Source · Select Committees · Northern Ireland Affairs Committee

First Report - The effectiveness of the institutions of the Belfast/Good Friday Agreement

Northern Ireland Affairs Committee HC 45 Published 4 December 2023
Report Status
Government responded
Conclusions & Recommendations
29 items (13 recs)
Government Response
AI assessment · 29 of 29 classified
Accepted 1
Acknowledged 11
Rejected 17
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Recommendations

13 results
5 Rejected

Commission an independent review into Belfast/Good Friday Agreement institutions' operation and effectiveness.

Recommendation
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 … Read more
Government Response 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 Ireland and their representatives.
Northern Ireland Office
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13 Rejected
Para 78

Legislate to elect Northern Ireland Assembly Speaker by a two-thirds supermajority.

Recommendation
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 … Read more
Government Response 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 as a significant departure from cross-community protections.
Northern Ireland Office
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15 Rejected
Para 84

Legislate to rename First and Deputy First Ministers to 'Joint First Minister'.

Recommendation
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 … Read more
Government Response 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 proposal would be a significant departure from cross-community protections.
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17 Rejected
Para 89

Legislate to elect Joint First Ministers by two-thirds Assembly supermajority.

Recommendation
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 … Read more
Government Response 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 from cross-community protections.
Northern Ireland Office
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18 Rejected
Para 93

Incorporate evaluation of Executive formation reform into Review to increase coalition cohesiveness.

Recommendation
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 … Read more
Government Response 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 cross-community consent.
Northern Ireland Office
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19 Rejected
Para 98

Incorporate evaluation of community designation's impact on cross-community governance into Review.

Recommendation
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 … Read more
Government Response 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.
Northern Ireland Office
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20 Rejected
Para 103

Incorporate a module into the Review on improving Strand One institutions' behaviours and practices.

Recommendation
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 … Read more
Government Response 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.
Northern Ireland Office
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21 Rejected

Renew Government's commitment to the Belfast/Good Friday Agreement by commissioning an independent review.

Recommendation
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 … Read more
Government Response 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 for reforms to have widespread cross-community consent and be locally led.
Northern Ireland Office
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22 Rejected

Incorporate a comprehensive evaluation of NSMC structure and working practices into the institutions review.

Recommendation
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 … Read more
Government Response 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 any future review of Strand Two should be led by ministers in Northern Ireland and Ireland.
Northern Ireland Office
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24 Rejected

Increase Prime Ministerial attendance at British-Irish Intergovernmental Conference and British-Irish Council meetings.

Recommendation
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 … Read more
Government Response 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.
Northern Ireland Office
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26 Rejected
Para 155

Make preparations for the comprehensive institutions Review as soon as possible after restoration.

Recommendation
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 … Read more
Government Response 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.
Northern Ireland Office
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27 Rejected
Para 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. … Read more
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.
Northern Ireland Office
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29 Rejected

Begin preparations for establishing a Northern Ireland Citizens' Assembly to examine institutional reform.

Recommendation
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 … Read more
Government Response 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.
Northern Ireland Office
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Conclusions (4)

Observations and findings
10 Conclusion Rejected
Para 61
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 …
Government Response 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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12 Conclusion 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 …
Government Response 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 explained that such proposals would significantly depart from cross-community protections.
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14 Conclusion Rejected
Para 83
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 …
Government Response 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 widespread cross-community consent and should be led by the people of Northern Ireland.
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16 Conclusion Rejected
Para 88
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 …
Government Response 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 highlighted the need for cross-community support for any significant reforms.
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