Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 27
27
Rejected
Paragraph: 156
Include expert consultation on legal legitimacy of institutional reforms as part of the Review.
Recommendation
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.
Government Response 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 the challenges to institutional stability but committed to no immediate action.
Paragraph Reference:
156
Government Response
Rejected
HM Government
Rejected
The Government remains unshakable in its commitment to the Agreement, an Agreement hard fought for and which should not easily be cast aside. UKG shares the view of the Committee that the Agreement provides the only legitimate basis for governance in Northern Ireland. While the Government’s focus has been firmly on the immediate restoration of the devolved institutions, we do recognise the challenges the report identifies concerning the stability of the institutions. Any discussion of reforms, including on the subject of timing, should be carefully considered in this context, and should command the support of the whole community in Northern Ireland. The Agreement has been vital in enabling progress and peace, but it is also important that it continues to be a living document that always serves the interests of the people of Northern Ireland. The Government also agrees with the Committee that any significant reform to the Agreement would require widespread consent. Securing local consensus in Northern Ireland depends on achieving that balance of cross-community consent, and therefore the Government’s preference is that this discussion is led by the people of Northern Ireland and their representatives. Voices from the UK or Irish Governments should not be at the forefront of any calls for reform. Matters relating to the Strand One institutions are, and will remain, a matter for the UK Government along with the NI parties. Given the recent restoration of the Northern Ireland Executive, a review of the Agreement, or amendment of the Northern Ireland Act 1998 is not being considered at this time. However, the report articulates challenges to the stability of governance, which the Government recognises.