A New Framework for Agreement
- A shared understanding
- Constitutional Issues
- Structures in Northern Ireland
- North/South Institutions
- East/West Structures
- Protection of Rights
- Conclusion
A shared understanding between the British and Irish Governments to assist discussion and negotiation involving the Northern Ireland parties
1. The Joint Declaration acknowledges that the
most urgent and important issue facing the people of Ireland, North
and South, and the British and Irish Governments together, is to
remove the causes of conflict, to overcome the legacy of history
and to heal the divisions which have resulted.
2. Both Governments recognise that there is much for deep
regret on all sides in the long and often tragic history of
Anglo-Irish relations, and of relations in Ireland. They believe it
is now time to lay aside, with dignity and forbearance, the
mistakes of the past. A collective effort is needed to create,
through agreement and reconciliation, a new beginning founded on
consent, for relationships within Northern Ireland, within the
island of Ireland and between the peoples of these islands. The
Joint Declaration itself represents an important step towards this
goal, offering the people of Ireland, North and South, whatever
their tradition, the basis to agree that from now on their
differences can be negotiated and resolved exclusively by peaceful
political means.
3. The announcements made by the Irish Republican Army on 31
August 1994 and the Combined Loyalist Military Command on 13
October 1994 are a welcome response to the profound desire of
people throughout these islands for a permanent end to the violence
which caused such immense suffering and waste and served only to
reinforce the barriers of fear and hatred, impeding the search for
agreement.
4. A climate of peace enables the process of healing to
begin. It transforms the prospects for political progress, building
on that already made in the Talks process. Everyone now has a role
to play in moving irreversibly beyond the failures of the past and
creating new relationships capable of perpetuating peace with
freedom and justice.
5. In the Joint Declaration both Governments set themselves
the aim of fostering agreement and reconciliation, leading to a new
political framework founded on consent. A vital dimension of this
three-stranded process is the search, through dialogue with the
relevant Northern Ireland parties, for new institutions and
structures to take account of the totality of relationships and to
enable the people of Ireland to work together in all areas of
common interest while fully respecting their diversity.
6. Both Governments are conscious of the widespread desire,
throughout both islands and more widely, to see negotiations
underway as soon as possible. They also acknowledge the many
requests, from parties in Northern Ireland and elsewhere, for both
Governments to set out their views on how agreement might be
reached on relationships within the island of Ireland and between
the peoples of these islands.
7. In this Framework Document both Governments therefore
describe a shared understanding reached between them on the
parameters of a possible outcome to the Talks process, consistent
with the Joint Declaration and the statement of 26 March 1991.
Through this they hope to give impetus and direction to the process
and to show that a fair and honourable accommodation can be
envisaged across all the relationships, which would enable people
to work constructively for their mutual benefit, without
compromising the essential principles or the long-term aspirations
or interests of either tradition or of either community.
8. Both Governments are aware that the approach in this
document presents challenges to strongly-held positions on all
sides. However, a new beginning in relationships means addressing
fundamental issues in a new way and inevitably requires significant
movement from all sides. This document is not a rigid blueprint to
be imposed but both Governments believe it sets out a realistic and
balanced framework for agreement which could be achieved, with
flexibility and goodwill on all sides, in comprehensive
negotiations with the relevant political parties in Northern
Ireland. In this spirit, both Governments offer this document for
consideration and accordingly strongly commend it to the parties,
the people in the island of Ireland and more widely.
9. The primary objective of both Governments in their
approach to Northern Ireland is to promote and establish agreement
among the people of the island of Ireland, building on the Joint
Declaration. To this end they will both deploy their political
resources with the aim of securing a new and comprehensive
agreement involving the relevant political parties in Northern
Ireland and commanding the widest possible support.
10. They take as guiding principles for their co-operation
in search of this agreement:
(i) the principle of self-determination, as set out in the Joint
Declaration;
(ii) that the consent of the governed is an essential ingredient
for stability in any political arrangement;
(iii) that agreement must be pursued and established by exclusively
democratic, peaceful means, without resort to violence or
coercion;
(iv) that any new political arrangements must be based on full
respect for, and protection and expression of, the rights and
identities of both traditions in Ireland and even-handedly afford
both communities in Northern Ireland parity of esteem and
treatment, including equality of opportunity and advantage.
11. They acknowledge that in Northern Ireland, unlike the
situation which prevails elsewhere throughout both islands, there
is a fundamental absence of consensus about constitutional issues.
There are deep divisions between the members of the two main
traditions living there over their respective senses of identity
and allegiance, their views on the present status of Northern
Ireland and their vision of future relationships in Ireland and
between the two islands. However, the two Governments also
recognise that the large majority of people, in both parts of
Ireland, are at one in their commitment to the democratic process
and in their desire to resolve political differences by peaceful
means.
12. In their search for political agreement, based on
consent, the two Governments are determined to address in a fresh
way all of the relationships involved. Their aim is to overcome the
legacy of division by reconciling the rights of both traditions in
the fullest and most equitable manner. They will continue to work
towards and encourage the achievement of agreement, so as to
realise the goal set out in the statement of 26 March 1991 of "a
new beginning for relationships within Northern Ireland, within the
island of Ireland and between the peoples of these islands".
13. The two Governments will work together with the parties
to achieve a comprehensive accommodation, the implementation of
which would include interlocking and mutually supportive
institutions across the three strands, including:
(a) Structures within Northern Ireland (paragraphs 22 and 23) - to enable elected representatives in Northern Ireland to exercise shared administrative and legislative control over all those matters that can be agreed across both communities and which can most effectively and appropriately be dealt with at that level;
(b) North/South institutions (paragraphs 24- 38) - with clear identity and purpose, to enable representatives of democratic institutions, North and South, to enter into new, co-operative and constructive relationships; to promote agreement among the people of the island of Ireland; to carry out on a democratically accountable basis delegated executive, harmonising and consultative functions over a range of designated matters to be agreed; and to serve to acknowledge and reconcile the rights, identities and aspirations of the two major traditions;
(c) East-West structures paragraphs 39-49) - to enhance the existing basis for co-operation between the two Governments, and to promote, support and underwrite the fair and effective operation of the new arrangements.
14. Both Governments accept that agreement on an overall
settlement requires, inter alia, a balanced accommodation of the
differing views of the two main traditions on the constitutional
issues in relation to the special position of Northern
Ireland.
15. Given the absence of consensus and depth of divisions
between the two main traditions in Northern Ireland, the two
Governments agree that such an accommodation will involve an agreed
new approach to the traditional constitutional doctrines on both
sides. This would be aimed at enhancing and codifying the fullest
attainable measure of consent across both traditions in Ireland and
fostering the growth of consensus between them.
16. In their approach to Northern Ireland they will apply
the principle of self-determination by the people of Ireland on the
basis set out in the Joint Declaration: the British Government
recognise that it is for the people of Ireland alone, by agreement
between the two parts respectively and without external impediment,
to exercise their right of self-determination on the basis of
consent, freely and concurrently given, North and South, to bring
about a united Ireland, if that is their wish; the Irish Government
accept that the democratic right of self-determination by the
people of Ireland as a whole must be achieved and exercised with
and subject to the agreement and consent of a majority of the
people of Northern Ireland.
17. New arrangements should be in accordance with the
commitments in the Anglo-Irish Agreement and in the Joint
Declaration. They should acknowledge that it would be wrong to make
any change in the status of Northern Ireland save with the consent
of a majority of the people of Northern Ireland. If in future a
majority of the people there wish for and formally consent to the
establishment of a united Ireland, the two Governments will
introduce and support legislation to give effect to that
wish.
18. Both Governments recognise that Northern Ireland's
current constitutional status reflects and relies upon the present
wish of a majority of its people. They also acknowledge that at
present a substantial minority of its people wish for a united
Ireland. Reaffirming the commitment to encourage, facilitate and
enable the achievement of agreement over a period among all the
people who inhabit the island, they acknowledge that the option of
a sovereign united Ireland does not command the consent of the
unionist tradition, nor does the existing status of Northern
Ireland command the consent of the nationalist tradition. Against
this background, they acknowledge the need for new arrangements and
structures - to reflect the reality of diverse aspirations, to
reconcile as fully as possible the rights of both traditions, and
to promote co-operation between them, so as to foster the process
of developing agreement and consensus between all the people of
Ireland.
19. They agree that future arrangements relating to Northern
Ireland, and Northern Ireland's wider relationships, should respect
the full and equal legitimacy and worth of the identity, sense of
allegiance, aspiration and ethos of both the unionist and
nationalist communities there. Consequently, both Governments
commit themselves to the principle that institutions and
arrangements in Northern Ireland and North/South institutions
should afford both communities secure and satisfactory political,
administrative and symbolic expression and protection. In
particular, they commit themselves to entrenched provisions
guaranteeing equitable and effective political participation for
whichever community finds itself in a minority position by
reference to the Northern Ireland framework, or the wider Irish
framework, as the case may be, consequent upon the operation of the
principle of consent.
20. The British Government reaffirm that they will uphold
the democratic wish of a greater number of the people of Northern
Ireland on the issue of whether they prefer to support the Union or
a sovereign united Ireland. On this basis, they reiterate that they
have no selfish strategic or economic interest in Northern Ireland.
For as long as the democratic wish of the people of Northern
Ireland is for no change in its present status, the British
Government pledge that their jurisdiction there will be exercised
with rigorous impartiality on behalf of all the people of Northern
Ireland in their diversity. It will be founded on the principles
outlined in the previous paragraph with emphasis on full respect
for, and equality of, civil, political, social and cultural rights
and freedom from discrimination for all citizens, on parity of
esteem, and on just and equal treatment for the identity, ethos and
aspirations of both communities. The British Government will
discharge their responsibilities in a way which does not prejudice
the freedom of the people of Northern Ireland to determine, by
peaceful and democratic means, its future constitutional status,
whether in remaining a part of the United Kingdom or in forming
part of a united Ireland. They will be equally cognizant of either
option and open to its democratic realisation, and will not impede
the latter option, their primary interest being to see peace,
stability and reconciliation established by agreement among the
people who inhabit the island. This new approach for Northern
Ireland, based on the continuing willingness to accept the will of
a majority of the people there, will be enshrined in British
constitutional legislation embodying the principles and commitments
in the Joint Declaration and this Framework Document, either by
amendment of the Government of Ireland Act 1920 or by its
replacement by appropriate new legislation, and appropriate new
provisions entrenched by agreement.
21. As part of an agreement confirming the foregoing
understanding between the two Governments on constitutional issues,
the Irish Government will introduce and support proposals for
change in the Irish Constitution to implement the commitments in
the Joint Declaration. These changes in the Irish Constitution will
fully reflect the principle of consent in Northern Ireland and
demonstrably be such that no territorial claim of right to
jurisdiction over Northern Ireland contrary to the will of a
majority of its people is asserted, while maintaining the existing
birthright of everyone born in either jurisdiction in Ireland to be
part, as of right, of the Irish nation. They will enable a new
Agreement to be ratified which will include, as part of a new and
equitable dispensation for Northern Ireland embodying the
principles and commitments in the Joint Declaration and this
Framework Document, recognition by both Governments of the
legitimacy of whatever choice is freely exercised by a majority of
the people of Northern Ireland with regard to its constitutional
status, whether they prefer to continue to support the Union or a
sovereign united Ireland.
Structures in Northern Ireland
22. Both Governments recognise that new political structures
within Northern Ireland must depend on the co-operation of elected
representatives there. They confirm that cross-community agreement
is an essential requirement for the establishment and operation of
such structures. They strongly favour and will support provision
for cross-community consensus in relation to decisions affecting
the basic rights, concerns and fundamental interests of both
communities, for example on the lines adumbrated in Strand 1
discussions in the 1992 round-table talks.
23. While the principles and overall context for such new
structures are a recognised concern of both Governments in the
exercise of their respective responsibilities, they consider that
the structures themselves would be most effectively negotiated, as
part of a comprehensive three-stranded process, in direct dialogue
involving the relevant political parties in Northern Ireland who
would be called upon to operate them.
24. Both Governments consider that new institutions should
be created to cater adequately for present and future political,
social and economic inter-connections on the island of Ireland,
enabling representatives of the main traditions, North and South,
to enter agreed dynamic, new, co-operative and constructive
relationships.
25. Both Governments agree that these institutions should
include a North/South body involving Heads of Department on both
sides and duly established and maintained by legislation in both
sovereign Parliaments. This body would bring together these Heads
of Department representing the Irish Government and new democratic
institutions in Northern Ireland, to discharge or oversee delegated
executive, harmonising or consultative functions, as appropriate,
over a range of matters which the two Governments designate in the
first instance in agreement with the parties or which the two
administrations, North and South, subsequently agree to designate.
It is envisaged that, in determining functions to be discharged or
overseen by the North/South body, whether by executive action,
harmonisation or consultation, account will be taken of:
(i) the common interest in a given matter on the part of both parts
of the island; or
(ii) the mutual advantage of addressing a matter together; or
(iii) the mutual benefit which may derive from it being
administered by the North/South body; or
(iv) the achievement of economies of scale and the avoidance of
unnecessary duplication of effort.
In relevant posts in each of the two administrations participation
in the North/South body would be a duty of service. Both
Governments believe that the legislation should provide for a clear
institutional identity and purpose for the North/South body. It
would also establish the body's terms of reference, legal status
and arrangements for political, legal, administrative and financial
accountability. The North/South body could operate through, or
oversee, a range of functionally-related subsidiary bodies or other
entities established to administer designated functions on an all-
island or cross-border basis.
26. Specific arrangements would need to be developed to
apply to EU matters. Any EU matter relevant to the competence of
either administration could be raised for consideration in the
North/South body. Across all designated matters and in accordance
with the delegated functions, both Governments agree that the body
will have an important role, with their support and co-operation
and in consultation with them, in developing on a continuing basis
an agreed approach for the whole island in respect of the
challenges and opportunities of the European Union. In respect of
matters designated at the executive level, which would include all
EC programmes and initiatives to be implemented on a cross-border
or island-wide basis in Ireland, the body itself would be
responsible, subject to the Treaty obligations of each Government,
for the implementation and management of EC policies and programmes
on a joint basis. This would include the preparation, in
consultation with the two Governments, of joint submissions under
EC programmes and initiatives and their joint monitoring and
implementation, although individual projects could be implemented
either jointly or separately.
27. Both Governments envisage regular and frequent meetings
of the North/South body:
- to discharge the functions agreed for it in relation to a range of matters designated for treatment on an all-Ireland or cross-border basis;
- to oversee the work of subsidiary bodies.
28. The two Governments envisage that legislation in the
sovereign Parliaments should designate those functions which
should, from the outset, be discharged or overseen by the
North/South body; and they will seek agreement on these, as on
other features of North/South arrangements, in discussion with the
relevant political parties in Northern Ireland. It would also be
open to the North/South body to recommend to the respective
administrations and legislatures for their consideration that new
functions should be designated to be discharged or overseen by that
body; and to recommend that matters already designated should be
moved on the scale between consultation, harmonisation and
executive action. Within those responsibilities transferred to new
institutions in Northern Ireland, the British Government have no
limits of their own to impose on the nature and extent of functions
which could be agreed for designation at the outset or,
subsequently, between the Irish Government and the Northern Ireland
administration. Both Governments expect that significant
responsibilities, including meaningful functions at executive
level, will be a feature of such agreement. The British Government
believe that, in principle, any function devolved to the
institutions in Northern Ireland could be so designated, subject to
any necessary savings in respect of the British Government's powers
and duties, for example to ensure compliance with EU and
international obligations. The Irish Government also expect to
designate a comparable range of functions.
29. Although both Governments envisage that representatives
of North and South in the body could raise for discussion any
matter of interest to either side which falls within the competence
of either administration, it is envisaged, as already mentioned,
that its designated functions would fall into three broad
categories:
- consultative: the North/South body would be a forum where the two sides would consult on any aspect of designated matters on which either side wished to hold consultations. Both sides would share a duty to exchange information and to consult about existing and future policy, though there would be no formal requirement that agreement would be reached or that policy would be harmonised or implemented jointly, but the development of mutual understanding or common or agreed positions would be the general goal;
- harmonising: in respect of these designated responsibilities there would be, in addition to the duty to exchange information and to consult on the formulation of policy, an obligation on both sides to use their best endeavours to reach agreement on a common policy and to make determined efforts to overcome any obstacles in the way of that objective, even though its implementation might be undertaken by the two administrations separately;
- executive: in the case of these designated responsibilities the North/South body would itself be directly responsible for the establishment of an agreed policy and for its implementation on a joint basis. It would however be open to the body, where appropriate, to agree that the implementation of the agreed policy would be undertaken either by existing bodies, acting in an agency capacity, whether jointly or separately, North and South, or by new bodies specifically created and mandated for this purpose.
30. In this light, both Governments are continuing to give
consideration to the range of functions that might, with the
agreement of the parties, be designated at the outset and
accordingly they will be ready to make proposals in that regard in
future discussions with the relevant Northern Ireland
parties.
31. By way of illustration, it is intended that these
proposals would include at the executive level a range of
functions, clearly defined in scope, from within the following
broad categories:
- sectors involving a natural or physical all-Ireland framework;
- EC programmes and initiatives;
- marketing and promotion activities abroad;
- culture and heritage.
32. Again, by way of illustration, the Governments would
make proposals at the harmonising level for a broader range of
functions, clearly defined in scope (including, as appropriate,
relevant EU aspects), from within the following categories:
aspects of -
- agriculture and fisheries;
- industrial development;
- consumer affairs;
- transport;
- energy;
- trade;
- health;
- social welfare;
- education; and
- economic policy.
33. By way of example, the category of agriculture and
fisheries might include agricultural and fisheries research,
training and advisory services, and animal welfare; health might
include co-operative ventures in medical, paramedical and nursing
training, cross- border provision of hospital services and major
emergency/accident planning; and education might include mutual
recognition of teacher qualifications, co-operative ventures in
higher education, in teacher training, in education for mutual
understanding and in education for specialised needs.
34. The Governments also expect that a wide range of
functions would be designated at the consultative level.
35. Both Governments envisage that all decisions within the
body would be by agreement between the two sides. The Heads of
Department on each side would operate within the overall terms of
reference mandated by legislation in the two sovereign Parliaments.
They would exercise their powers in accordance with the rules for
democratic authority and accountability for this function in force
in the Oireachtas and in new institutions in Northern Ireland. The
operation of the North/South body's functions would be subject to
regular scrutiny in agreed political institutions in Northern
Ireland and the Oireachtas respectively.
36. Both Governments expect that there would be a
Parliamentary Forum, with representatives from agreed political
institutions in Northern Ireland and members of the Oireachtas, to
consider a wide range of matters of mutual interest.
37. Both Governments envisage that the framework would
include administrative support staffed jointly by members of the
Northern Ireland Civil Service and the Irish Civil Service. They
also envisage that both administrations will need to arrange
finance for the North/South body and its agencies on the basis that
these constitute a necessary public function.
38. Both Governments envisage that this new framework should
serve to help heal the divisions among the communities on the
island of Ireland; provide a forum for acknowledging the respective
identities and requirements of the two major traditions; express
and enlarge the mutual acceptance of the validity of those
traditions; and promote understanding and agreement among the
people and institutions in both parts of the island. The remit of
the body should be dynamic, enabling progressive extension by
agreement of its functions to new areas. Its role should develop to
keep pace with the growth of harmonisation and with greater
integration between the two economies.
39. Both Governments envisage a new and more broadly- based
Agreement, developing and extending their co-operation, reflecting
the totality of relationships between the two islands, and
dedicated to fostering co-operation, reconciliation and agreement
in Ireland at all levels.
40. They intend that under such a new Agreement a standing
Intergovernmental Conference will be maintained, chaired by the
designated Irish Minister and by the Secretary of State for
Northern Ireland. It would be supported by a Permanent Secretariat
of civil servants from both Governments.
41. The Conference will be a forum through which the two
Governments will work together in pursuance of their joint
objectives of securing agreement and reconciliation amongst the
people of the island of Ireland and of laying the foundations for a
peaceful and harmonious future based on mutual trust and
understanding between them.
42. The Conference will provide a continuing institutional
expression for the Irish Government's recognised concern and role
in relation to Northern Ireland. The Irish Government will put
forward views and proposals on issues falling within the ambit of
the new Conference or involving both Governments, and determined
efforts will be made to resolve any differences between the two
Governments. The Conference will be the principal instrument for an
intensification of the co-operation and partnership between both
Governments, with particular reference to the principles contained
in the Joint Declaration, in this Framework Document and in the new
Agreement, on a wide range of issues concerned with Northern
Ireland and with the relations between the two parts of the island
of Ireland. It will facilitate the promotion of lasting peace,
stability, justice and reconciliation among the people of the
island of Ireland and maintenance of effective security
co-operation between the two Governments.
43. Both Governments believe that there should also be
provision in the Agreement for developing co-operation between the
two Governments and both islands on a range of "East- West" issues
and bilateral matters of mutual interest not covered by other
specific arrangements, either through the Anglo-Irish
Intergovernmental Council, the Conference or otherwise.
44. Both Governments accept that issues of law and order in
Northern Ireland are closely intertwined with the issues of
political consensus. For so long as these matters are not devolved,
it will be for the Governments to consider ways in which a climate
of peace, new institutions and the growth of political agreement
may offer new possibilities and opportunities for enhancing
community identification with policing in Northern Ireland, while
maintaining the most effective possible deployment of the resources
of each Government in their common determination to combat crime
and prevent any possible recourse to the use or threat of violence
for political ends, from any source whatsoever.
45. The Governments envisage that matters for which
responsibility is transferred to new political institutions in
Northern Ireland will be excluded from consideration in the
Conference, except to the extent that the continuing
responsibilities of the Secretary of State for Northern Ireland are
relevant, or that cross-border aspects of transferred issues are
not otherwise provided for, or in the circumstances described in
the following paragraph.
46. The Intergovernmental Conference will be a forum for the
two Governments jointly to keep under review the workings of the
Agreement and to promote, support and underwrite the fair and
effective operation of all its provisions and the new arrangements
established under it. Where either Government considers that any
institution, established as part of the overall accommodation, is
not properly functioning within the Agreement or that a breach of
the Agreement has otherwise occurred, the Conference shall consider
the matter on the basis of a shared commitment to arrive at a
common position or, where that is not possible, to agree a
procedure to resolve the difference between them. If the two
Governments conclude that a breach has occurred in any of the above
circumstances, either Government may make proposals for remedy and
adequate measures to redress the situation shall be taken. However,
each Government will be responsible for the implementation of such
measures of redress within its own jurisdiction. There would be no
derogation from the sovereignty of either Government; each will
retain responsibility for the decisions and administration of
government within its own jurisdiction.
47. In the event that devolved institutions in Northern
Ireland ceased to operate, and direct rule from Westminster was
reintroduced, the British Government agree that other arrangements
would be made to implement the commitment to promote co-operation
at all levels between the people, North and South, representing
both traditions in Ireland, as agreed by the two Governments in the
Joint Declaration, and to ensure that the co-operation that had
been developed through the North/South body be maintained.
48. Both Governments envisage that representatives of agreed
political institutions in Northern Ireland may be formally
associated with the work of the Conference, in a manner and to an
extent to be agreed by both Governments after consultation with
them. This might involve giving them advance notice of what is to
be discussed in the Conference, enabling them to express views to
either Government and inviting them to participate in various
aspects of the work of the Conference. Other more structured
arrangements could be devised by agreement.
49. The Conference will also be a framework for consultation
and coordination between both Governments and the new North/South
institutions, where the wider role of the two Governments is
particularly relevant to the work of those institutions, for
example in a coordinated approach on EU issues. It would be for
consideration by both Governments, in consultation with the
relevant parties in the North, or with the institutions after they
have been established, whether to achieve this through formal or ad
hoc arrangements.
50. There is a large body of support, transcending the
political divide, for the comprehensive protection and guarantee of
fundamental human rights. Acknowledging this, both Governments
envisage that the arrangements set out in this Framework Document
will be complemented and underpinned by an explicit undertaking in
the Agreement on the part of each Government, equally, to ensure in
its jurisdiction in the island of Ireland, in accordance with its
constitutional arrangements, the systematic and effective
protection of common specified civil, political, social and
cultural rights. They will discuss and seek agreement with the
relevant political parties in Northern Ireland as to what rights
should be so specified and how they might best be further
protected, having regard to each Government's overall
responsibilities including its international obligations. Each
Government will introduce appropriate legislation in its
jurisdiction to give effect to any such measure of agreement.
51. In addition, both Governments would encourage democratic
representatives from both jurisdictions in Ireland to adopt a
Charter or Covenant, which might reflect and endorse agreed
measures for the protection of the fundamental rights of everyone
living in Ireland. It could also pledge a commitment to mutual
respect and to the civil rights and religious liberties of both
communities, including:
- the right of free political thought,
- the right to freedom and expression of religion,
- the right to pursue democratically national and political aspirations,
- the right to seek constitutional change by peaceful and legitimate means,
- the right to live wherever one chooses without hindrance,
- the right to equal opportunity in all social and economic activity, regardless of class, creed, gender or colour.
52. This Charter or Covenant might also contain a commitment
to the principle of consent in the relationships between the two
traditions in Ireland. It could incorporate also an enduring
commitment on behalf of all the people of the island to guarantee
and protect the rights, interests, ethos and dignity of the
unionist community in any all-Ireland framework that might be
developed with consent in the future, to at least the same extent
as provided for the nationalist community in the context of
Northern Ireland under the structures and provisions of the new
Agreement.
53. The Covenant might also affirm on behalf of all
traditions in Ireland a solemn commitment to the exclusively
peaceful resolution of all differences between them including in
relation to all issues of self- determination, and a solemn
repudiation of all recourse to violence between them for any
political end or purpose.
54. Both Governments agree that the issues set out in this
Framework Document should be examined in the most comprehensive
attainable negotiations with democratically mandated political
parties in Northern Ireland which abide exclusively by peaceful
means and wish to join in dialogue on the way ahead.
55. Both Governments intend that the outcome of these
negotiations will be submitted for democratic ratification through
referendums, North and South.
56. Both Governments believe that the present climate of
peace, which owes much to the imagination, courage and
steadfastness of all those who have suffered from violence, offers
the best prospect for the Governments and the parties in Northern
Ireland to work to secure agreement and consent to a new political
accommodation. To accomplish that would be an inestimable prize for
all, and especially for people living in Northern Ireland, who have
so much to gain from such an accommodation, in which the divisions
of the past are laid aside for ever and differences are resolved by
exclusively political means. Both Governments believe that a new
political dispensation, such as they set out in this Framework
Document, achieved through agreement and reconciliation and founded
on the principle of consent, would achieve that objective and
transform relationships in Northern Ireland, in the island of
Ireland and between both islands.
57. With agreement, co-operation to the mutual benefit of
all living in Ireland could develop without impediment, attaining
its full potential for stimulating economic growth and prosperity.
New arrangements could return power, authority and responsibility
to locally-elected representatives in Northern Ireland on a basis
acceptable to both sides of the community, enabling them to work
together for the common welfare and interests of all the community.
The diversity of identities and allegiances could be regarded by
all as a source of mutual enrichment, rather than a threat to
either side. The divisive issue of sovereignty might cease to be
symbolic of the domination of one community over another. It would
instead be for decision under agreed ground-rules, fair and
balanced towards both aspirations, through a process of democratic
persuasion governed by the principle of consent rather than by
threat, fear or coercion. In such circumstances the Governments
hope that the relationship between the traditions in Northern
Ireland could become a positive bond of further understanding,
co-operation and amity, rather than a source of contention, between
the wider British and Irish democracies.
58. Accordingly the British and Irish Governments offer for
consideration and strongly commend these proposals, trusting that,
with generosity and goodwill, the peoples of these islands will
build on them a new and lasting agreement.

