minority languages:
(1) The Executive Committee shall adopt a strategy setting out how it proposes to enhance and protect the development of the Irish language.
(2) The Executive Committee shall adopt a strategy setting out how it proposes to enhance and develop the Ulster Scots language,89 heritage and culture.
(3) The Executive Committee – (a) must keep under review each of the strategies; and (b) may from time to time adopt a new strategy or revise a strategy.90
Former Foreign Affairs Minister Dermot Ahern has commented:
There was always an understanding that the British government agreed to an inclusion and commitment to an Irish Language Act … But the quid pro quo would be that there would be reciprocal attention given to the whole issue of Scots-Irish.91
The Third Assembly: 2007–2011
The Second Assembly ended never having operated a functioning executive. The Third Assembly was elected on 7 March 2007. It consisted of 55 unionists, 44 nationalists and 9 others.92
On 22 March 2007, the two governments agreed93 on an amendment to the 1998 British-Irish Agreement in order to give effect to the St Andrews Agreement, as follows:
Article 1
The two Governments re-affirm their solemn commitment as contained in the British-Irish Agreement to protect, support and where appropriate implement the provisions of the Multi-Party Agreement.
Article 2
The two Governments affirm their solemn commitment to support, and where appropriate implement, the alterations to the operation of the institutions established under the British-Irish Agreement agreed at St Andrews and as set out in the Annex to this Agreement.
On 27 March 2007, UK legislation was enacted to extend the date for restoration of devolution to May 2007.94 In accordance with this timetable, devolution was restored on 8 May 2007. On 24 May 2007, Westminster legislation was enacted providing for a Northern Ireland minister responsible for policing and justice.95 In March 2009, more detailed UK legislation was enacted to provide for a department with policing and justice functions.96
2010 – Hillsborough Castle Agreement
The Hillsborough Castle Agreement of 5 February 2010 set out measures on a number of problematic issues. Further legislation was envisaged on parades. A working group was proposed to improve executive functioning and delivery. Outstanding executive business was to be progressed, and a further working group was to progress matters outstanding from St Andrews. The agreement would pave the way for devolution of policing and justice functions. Financial commitments for Northern Ireland were also contemplated. Justice and police powers were eventually devolved on 12 April 2010.
On 1 May 2010, the two governments entered into an agreement on criminal justice97 which involved a structure for North/South Ministerial Meetings on Criminal Justice Co-Operation98 as well as a Working Group on Criminal Justice Co-operation at official level.99 This effectively replaced a previous similar agreement of 2005.100
The Fourth Assembly: 2011–2016
The Fourth Assembly was elected on 5 May 2011. It returned 56 unionist members (51.8 per cent), 43 nationalists (39.8 per cent) and 9 others. This represented a net gain of one seat for unionism from nationalism.
A minor adjustment to the cross-border bodies agreement was made in September 2011 in an exchange of notes between Minister Eamon Gilmore and Ambassador Julian King, to take into account new Irish departmental structures.101
Talks led by US diplomat Richard Haass and Prof. Meghan O’Sullivan, which included the issues of flags and emblems, parades and dealing with the Troubles-related legacy, ended with a draft text but without agreement in December 2013,102 although it was felt that the draft proposals formulated would be of use in later talks,103 and indeed this proved to be the case.
In March 2014, Westminster legislation was enacted providing for disqualification of MPs and TDs from the assembly and allowing the assembly to enact legislation altering its own size.104 The Act also extended the life of any given assembly from four to five years.105 In addition, it provided for procedures for the appointment of the Justice Minister.
2014 – Stormont House Agreement
Following on from the Haass proposals, the Stormont House Agreement of 23 December 2014 provided for a Commission on Flags, Identity, Culture and Tradition, which was ultimately established in June 2016.106 The Commission has been dealing with issues such as the possible regulation of bonfires and the flying of the Union flag on public buildings. In that regard, Sinn Féin has said:
Our policy, on flags on public buildings is that of equality or neutrality ie for to fly both national flags or no flag to be flown at all in line with the concept of parity of esteem and recognition, as outlined in the Good Friday Agreement of both main identities, Irish, British or both.107
The Stormont House Agreement went on to provide for regulation of parades,108 and set out specific measures to deal with legacy issues. These included an Oral History Archive, and measures on victims, including a pension for victims. There was to be a Historical Investigations Unit to take forward investigations into outstanding Troubles-related deaths.109 An Independent Commission on Information Retrieval (ICIR) was to be established. An international agreement to do so was signed on 15 October 2015.110 The agreement establishing the ICIR would come into force following ratification,111 which would involve the enactment of relevant legislation.112 That legislation has yet to materialise. An Implementation and Reconciliation Group would oversee these developments. These victims’ measures have yet to be implemented,113 a matter of serious concern to the Victims and Survivors Commissioner.114
Significant changes were made to the Strand One institutions, including a reduction in the size of the assembly and executive, and in the number of government Departments. Constitutional changes under the Stormont House agreement included a provision entitling parties to opt out of government and to take part in a formal opposition. The agreement provided for quarterly reviews and six-monthly progress reports on implementation.
A compact civic advisory panel was envisaged to replace the Civic Forum.115 However, it could be contended that the civic dimension of the Agreement is a key element in bringing disparate communities together, and it is not immediately easy to see how a far smaller panel can do this more effectively than the wider Forum envisaged by the Agreement.
There was language about ‘the need for respect for and recognition of