The St Andrews Agreement – an aid for dialogue and debate

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Transcript The St Andrews Agreement – an aid for dialogue and debate

The St Andrews Agreement – an aid
for dialogue and debate
Project supported by the European Union’s PEACE III Programme,
managed by the Special EU Programmes Body
Brian Gormally
Justice Associates
The St Andrews Agreement – the context
The St Andrews Agreement can only be understood in the context of the
Belfast (Good Friday) Agreement which:
•Established devolved democratic institutions in Northern Ireland – an Assembly and
power-sharing Executive (Strand 1)
•Established a North/South Ministerial Council (Strand 2)
•Established a British-Irish Council (East-West) (Strand 3)
•Established a Human Rights Commission and a new Equality Commission and put
equality duties on all public bodies
•Made arrangements for decommissioning, normalization of security, support for
victims and reconciliation and the release of prisoners
•Made provision for the reform of policing and criminal justice and their possible
devolution
History
•
November 1999 - first Executive formed – several suspensions – operated for
about 11 months until
•
October 2002 - Assembly suspended
•
November 2003 - Assembly elections leaving DUP and Sinn Fein as two largest
parties – Assembly remained suspended
•
September 2005 - IRA decommissioning
•
May 2006 - recall of members to “2006 Assembly” with deadline of 24 November
for agreement on devolution
•
October 2006 - British and Irish Governments and the political parties met in the
Scottish town of St Andrews and an Agreement named for it was published on 13
October 2006
St Andrews tried to address:
Lack of Confidence
Sinn Fein’s that the DUP would fully sign up to power-sharing and devolved
government, including North-South Bodies and the devolution of policing and
justice
DUP’s that Sinn Fein would fully support the police and the rule of law
Reassurance
DUP that they would not have to support Republican policies in government
and that Sinn Fein would support all policing bodies
Sinn Fein that Unionists would not be able to obstruct the North-South
elements of the Agreement and that policing and justice would actually be
devolved to the Assembly
Particular issues
Sinn Fein and the DUP also had a number of particular matters that they
wanted dealt with before they agreed to power sharing
The main points of St Andrews
1. Changes to the institutions
The First and Deputy First Ministers to be appointed by the two biggest parties without
need for an Assembly vote so that Unionists would not have to vote for a Nationalist and
vice versa
Increased Executive and Assembly control over the individual power of Ministers
Support for North-South institutions to be part of the Pledge of Office and other
mechanisms would be introduced to ensure that they could not be disrupted
2. Active support for policing and for devolution
A statement that support for law and order meant the active support of the PSNI and all
policing institutions
A timetable for devolution of policing and justice
3. Action on a range of issues demanded by the parties
These included human rights, equality, victims and other issues
4. A financial package to support devolution
This was just a general commitment to negotiate an adequate package
Some questions
•Have the Strand 1 changes brought in by the St Andrews Agreement led to
stability or paralysis?
•How have the North-South Ministerial Council and its Implementation
Bodies worked since the restoration of devolution?
•None of the new North-South or East-West bodies have been set up – how
valuable would they be and should they be established?
•All major parties now support and participate in policing and justice
institutions – has this improved peace and safety for the people of
Northern Ireland?
Some questions
•
There is currently still no agreement on the devolution of policing and justice –
should this happen and what difference would it make?
•
The Human Rights Commission has proposed a Bill of Rights to Government – what
should happen to it?
•
What should be the role of the new Commission for Victims and Survivors?
•
There is no Single Equality Act – should there be?
•
There is no Irish Language Act – should there be?
•
Is Ulster Scots language, heritage and culture appropriately supported?
•
There has been a review of parading but no new agreement – what should
happen?