The Good Friday Agreement (GFA), or Belfast Agreement ( ga, Comhaontú Aoine an Chéasta or ;
Ulster-Scots Ulster Scots, may refer to:
* Ulster Scots people
The Ulster Scots ( Ulster-Scots: ''Ulstèr-Scotch''; ga, Albanaigh Ultach), also called Ulster Scots people (''Ulstèr-Scotch fowk'') or (in North America) Scotch-Irish (''Scotch-Airisch'') ...
: or ), is a pair of agreements signed on 10 April 1998 that ended most of the violence of
The Troubles
The Troubles ( ga, Na Trioblóidí) were an ethno-nationalist conflict in Northern Ireland that lasted about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it is sometimes described as an "i ...
, a political conflict in
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. North ...
that had prevailed since the late 1960s. It was a major development in the
Northern Ireland peace process of the 1990s. It is made up of the Multi-Party Agreement between most of Northern Ireland's political parties, and the BritishIrish Agreement between the
British and
Irish governments. Northern Ireland's present
devolved system of government is based on the agreement.
Issues relating to
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
, governance,
discrimination, military and paramilitary groups, justice and policing were central to the agreement. It restored self-government to Northern Ireland on the basis of "
power sharing" and it included acceptance of the
principle of consent, commitment to
civil and political rights
Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...
,
cultural
Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups.Tylor ...
parity of esteem,
police reform,
paramilitary disarmament and early release of paramilitary prisoners, followed by
demilitarisation. The agreement also created a number of institutions between Northern Ireland and the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
("North–South"), and between the Republic of Ireland and the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
("East–West").
The agreement was approved by voters across the island of
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
in two
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of ...
s held on 22 May 1998. In Northern Ireland, voters were asked in the
1998 Northern Ireland Good Friday Agreement referendum whether they supported the multi-party agreement. In the Republic of Ireland, voters were asked whether they would allow the state to sign the agreement and allow necessary constitutional changes (
Nineteenth Amendment of the Constitution of Ireland) to facilitate it. The people of both jurisdictions needed to approve the agreement in order to give effect to it.
The BritishIrish Agreement came into force on 2 December 1999. The
Democratic Unionist Party
The Democratic Unionist Party (DUP) is a unionist, loyalist, and national conservative political party in Northern Ireland. It was founded in 1971 during the Troubles by Ian Paisley, who led the party for the next 37 years. Currently led by ...
(DUP) was the only major political group in Northern Ireland to oppose the Good Friday Agreement.
History and process
When the
Irish Free State was established in 1922 (under the
Anglo-Irish Treaty of December 1921), six of the island's northern counties remained part of the United Kingdom. For Northern Ireland the decades that followed were marked by tensions and controversies, sometimes spilling over into violence, between unionists who favoured remaining with Britain and nationalists who favoured unification with the Irish Free State (later the Republic of Ireland). Starting in the late 1960s this conflict became more intense and more violent. In the ensuing 30+ year period over 3,500 deaths were attributed to these hostilities which came to be known as The Troubles.
Serious political efforts to end the conflict began in the late 1980s and continued through the 1990s. Ceasefires were declared and later broken.
The agreement came after very many years of complex talks, proposals, and compromises. Many people made major contributions.
Tony Blair and
Bertie Ahern were leaders of the UK and the Republic of Ireland at the time. The talks were chaired by United States special envoy
George J. Mitchell.
Structure of agreement
The agreement is made up of two inter-related documents, both agreed in
Belfast
Belfast ( , ; from ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingd ...
on
Good Friday
Good Friday is a Christian holiday commemorating the crucifixion of Jesus and his death at Calvary. It is observed during Holy Week as part of the Paschal Triduum. It is also known as Holy Friday, Great Friday, Great and Holy Friday (also Ho ...
, 10 April 1998:
# a multi-party agreement by most of Northern Ireland's political parties (the Multi-Party Agreement);
# an international agreement between the
British and
Irish governments (the BritishIrish Agreement).
The agreement set out a complex series of provisions relating to a number of areas including:
* The status and system of government of Northern Ireland within the United Kingdom. (Strand 1)
* The relationship between Northern Ireland and the Republic of Ireland. (Strand 2)
* The relationship between the Republic of Ireland and the United Kingdom. (Strand 3)
Parties and structure of government
The agreement was made between the British and Irish governments and eight political parties or groupings from Northern Ireland. Three were representative of
unionism
Unionism may refer to:
Trades
*Community unionism, the ways trade unions work with community organizations
*Craft unionism, a model of trade unionism in which workers are organised based on a particular craft or trade
* Dual unionism, the develop ...
: the
Ulster Unionist Party
The Ulster Unionist Party (UUP) is a unionist political party in Northern Ireland. The party was founded in 1905, emerging from the Irish Unionist Alliance in Ulster. Under Edward Carson, it led unionist opposition to the Irish Home Rule ...
which had led unionism in
Ulster
Ulster (; ga, Ulaidh or ''Cúige Uladh'' ; sco, label=Ulster Scots, Ulstèr or ''Ulster'') is one of the four traditional Irish provinces. It is made up of nine counties: six of these constitute Northern Ireland (a part of the United Kin ...
since the beginning of the 20th century, and two smaller parties associated with Loyalist paramilitaries, the
Progressive Unionist Party (linked with the
Ulster Volunteer Force (UVF)), and
Ulster Democratic Party (the political wing of the
Ulster Defence Association (UDA)). Two were broadly labelled
nationalist
Nationalism is an idea and movement that holds that the nation should be congruent with the State (polity), state. As a movement, nationalism tends to promote the interests of a particular nation (as in a in-group and out-group, group of peo ...
: the
Social Democratic and Labour Party, and
Sinn Féin
Sinn Féin ( , ; en, " eOurselves") is an Irish republican and democratic socialist political party active throughout both the Republic of Ireland and Northern Ireland.
The original Sinn Féin organisation was founded in 1905 by Arthur G ...
, the
republican party associated with the
Provisional Irish Republican Army
The Irish Republican Army (IRA; ), also known as the Provisional Irish Republican Army, and informally as the Provos, was an Irish republican paramilitary organisation that sought to end British rule in Northern Ireland, facilitate Irish reuni ...
. Independent of these rival traditions, were two other Assembly parties, the cross-community
Alliance Party and the
Northern Ireland Women's Coalition. There was also the grouping
Labour Coalition. US senator George J. Mitchell was sent by US president
Bill Clinton
William Jefferson Clinton (Birth name, né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 ...
to chair the talks.
The agreement comprises two elements:
* a treaty between the two states, signed by the leaders of the two governments; and
* a more substantial agreement between the eight political parties and the two governments.
The former text has just four articles; it is that short text that is the legal agreement, but it incorporates in its schedules the latter agreement.
Technically, this scheduled agreement can be distinguished as the ''Multi-Party Agreement'', as opposed to the Belfast Agreement itself.
The vague wording of some of the provisions, described as "constructive ambiguity", helped ensure acceptance of the agreement and served to postpone debate on some of the more contentious issues. Most notably these included paramilitary decommissioning, police reform and the normalisation of Northern Ireland.
Status of Northern Ireland
The agreement acknowledged:
* that the majority of the people of Northern Ireland wished to remain a part of the United Kingdom;
* that a substantial section of the people of Northern Ireland, and the majority of the people of the island of Ireland, wished to bring about a
united Ireland.
Both of these views were acknowledged as being legitimate. For the first time, the Irish government accepted in a binding international agreement that Northern Ireland was part of the United Kingdom.
[Austen Morgan, The Hand of History? Legal Essays on the Belfast Agreement, The Belfast Press Limited, 2011 pg. 7] The
Irish Constitution was also amended to implicitly recognise Northern Ireland as part of the United Kingdom's sovereign territory,
conditional upon the consent for a united Ireland from majorities of the people in both jurisdictions on the island. On the other hand, the language of the agreement reflects a switch in the United Kingdom's statutory emphasis from one for the union to one for a united Ireland.
The agreement thus left the issue of future sovereignty over Northern Ireland open-ended.
The agreement reached was that Northern Ireland was part of the United Kingdom, and would remain so until a majority of the people both of Northern Ireland and of the Republic of Ireland wished otherwise. Should that happen, then the British and Irish governments are under "a binding obligation" to implement that choice.
Irrespective of Northern Ireland's constitutional status within the United Kingdom, or part of a united Ireland, the right of "the people of Northern Ireland" to "identify themselves and be accepted as Irish or British, or both" (as well as their right to hold
British or
Irish citizenship or both) was recognised. By the words "people of Northern Ireland" the Agreement meant "all persons born in Northern Ireland and having, at the time of their birth, at least one parent who is a British citizen, an Irish citizen or is otherwise entitled to reside in Northern Ireland without any restriction on their period of residence."
The two governments also agreed, irrespective of the position of Northern Ireland:
the power of the sovereign government with jurisdiction there shall be exercised with rigorous impartiality on behalf of all the people in the diversity of their identities and traditions and shall be founded on the principles of full respect for, and equality of, civil, political, economic, social and cultural rights, of freedom from discrimination for all citizens, and of parity of esteem and of just and equal treatment for the identity, ethos and aspirations of both communities.
As part of the agreement, the
British parliament repealed the
Government of Ireland Act 1920 (which had established Northern Ireland,
partitioned Ireland and asserted a territorial claim over all of Ireland) and the people of the Republic of Ireland amended
Articles 2 and 3 of the Constitution of Ireland, which asserted a territorial claim over Northern Ireland.
New institutions
The agreement sets out a framework for the creation and number of institutions across three "strands".
Strand 1
Strand 1 dealt with the democratic institutions of Northern Ireland and established two major institutions:
*
Northern Ireland Assembly
sco-ulster, Norlin Airlan Assemblie
, legislature = Seventh Assembly
, coa_pic = File:NI_Assembly.svg
, coa_res = 250px
, house_type = Unicameral
, house1 =
, leader1_type = ...
*
Northern Ireland Executive
The Northern Ireland Assembly is a devolved legislature for Northern Ireland with mandatory
cross-community voting on certain major decisions. The Northern Ireland Executive is a
power-sharing
Power sharing is a practice in conflict resolution where multiple groups distribute political, military, or economic power among themselves according to agreed rules. It can refer to any formal framework or informal pact that regulates the distri ...
executive with ministerial portfolios to be allocated between parties by the
D'Hondt method
The D'Hondt method, also called the Jefferson method or the greatest divisors method, is a method for allocating seats in parliaments among federal states, or in party-list proportional representation systems. It belongs to the class of highe ...
.
Strand 2
Strand 2 dealt with "north-south" issues and institutions to be created between Northern Ireland and the Republic of Ireland. These are:
*
North/South Ministerial Council
The North/South Ministerial Council (NSMC) ( ga, An Chomhairle Aireachta Thuaidh-Theas, Ulster Scots dialect, Ulster-Scots: ) is a body established under the Good Friday Agreement to co-ordinate activity and exercise certain governmental powers ac ...
*
North/South Inter-Parliamentary Association
*
North/South Consultative Forum
The North/South Ministerial Council is made up of ministers from the Northern Ireland Executive and the Government of Ireland. It was established "to develop consultation, co-operation and action" in twelve areas of mutual interest. These include six areas where the Northern Ireland Executive and the Government of Ireland form common policies but implement these separately in each jurisdiction, and six areas where they develop common policies that are implemented through shared all-Ireland institutions.
The various "institutional and constitutional arrangements" set out in the Agreement are also stated to be "interlocking and interdependent".
As part of the Agreement, the newly created Northern Ireland Assembly and the national parliament of Ireland (the
Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of:
*The President of Ireland
*The two houses of the Oireachtas ( ga, Tithe an Oireachtais):
**Dáil Éireann ...
) agreed to consider creating a joint parliamentary forum made up of equal numbers from both institutions. In October 2012, this forum was created as the North/South Inter-Parliamentary Association.
The Northern Ireland political parties who endorsed the agreement were also asked to consider the establishment of an independent consultative forum representative of
civil society with members with expertise in social, cultural, economic and other issues and appointed by the two administrations. An outline structure for the North/South Consultative Forum was agreed in 2002 and in 2006 the Northern Ireland Executive agreed it would support its establishment.
Strand 3
Strand 3 dealt with "east-west" issues and institutions to be created between Ireland and
Great Britain
Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It is ...
(as well as the Crown dependencies). These are:
*
British–Irish Intergovernmental Conference
*
British–Irish Council
* An expanded
British–Irish Interparliamentary Body
The British–Irish Intergovernmental Conference was agreed to replace the Anglo-Irish Intergovernmental Council and the Intergovernmental Conference created under the 1985
Anglo-Irish Agreement.
The conference takes the form of regular and frequent meetings between the British and Irish ministers to promote co-operation at all levels between both governments. On
matters not devolved to Northern Ireland, the Government of Ireland may put forward views and proposals. All decisions of the conference will be by agreement between both governments and the two governments agreed to make determined efforts to resolve disagreements between them.
The British–Irish Council is made up of ministerial representatives from the British and Irish governments, the UK's devolved administrations (Northern Ireland,
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to th ...
, and
Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
), as well as from the
Crown dependencies, the
Isle of Man,
Jersey
Jersey ( , ; nrf, Jèrri, label=Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependencies, Crown Dependency near the coast of north-west F ...
, and
Guernsey. The purpose of the council is to promote co-operations and pose a forum for the creation of common policies.
Under the agreement, it was proposed that the already-existing British–Irish Interparliamentary Body would be built upon. Prior to the agreement, the body was composed of parliamentarians from the British and Irish parliaments only. In 2001, as suggested by the agreement, it was expanded to incorporate parliamentarians from all of the members of the British–Irish Council.
These institutional arrangements created across these three strands are set out in the agreement as being "interlocking and interdependent". In particular, the functioning of the Northern Ireland Assembly and the North/South Ministerial Council are stated to be "so closely inter-related that the success of each depends on that of the other" and participation in the North/South Ministerial Council is "one of the essential responsibilities attaching to relevant posts in
orthern Ireland and the Republic of Ireland.
In the opinion of analyst
Brendan O'Leary, the institutions established by the deal "made Northern Ireland bi-national" and reinforced "imaginative elements of co-sovereignty".
Decommissioning and normalisation
Against the background of political violence during
the Troubles
The Troubles ( ga, Na Trioblóidí) were an ethno-nationalist conflict in Northern Ireland that lasted about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it is sometimes described as an "i ...
, the agreement committed the participants to "exclusively democratic and peaceful means of resolving differences on political issues". This took two aspects:
*
decommissioning of weapons
Disarmament is the act of reducing, limiting, or abolishing weapons. Disarmament generally refers to a country's military or specific type of weaponry. Disarmament is often taken to mean total elimination of weapons of mass destruction, such a ...
held by paramilitary groups;
* the normalisation of security arrangements in Northern Ireland.
The participants to the agreement comprised two sovereign states (the United Kingdom and the Republic of Ireland) with armed and police forces involved in the Troubles. Two political parties, Sinn Féin and the PUP, were linked to
paramilitary organisations: the IRA and the UVF respectively. The UDP, which was linked to the UDA, had withdrawn from the talks three months previously.
The multi-party agreement committed the parties to "use any influence they may have" to bring about the decommissioning of all paramilitary arms within two years of the referendums approving the agreement. The process of normalisation committed the British government to the reduction in the number and role of its
armed forces in Northern Ireland "to levels compatible with a normal peaceful society". This included the removal of security installations and the removal of special emergency powers in Northern Ireland. The Irish government committed to a "wide-ranging review" of its
Offences against the State legislation.
The agreement called for the establishment of an
independent commission to review policing arrangements in Northern Ireland "including
hemeans of encouraging widespread community support" for those arrangements. The British government also committed to a "wide-ranging review" of the criminal justice system in Northern Ireland.
A date of May 2000 was set for total disarming of all paramilitary groups. This was not achieved leading the assembly to be suspended on a number of occasions as a consequence of unionist objections. A series of rounds of decommissioning by the IRA took place (in October 2001, April 2002 and October 2003) and in July 2005 the IRA announced the formal end of its campaign. Loyalist decommissioning did not follow immediately. In June 2009, the UVF announced it had completed decommissioning and the UDA said it had started to decommission its arsenal.
Prisoner release
Both the British and Irish governments committed to the early release of the approximately 400 prisoners serving sentences in connection with the activities of paramilitary groups, provided that those groups continued to maintain "a complete and unequivocal ceasefire". Cases were reviewed individually by the
Sentence Review Commission. Prisoners from the
Continuity Irish Republican Army, the
Loyalist Volunteer Force, the
Irish National Liberation Army and the
Real Irish Republican Army were not eligible for release as those groups had not agreed to an unequivocal ceasefire.
There was no amnesty for crimes which had not been prosecuted.
The Northern Ireland (Sentences) Act 1998, received Royal Assent on 28 July 1998. 167 prisoners were released by October 1998. By December 1999 308 prisoners had been released. The final group of prisoners was released by 28 July 2000, giving a total of 428 prisoners released.
[
]
Equality and human rights
The agreement affirmed a commitment to "the mutual respect, the civil rights and the religious liberties of everyone in the community". The multi-party agreement recognised "the importance of respect, understanding and tolerance in relation to linguistic diversity", especially in relation to the Irish language
Irish (an Caighdeán Oifigiúil, Standard Irish: ), also known as Gaelic, is a Goidelic languages, Goidelic language of the Insular Celtic branch of the Celtic language family, which is a part of the Indo-European languages, Indo-European lang ...
, Ulster Scots Ulster Scots, may refer to:
* Ulster Scots people
* Ulster Scots dialect
Ulster Scots or Ulster-Scots (', ga, Albainis Uladh), also known as Ulster Scotch and Ullans, is the dialect of Scots language, Scots spoken in parts of Ulster in North ...
, and the languages of Northern Ireland's other ethnic minorities, "all of which are part of the cultural wealth of the island of Ireland".
The British government committed to incorporate the European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
into the law of Northern Ireland and to the establishment of a Northern Ireland Human Rights Commission. Establishing statutory obligations for public authorities in Northern Ireland to carry out their work "with due regard to the need to promote equality of opportunity was set as a particular priority". The Irish government committed to " akingsteps to further the protection of human rights in its jurisdiction" and to the establishment of an Irish Human Rights Commission.
Many of the rights-based provisions have yet to be fully implemented, including a Bill of Rights for Northern Ireland. The Northern Ireland Human Rights Commission delivered advice to the Secretary of State for Northern Ireland o
10 December 2008
However, progress to adopting a Bill of Rights has been consistently delayed.
The Agreement recognised divergent political aspirations and complex identities
Article 1 (vi)
commonly referred to as the birthright provisions, states that both governments, "Recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish, or British, or both, as they may so choose, and accordingly confirm that their right to hold both British and Irish citizenship is accepted by both Governments and would not be affected by any future change in the status of Northern Ireland."
Referendums
Under the agreement, the British and Irish governments committed to organising referendums on 22 May 1998, in Northern Ireland and in the Republic respectively. The Northern Ireland referendum was to approve the agreement reached in the multi-party talks. The Republic of Ireland referendum was to approve the British-Irish Agreement and to facilitate the amendment of the Constitution of Ireland in accordance with the Agreement.
The result of these referendums was a large majority in both parts of Ireland in favour of the agreement. In the Republic, 56% of the electorate voted, with 94% of the votes in favour of the amendment to the constitution. The turnout in Northern Ireland was 81%, with 71% of the votes in favour of the agreement. Of those who voted, almost all of the Catholics voted for the agreement, compared with 57% of the Protestants. The fragility of cross-community enthusiasm for parts of the agreement helps to explain subsequent difficulties in maintaining the powersharing executive.
In the Republic, the electorate voted upon the nineteenth amendment to the Constitution of Ireland. This amendment both permitted the state to comply with the Belfast Agreement and provided for the removal of the "territorial claim" contained in Articles 2 and 3. A referendum on the Amsterdam Treaty ( Eighteenth Amendment of the Constitution of Ireland) was held on the same day.
Implementation
Direct rule from Westminster
Westminster is an area of Central London, part of the wider City of Westminster.
The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Buck ...
came to an end in Northern Ireland when power was formally devolved to the new Northern Ireland Assembly
sco-ulster, Norlin Airlan Assemblie
, legislature = Seventh Assembly
, coa_pic = File:NI_Assembly.svg
, coa_res = 250px
, house_type = Unicameral
, house1 =
, leader1_type = ...
, the North/South Ministerial Council
The North/South Ministerial Council (NSMC) ( ga, An Chomhairle Aireachta Thuaidh-Theas, Ulster Scots dialect, Ulster-Scots: ) is a body established under the Good Friday Agreement to co-ordinate activity and exercise certain governmental powers ac ...
and the British–Irish Council, as the commencement orders for the British-Irish Agreement came into effect on 2 December 1999. Article 4(2) of the British-Irish Agreement (the Agreement between the British and Irish governments for the implementation of the Belfast Agreement) required the two governments to notify each other in writing of the completion of the requirements for the entry into force of the British-Irish Agreement; entry into force was to be upon the receipt of the later of the two notifications. The British government agreed to participate in a televised ceremony at Iveagh House in Dublin, the Irish department of foreign affairs. Peter Mandelson, the Secretary of State for Northern Ireland, attended early on 2 December 1999. He exchanged notifications with David Andrews, the Irish foreign minister. Shortly after the ceremony, at 10:30 am, the Taoiseach, Bertie Ahern, signed the declaration formally amending Articles 2 and 3 of the Irish Constitution. He then announced to the Dáil that the British-Irish Agreement had entered into force (including certain supplementary agreements concerning the Belfast Agreement).
Speaking at the 1998 commemoration of the Easter Rising of 1916, Ahern said:
The Assembly and Executive were eventually established in December 1999 on the understanding that decommissioning would begin immediately, but were suspended within two months due to lack of progress, before being re-established in May 2000 as Provisional IRA decommissioning eventually began. Aside from the decommissioning issue, however, ongoing paramilitary activity (albeit relatively low-level compared to the past) by the Provisional Irish Republican Army—e.g., arms importations, smuggling, organised crime, "punishment beatings", intelligence-gathering and rioting—was also a stumbling block. The loyalist paramilitaries also continued similar activity although as they were not represented by a significant political party, their position was less central to political change.
The overall result of these problems was to damage confidence among unionists in the agreement, which was expressed by the anti-agreement DUP. The DUP eventually overtook the pro-agreement UUP in the 2003 Assembly election. The UUP had already resigned from the power-sharing Executive in 2002 following the Stormontgate scandal, which saw three men charged with intelligence-gathering. These charges were eventually dropped in 2005 on the controversial grounds that pursuit would not be "in the public interest". Immediately afterwards, one of the accused Sinn Féin members, Denis Donaldson, was exposed as a British agent.
In 2004, negotiations were held between the two governments, the DUP, and Sinn Féin on an agreement to re-establish the institutions. These talks failed, but a document published by the governments detailing changes to the Belfast Agreement became known as the " Comprehensive Agreement". On 26 September 2005, it was announced that the Provisional Irish Republican Army had completely decommissioned its arsenal of weapons and "put them beyond use". Nonetheless, many unionists notably the DUP, remained sceptical. Of the loyalist paramilitaries, only the Loyalist Volunteer Force had decommissioned any weapons. Further negotiations took place in October 2006, leading to the St Andrews Agreement.
In May 2007, a power-sharing executive was again established to govern Northern Ireland in devolved matters. The second Northern Ireland Executive had Ian Paisley
Ian Richard Kyle Paisley, Baron Bannside, (6 April 1926 – 12 September 2014) was a Northern Irish loyalist politician and Protestant religious leader who served as leader of the Democratic Unionist Party (DUP) from 1971 to 2008 and Firs ...
of the DUP as First Minister and Martin McGuinness of Sinn Féin as deputy First Minister in a diarchy
Diarchy (from Greek , ''di-'', "double", and , ''-arkhía'', "ruled"),Occasionally misspelled ''dyarchy'', as in the ''Encyclopaedia Britannica'' article on the colonial British institution duarchy, or duumvirate (from Latin ', "the office o ...
.
Paisley retired from the office of First Minister and from the leadership of the DUP on 5 June 2008 and was succeeded in both functions by Peter Robinson Peter Robinson may refer to:
Entertainment
* Peter Robinson (sideshow artist) (1873–1947), American actor and sideshow performer, known for his appearance in film ''Freaks'' (1932)
* J. Peter Robinson (born 1945), British musician and film score ...
. In the third Northern Ireland Executive, the same political relationship existed between Robinson and McGuinness as existed formerly between Paisley and McGuinness. After Robinson resigned as First Minister on 11 January 2016, he was replaced by Arlene Foster. Upon McGuinness's resignation on 9 January 2017, the devolved government in Stormont collapsed, as the Agreement demands when no new leader is appointed. An election was called by Secretary of State for Northern Ireland James Brokenshire, whereby the DUP and Sinn Féin were returned as the largest parties, and so began a countdown of talks between both leaders before devolved government could be restored. In January 2020, the Executive was re-established.
Comparison to the Sunningdale Agreement
Seamus Mallon referred to the Agreement as "Sunningdale for slow learners", which suggests that it was nothing more than what was on offer in the Sunningdale Agreement of 1973. This assertion has been criticised by political scientists like Richard Wilford and Stefan Wolff. The former stated that "there are ... significant differences between them unningdale and Belfast both in terms of content and the circumstances surrounding their negotiation, implementation, and operation".[Wilford, Rick (2001)]
''Context and Content: Sunningdale and Belfast Compared''
. Oxford University Press, p.1
The main issues omitted by Sunningdale and addressed by the Belfast Agreement are the principle of self-determination
The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a '' jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It st ...
, the recognition of both national identities, British-Irish intergovernmental cooperation and the legal procedures to make power-sharing mandatory, such as the cross-community vote and the D'Hondt system to appoint ministers to the executive. Former IRA member and journalist Tommy McKearney says that the main difference is the intention of the British government to broker a comprehensive deal by including the IRA and the most uncompromising unionists. Regarding the right to self-determination, two qualifications are noted by the legal writer Austen Morgan. Firstly, the cession of territory from one state to another state has to be by international agreement between the UK and Irish governments. Secondly, the people of Northern Ireland can no longer bring about a united Ireland on their own; they need not only the Irish government but the people of their neighbouring state, Ireland, to also endorse unity. Morgan also pointed out that, unlike the Ireland Act 1949 and the Northern Ireland Constitution Act 1973, devised under Sunningdale, the 1998 agreement and the consequent British legislation did expressly foresee the possibility of a united Ireland.
As well as the number of signatories,[Wolff identifies the United Kingdom, the Republic of Ireland, the Ulster Unionist Party, the SDLP, and the Alliance Party as signatories to the Sunningdale Agreement. He identifies the United Kingdom, the Republic of Ireland, the Ulster Unionist Party, the Ulster Democratic Party, the Progressive Unionist Party, the Northern Ireland Women's Coalition, the Labour Party, the Alliance Party, Sinn Féin, and the SDLP as signatories to the Belfast Agreement.] Stefan Wolff identifies the following similarities and differences between the issues addressed in the two agreements:
Wolff identifies this issue as being implicitly addressed in the Sunningdale Agreement.
Constitutional relevance
Because the Good Friday Agreement binds the British government on several points of law in Northern Ireland, it has de facto become a part of Constitution of the United Kingdom
The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no attempt ...
. Legal commentator David Allen Green described it as "a core constitutional text of the UK, and of Ireland ... of more everyday importance than hallowed instruments such as, say, Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, Berkshire, Windsor, on 15 June 1215. ...
of 1215 or the 1689 Bill of Rights
The Bill of Rights 1689 is an Act of Parliament (UK), Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in UK constitutional law, ...
".
Because the Agreement commits the government to enshrine the European Convention on Human Rights in law and allows Northern Ireland residents access to the European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
, it required enactment of the Human Rights Act 1998. Consequently, the Agreement was a significant factor preventing the repeal of that Act and its replacement with the proposed British Bill of Rights that Prime Minister David Cameron
David William Donald Cameron (born 9 October 1966) is a British former politician who served as Prime Minister of the United Kingdom from 2010 to 2016 and Leader of the Conservative Party from 2005 to 2016. He previously served as Leader o ...
had promised.
The Agreement also makes reference to the UK and the Republic of Ireland as "partners in the European Union", and it was argued in '' R (Miller) v Secretary of State for Exiting the European Union'' that the Agreement meant that the consent of Northern Ireland's voters was required to leave the European Union (Brexit
Brexit (; a portmanteau of "British exit") was the withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 GMT on 31 January 2020 (00:00 1 February 2020 CET).The UK also left the European Atomic Energy Community (EAE ...
). The UK Supreme Court unanimously held that this was not the case, but the Agreement has nevertheless strongly shaped the form of Brexit.
Brexit
During the negotiations on Britain's planned 2019 withdrawal from the European Union, the EU produced a position paper on its concerns regarding the Good Friday Agreement. The paper identified a range of issues including the avoidance of a hard border, North–South cooperation, citizenship, and the Common Travel Area. Anyone born in Northern Ireland, who is also entitled to Irish citizenship, will also be able to retain EU citizenship after Brexit. Under the European Union negotiating directives for Brexit
The European Union (EU) negotiating directives are negotiating directives approved on 22 May 2017 and give authority to the Council of the European Union to negotiate with the United Kingdom (UK) regarding the exit of the UK from the EU (Brexit). S ...
, the UK was asked to satisfy the other EU members that these topics had been addressed in order to progress to the second stage of Brexit negotiations.
In order to protect North–South co-operation and avoid controls on the Irish border, the UK, led by Prime Minister Theresa May, agreed to protect the Agreement in all its parts and "in the absence of agreed solutions, the United Kingdom would maintain full alignment with those rules of the Internal Market and the Customs Union which, now or in the future, support North-South cooperation, the all-island economy and the protection of the 1998 Agreement", with the acknowledgement that this is "under the caveat that nothing is agreed until everything is agreed". This provision formed part of a UK-EU deal which was rejected by the British parliament on three occasions. May's successor, Boris Johnson, called for the " Irish backstop" to be removed from the proposed withdrawal agreement. The new Northern Ireland Protocol replaced the Irish backstop as part of the deal which Johnson brokered on 17 October 2019.
In September 2020, while negotiations with the EU over future trading arrangements continued, the Internal Market Bill
The United Kingdom Internal Market Act 2020 is an act of the Parliament of the United Kingdom passed in December 2020. It is concerned with trade within the UK, as the UK is no longer subject to EU law. The act seeks to prevent internal trade b ...
was introduced in which the Northern Ireland secretary Brandon Lewis told the House of Commons that the British government planned to break international law in a "specific and limited way", by introducing new powers through notwithstanding clauses that would circumvent certain treaty obligations to the EU as set out in the withdrawal agreement. The Bill was criticised in the UK and internationally, with the First Ministers of Scotland and Wales both describing the Conservative government's proposals as an attempt to seize power and undo devolution. Most parties in Northern Ireland expressed concern at the Bill, though some within the Democratic Unionist Party
The Democratic Unionist Party (DUP) is a unionist, loyalist, and national conservative political party in Northern Ireland. It was founded in 1971 during the Troubles by Ian Paisley, who led the party for the next 37 years. Currently led by ...
welcomed it. Taoiseach Micheál Martin
Micheál Martin (; born 1 August 1960) is an Irish Fianna Fáil politician who is serving as Tánaiste, Minister for Foreign Affairs and Minister for Defence since December 2022. He served as Taoiseach from 2020 to 2022 and has been Leader of ...
said that "trust has been eroded". The bill was enacted in December 2020 without the controversial Northern Ireland provisions.
Some Brexit supporters have criticised the British government for erecting a trade border "down the Irish Sea"—in other words, between the island of Ireland and Britain. They state that in order to prevent a 'hard border' on the island of Ireland, customs and other controls have instead been imposed on goods travelling from Britain to Northern Ireland; and that Northern Ireland remains for many purposes in the EU Single Market and Customs Union, subject to a regulatory regime into which it has no input.
In March 2021, loyalist groups said they were temporarily withdrawing their support for the agreement. The Loyalist Communities Council said that unionist opposition to the protocol should remain "peaceful and democratic".
See also
* David Trimble
* Downing Street Declaration
*John Hume
John Hume (18 January 19373 August 2020) was an Irish nationalist politician from Northern Ireland, widely regarded as one of the most important figures in the recent political history of Ireland, as one of the architects of the Northern Irela ...
* Martin McGuinness
* Unionism in Ireland
Notes
References
Further reading
* Gormley-Heenan, Cathy. ''Political leadership and the Northern Ireland peace process: Role, capacity and effect'' (Springer, 2006).
* Mitchell, George J. "Toward Peace in Northern Ireland." ''Fordham International Law Journal'' 22 (1998): 1136+.
External links
Full text of the Good Friday Agreement
UN Peacemaker
All peace agreements for the United Kingdom
UN Peacemaker
North-South Ministerial Council
British-Irish Council
Irish Government - British-Irish Intergovernmental Conference
Inside Out: An Integrative Critique of the Northern Ireland Peace Process
U.S. Institute of Peace
The United States Institute of Peace (USIP) is an American federal institution tasked with promoting conflict resolution and prevention worldwide. It provides research, analysis, and training to individuals in diplomacy, mediation, and other peac ...
, July 2006
Address given at the Exchange of Notifications ceremony, whereby the Republic of Ireland dropped its territorial claim to Northern Ireland, Iveagh House, Dublin, 2 December 1999
*
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