Recommendations & Conclusions
17 items
5
Recommendation
First Report - The effectiveness of the…
Rejected
As such, we call upon the Government, in partnership with the Government of Ireland and in close consultation with the Northern Ireland parties, to commission a formal, independently led review (hereafter “the Review”) into the operation of the institutions of the Belfast/Good Friday Agreement. The Review should: • examine the …
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As such, we call upon the Government, in partnership with the Government of Ireland and in close consultation with the Northern Ireland parties, to commission a formal, independently led review (hereafter “the Review”) into the operation of the institutions of the Belfast/Good Friday Agreement. The Review should: • examine the institutions’ ability to provide effective and stable government in Northern Ireland, with broad cross-community inclusion; • explore the extent to which the North/South and East/West bodies have supported effective governance in Northern Ireland and facilitated effective cooperation across these islands; • include mechanisms for substantive consultative engagement with Northern Ireland society; and • make recommendations on how the institutions could be reformed with a defined roadmap for the achievement of those reforms. (Paragraph 23) Strand One - democratic institutions in Northern Ireland
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Government response AI summary
The government rejects commissioning a formal, independently led review of the Belfast/Good Friday Agreement institutions at this time, stating its focus is on the recent restoration of the Northern Ireland Executive and that any discussion of reforms should be led by the people of Northern …
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Northern Ireland Executive
Northern Ireland Office
10
Conclusion
First Report - The effectiveness of the…
Rejected
The Strand One institutions have failed to address a number of critical policy issues in Northern Ireland. There is broad consensus that a deficit of governance has— and continues to have—a detrimental impact on policy development and outcomes. Such a deficit can be rectified only by elected representatives in Northern …
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The Strand One institutions have failed to address a number of critical policy issues in Northern Ireland. There is broad consensus that a deficit of governance has— and continues to have—a detrimental impact on policy development and outcomes. Such a deficit can be rectified only by elected representatives in Northern Ireland, and not by their counterparts in Westminster or civil servants.
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Government response AI summary
The government explicitly rejects a review of the Agreement or amendment of the 1998 Act 'for now,' stating that its focus is on restoring devolved institutions and that any significant reform requires widespread consent, led by the people of Northern Ireland.
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Northern Ireland Executive
Northern Ireland Office
12
Conclusion
First Report - The effectiveness of the…
Rejected
We understand the cautionary arguments against short-term reform to the process for the election of the Speaker. In previous instances of institutional boycott, the possibility of reforming the thresholds for electing key institutional roles such as Speaker of the Assembly was not seriously considered. This, coupled to the passing of …
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We understand the cautionary arguments against short-term reform to the process for the election of the Speaker. In previous instances of institutional boycott, the possibility of reforming the thresholds for electing key institutional roles such as Speaker of the Assembly was not seriously considered. This, coupled to the passing of time, is insufficient reason to preclude limited, purposeful intervention to make the institutions more operable in times of crisis for Northern Ireland, when stable and effective government is perhaps needed more than ever. The ability of the Assembly to elect a Speaker is fundamental to this and we see it as a priority that the Assembly has a Speaker in place as soon as possible. (Paragraph 77) 76 The effectiveness of the institutions of the Belfast/Good Friday Agreement
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Government response AI summary
The government rejected the implicit call for intervention to reform the Speaker election process, stating that a review of the Agreement or amendment of the Northern Ireland Act 1998 is not being considered at this time due to the recent restoration of the Executive. It …
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Northern Ireland Executive
Northern Ireland Office
13
Recommendation
First Report - The effectiveness of the…
Rejected
We recommend that the Government, in close consultation with the Government of Ireland and the Northern Ireland parties, legislates to amend the Northern Ireland Act 1998 such that the Speaker of the Northern Ireland Assembly is elected by MLAs on a supermajority basis of two-thirds. This change should take effect …
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We recommend that the Government, in close consultation with the Government of Ireland and the Northern Ireland parties, legislates to amend the Northern Ireland Act 1998 such that the Speaker of the Northern Ireland Assembly is elected by MLAs on a supermajority basis of two-thirds. This change should take effect as soon as practicable.
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Government response AI summary
The government rejected the recommendation to legislate for a supermajority election of the Speaker, stating that a review or amendment of the Northern Ireland Act 1998 is not being considered at this time due to the recent restoration of the Executive. It views the proposal …
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Northern Ireland Executive
Northern Ireland Office
14
Conclusion
First Report - The effectiveness of the…
Rejected
Despite what political realities may have dictated in 1998, there is no justifiable reason why the titles of First Minister and Deputy First Minister should not be formally known as ‘Joint First Ministers.’ There is little dispute over the equal powers of the offices and there is consensus that the …
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Despite what political realities may have dictated in 1998, there is no justifiable reason why the titles of First Minister and Deputy First Minister should not be formally known as ‘Joint First Ministers.’ There is little dispute over the equal powers of the offices and there is consensus that the separate titles can infer a senior and a junior, with potentially distortionary electoral consequences. There is also agreement that the when the Executive Office functions well, the First Minister and Deputy First Minister are seen to be acting jointly in the best interests of Northern Ireland. The misleading titles ascribed to these roles run the risk of positive power- sharing outcomes being diluted. Furthermore, an accurate representation of the jointness of the offices would, 25 years on, reinforce the Agreement’s principle of parity of esteem between the two main communities and send a signal that the Executive Office acts in the interests of them both. This could begin to restore faith in the institutions at a time of crisis.
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Government response AI summary
The government rejected the underlying premise for changing the titles of First and Deputy First Minister, stating that a review of the Agreement or amendment of the Northern Ireland Act 1998 is not being considered at this time. It emphasized that any significant reform requires …
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Northern Ireland Executive
Northern Ireland Office
15
Recommendation
First Report - The effectiveness of the…
Rejected
We recommend that the titles of First Minister and Deputy First Minister be renamed ‘Joint First Minister’. Accordingly, the Government, in close consultation with the Government of Ireland and the Northern Ireland parties, should legislate to amend the Northern Ireland Act 1998 to that effect, with the change coming into …
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We recommend that the titles of First Minister and Deputy First Minister be renamed ‘Joint First Minister’. Accordingly, the Government, in close consultation with the Government of Ireland and the Northern Ireland parties, should legislate to amend the Northern Ireland Act 1998 to that effect, with the change coming into force at the beginning of the next Assembly mandate.
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Government response AI summary
The government rejected the recommendation to rename First and Deputy First Ministers as 'Joint First Minister' and legislate for this, stating that a review or amendment of the Northern Ireland Act 1998 is not being considered at this time. It also noted that such a …
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Northern Ireland Executive
Northern Ireland Office
16
Conclusion
First Report - The effectiveness of the…
Rejected
The change in nomination procedure for the offices of First and Deputy First Ministers resulting from the St Andrews Agreement in 2006 undermined the core principles of the Agreement. The offices are held jointly and their powers are equal. The nomination procedure instituted in 1998 was designed to reflect this …
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The change in nomination procedure for the offices of First and Deputy First Ministers resulting from the St Andrews Agreement in 2006 undermined the core principles of the Agreement. The offices are held jointly and their powers are equal. The nomination procedure instituted in 1998 was designed to reflect this and the Assembly’s position as the prime source of authority in Northern Ireland. It is also clear that the present system of nomination enables either of the two largest Assembly parties to prevent the formation of an Executive by refusing to nominate for the position to which they are entitled, with no means of overcoming the instability this creates. We also recognise that to revert to the pre-2007 arrangement of a cross-community vote to elect the First and Deputy First Ministers would also likely result in an effective veto for either of the two largest parties. However, there is precedent within the Agreement for key votes in the Assembly to be taken on a supermajority basis, rather than through either parallel consent or weighted majority, to demonstrate a form of cross-community support for nominees.
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Government response AI summary
The government rejected the implied need to address the undermining of core principles or the instability created by the current nomination procedure, stating that a review of the Agreement or amendment of the Northern Ireland Act 1998 is not being considered at this time. It …
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Northern Ireland Executive
Northern Ireland Office
17
Recommendation
First Report - The effectiveness of the…
Rejected
Therefore, we recommend that the Government, in close consultation with the Government of Ireland and the Northern Ireland parties, legislates to amend the Northern Ireland Act 1998 such that the two holders of the office of Joint First Minister are elected by the Assembly on a supermajority basis of two-thirds, …
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Therefore, we recommend that the Government, in close consultation with the Government of Ireland and the Northern Ireland parties, legislates to amend the Northern Ireland Act 1998 such that the two holders of the office of Joint First Minister are elected by the Assembly on a supermajority basis of two-thirds, with nominations open to any two MLAs of any two parties who run on a joint slate. This change would take effect from the beginning of the next Assembly mandate.
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Government response AI summary
The government rejected the recommendation to legislate for the election of Joint First Ministers by a supermajority, stating that a review or amendment of the Northern Ireland Act 1998 is not being considered at this time. It views such a proposal as a significant departure …
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Northern Ireland Executive
Northern Ireland Office
18
Recommendation
First Report - The effectiveness of the…
Rejected
We note with interest various proposals for reforming the broader system of Executive formation. We believe that there is scope for a system which will allow The effectiveness of the institutions of the Belfast/Good Friday Agreement 77 for greater cohesiveness within a coalition but are acutely aware of the potential …
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We note with interest various proposals for reforming the broader system of Executive formation. We believe that there is scope for a system which will allow The effectiveness of the institutions of the Belfast/Good Friday Agreement 77 for greater cohesiveness within a coalition but are acutely aware of the potential drawbacks of departing from ‘mandatory’ coalition as we currently see under d’Hondt. While mandatory coalitions can be unwieldy and impede the development and implementation of an Executive’s agenda, we consider it more important to Northern Ireland’s political stability in the short term to at least have an Executive in place in the first instance—hence our previous recommendation to broaden the criteria through which First Ministers can be appointed, without whom no further ministerial portfolios can be allocated. As such, we recommend that the Government incorporates into the Review a full evaluation of how the present system of Executive formation might be reformed to increase coalition cohesiveness while maintaining cross-community representation.
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Government response AI summary
The government rejected the recommendation to incorporate an evaluation of Executive formation reform into a review, stating that a review of the Agreement or amendment of the Northern Ireland Act 1998 is not being considered at this time. It emphasized that any reforms require widespread …
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Northern Ireland Executive
Northern Ireland Office
19
Recommendation
First Report - The effectiveness of the…
Rejected
We note with interest the lively discussion both within and without this inquiry regarding the future of community designation and its application to voting procedures in the Northern Ireland Assembly and Executive. As already acknowledged, Northern Ireland has changed since 1998 and the understanding employed by the Agreement of what …
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We note with interest the lively discussion both within and without this inquiry regarding the future of community designation and its application to voting procedures in the Northern Ireland Assembly and Executive. As already acknowledged, Northern Ireland has changed since 1998 and the understanding employed by the Agreement of what should constitute cross-community government is in need of an update. There is merit in removing designations and, with safeguards, introducing, for example, qualified majority voting to ensure support throughout the Assembly. However, Northern Ireland remains a society with sectarian divisions and we believe that it would not be appropriate for us to pass judgment on the future of the overall role that community designation plays in the institutions. While we believe reforms can—and should—soon be made which could improve the stability of the institutions in the short to medium term, we recommend that the Government incorporates into the Review a full evaluation of the effect of community designation in facilitating effective, stable and—in the broadest sense—cross-community governance in Northern Ireland.
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Government response AI summary
The government rejects incorporating a full evaluation of community designation into a review of the Agreement, stating that such a review is not being considered at this time and that cross-community protections are vital.
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Northern Ireland Executive
Northern Ireland Office
20
Recommendation
First Report - The effectiveness of the…
Rejected
We are aware of work already underway to strengthen the behaviours and working practices within the Strand One institutions. We concur with the argument that institutions can only be made effective by those who inhabit them and in this regard we endorse efforts to improve behaviours and best practice among …
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We are aware of work already underway to strengthen the behaviours and working practices within the Strand One institutions. We concur with the argument that institutions can only be made effective by those who inhabit them and in this regard we endorse efforts to improve behaviours and best practice among MLAs in both the Assembly and Executive, as well as practical suggestions to improve the smooth and effective functioning of government in Northern Ireland. We recognise that improvements can only come with sustained attention over time, and so we recommend that the Government incorporates into the Review a module on how the behaviours and working practices of the Strand One institutions could be improved, with a view to developing a programme dedicated to upholding the Agreement’s core principles of good faith, trust and mutual respect and delivering good government in the best interests of all in Northern Ireland.
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Government response AI summary
The government rejects incorporating a module on improving the behaviours and working practices of Strand One institutions into a review, as a review of the Agreement is not being considered at this time.
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Northern Ireland Executive
Northern Ireland Office
21
Recommendation
First Report - The effectiveness of the…
Rejected
The Northern Ireland parties have a fundamental role in shaping the future of the institutions to which they are elected by the people of Northern Ireland. As co- guarantors of the Agreement, however, the British and Irish Governments have an immutable obligation to nurture and support what is still a …
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The Northern Ireland parties have a fundamental role in shaping the future of the institutions to which they are elected by the people of Northern Ireland. As co- guarantors of the Agreement, however, the British and Irish Governments have an immutable obligation to nurture and support what is still a young and developing system of government, mired by structural complexities and operating in the context of sectarian division. Over the past 25 years, this is not an obligation that has always been met. Therefore, in light of the current impasse and the body of evidence presented in this report, we urge the Government to renew its commitment to the Belfast/Good 78 The effectiveness of the institutions of the Belfast/Good Friday Agreement Friday Agreement in Northern Ireland by commissioning the independently led Review of its institutions, as set out in our earlier recommendation, and to act swiftly upon further recommendations made in this report. (Paragraph 106) Strand Two - North/South institutions
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Government response AI summary
The government rejected the recommendation to commission an independently led review of the Agreement's institutions, stating that a review or amendment of the Northern Ireland Act 1998 is not being considered at this time. It acknowledged the challenges to institutional stability but emphasized the need …
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Northern Ireland Executive
Northern Ireland Office
22
Recommendation
First Report - The effectiveness of the…
Rejected
We note with concern the weight of evidence which suggests that the potential for the Strand Two institutions to deliver meaningful cooperation on the island of Ireland for the benefit of all its citizens, North and South, has not been realised. However, we also commend efforts which have seen pragmatic …
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We note with concern the weight of evidence which suggests that the potential for the Strand Two institutions to deliver meaningful cooperation on the island of Ireland for the benefit of all its citizens, North and South, has not been realised. However, we also commend efforts which have seen pragmatic cooperation outside of the formal structures of the institutions, with the benefits that have resulted. Nonetheless, we conclude that cooperation is best achieved through regular, formal, substantive participation in structures dedicated purely to the purpose of cooperation for mutual benefit, and we call for a renewed commitment on the part of the parties of Northern Ireland to realising the possibilities Strand Two created. To this end, we recommend that the Government incorporates into the Review a comprehensive evaluation of the structure and working practices of the NSMC and the implementation bodies, including the necessity or otherwise of the ministerial veto on attendance, such that maximum participation from the two administrations can be achieved and meaningful results delivered. (Paragraph 119) Strand Three - East/West institutions
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Government response AI summary
The government rejected the recommendation to incorporate an evaluation of Strand Two institutions (NSMC and implementation bodies) into a review, stating that a review of the Agreement or amendment of the Northern Ireland Act 1998 is not being considered at this time. It added that …
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Northern Ireland Executive
Northern Ireland Office
24
Recommendation
First Report - The effectiveness of the…
Rejected
As such, we recommend that the Government increase the level of Prime Ministerial attendance at meetings of both the BIIGC and BIC, with relevant Cabinet Ministers attending in addition or deputising as necessary, and incorporate into the Review a comprehensive assessment of how Strand Three could be better utilised to …
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As such, we recommend that the Government increase the level of Prime Ministerial attendance at meetings of both the BIIGC and BIC, with relevant Cabinet Ministers attending in addition or deputising as necessary, and incorporate into the Review a comprehensive assessment of how Strand Three could be better utilised to tackle shared policy issues for the benefit of the United Kingdom and its constituent nations and territories. (Paragraph 134) Public opinion
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Government response AI summary
The government rejects increasing Prime Ministerial attendance at BIIGC and BIC meetings and incorporating an assessment of Strand Three into a review, stating that a review of the Agreement is not being considered at this time.
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Northern Ireland Executive
Northern Ireland Office
26
Recommendation
First Report - The effectiveness of the…
Rejected
We understand the logic in waiting for the institutions to get back up and running before embarking on a significant review and/or reform process. If the position of the two Governments and the majority of the Northern Ireland parties is that some measure of stability has to precede the Review—which …
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We understand the logic in waiting for the institutions to get back up and running before embarking on a significant review and/or reform process. If the position of the two Governments and the majority of the Northern Ireland parties is that some measure of stability has to precede the Review—which as we have set out must be comprehensive and systematic—then we would accept that. However, we contend that there will be no perfect time to embark on a reform process and the fact remains that it is unclear when the institutions will return. In view of the danger presented by increased separation of opinion between the political classes and the general public, we urge the Government to take heed of the groundswell of opinion that is moving towards institutional change, act upon our recommendations to bolster the institutions’ viability in the short to medium term, and make preparations for the Review as soon as possible thereafter. Furthermore, given the recent history of collapses of the institutions, a review remains desirable after restoration to increase their stability and reduce the risk of future breakdowns.
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Government response AI summary
The government rejects making preparations for a comprehensive review of the Agreement as soon as possible, stating that a review or amendment is not being considered at this time following the restoration of the devolved institutions.
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Northern Ireland Executive
Northern Ireland Office
27
Recommendation
First Report - The effectiveness of the…
Rejected
Given the limited further evidence we received on the specific issue of ascribing legal and democratic legitimacy to any substantive reforms made to the institutions, we recommend that expert consultation on this issue should also form part of the Review. We also emphasise that the prospect of review and reform …
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Given the limited further evidence we received on the specific issue of ascribing legal and democratic legitimacy to any substantive reforms made to the institutions, we recommend that expert consultation on this issue should also form part of the Review. We also emphasise that the prospect of review and reform should not include any possibility of reversion to a time before the Agreement. With overwhelming legal and democratic legitimacy, it remains the only viable basis for government in Northern Ireland. The question at hand is when, and by what means, its necessary and foreseen evolution should be instituted.
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Government response AI summary
The government rejected the recommendation for expert consultation as part of a review, stating that a review of the Agreement or amendment of the Northern Ireland Act 1998 is not being considered at this time due to the recent restoration of the Executive. It acknowledged …
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Northern Ireland Executive
Northern Ireland Office
29
Recommendation
First Report - The effectiveness of the…
Rejected
Accordingly, we urge the Government to begin preparations for establishing a Northern Ireland Citizens’ Assembly. Its first undertaking should be to examine, alongside the 80 The effectiveness of the institutions of the Belfast/Good Friday Agreement Review, the issues of institutional reform discussed in this inquiry and it should aim to …
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Accordingly, we urge the Government to begin preparations for establishing a Northern Ireland Citizens’ Assembly. Its first undertaking should be to examine, alongside the 80 The effectiveness of the institutions of the Belfast/Good Friday Agreement Review, the issues of institutional reform discussed in this inquiry and it should aim to report its findings to the Review authority before any such body concludes its work. (Paragraph 162) The effectiveness of the institutions of the Belfast/Good Friday Agreement 81
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Government response AI summary
The government rejects beginning preparations for a Northern Ireland Citizens’ Assembly, stating that a review of the Agreement is not being considered at this time and that delivering on civic engagement commitments is for the restored Executive.
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Northern Ireland Executive
Northern Ireland Office