Belfast Agreement

Original Articles 2 & 3

Articles 2 and 3 as they existed from the adoption of Constitution until the ratification of the Belfast/ Good Friday Agreement provided as follows:

Article 2 The national territory consists of the whole island of Ireland, its seas and territorial waters.

Article 3 Pending the re-integration of the national territory, and without prejudice to the right of the Parliament and Government established by this Constitution to exercise jurisdiction over the whole of that territory, the laws enacted by that Parliament shall have the like area and extent of application as the laws of Saorstát Éireann and the like extra-territorial effect.

The laws of Saorstat Éireann took effect with reference to 26 counties comprising the Irish Free State.

Effect of Original Articles

Cases decided in relation to the old Articles 2 and 3 had shown that it was intended to have more than an aspirational effect.

In a challenge to the Sunningdale Agreement which provided for recognition in a joint declaration of the governments of the status of Northern Ireland, the Irish High Court indicated that it would be unconstitutional for the State to acknowledge that it did not have a legitimate claim to Northern Ireland.

In a later referral of legislation by the President to the Supreme Court providing for trial in the Republic of Ireland of offences committed in Northern Ireland, the Supreme Court indicated that the national claim to unity was not in the legal but in the political order.

However, in a challenge by two Ulster Unionist party members to the Anglo-Irish Agreement 1985, the Supreme Court indicated that Articles 2 and 3 created a Constitutional imperative and was an unequivocal legal claim of rights. The court however held, that the Anglo-Irish Agreement only involved an acknowledgment of the de facto position. It did not affect the claim in international law.

Amended Articles

Following on the British-Irish Agreement, the so-called Good-Friday Agreement 1998, Articles 2 and 3 were amended to remove the claim of jurisdiction over Northern Ireland. The amended Articles 2 and 3 read;

Article 2 It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish Nation. That is also the entitlement of all persons otherwise qualified in accordance with Irish law to be citizens of Ireland. Furthermore, the Irish nation cherishes its special affinity with people of Irish ancestry living abroad who share its cultural identity.

Article 3 It is the firm will of the Irish Nation, in harmony and friendship, to unite all the people who share the territory of the island of Ireland, and in all the diversity of their identities and traditions, recognising that a united Ireland shall be brought about only by peaceful means with the consent of a majority of the people, democratically expressed, in both jurisdictions in the island. Until then, the laws enacted by the Parliament established by this Constitution shall have the like area and extent of application as the laws enacted by the Parliament that existed immediately before coming into the operation of this Constitution.

At the same time, amendments were made to Article 29. Article 29.7 provides that the State may consent to be bound by the Belfast Agreement.

Institutions

Institutions with executive powers and functions that are shared between those jurisdictions may be established by their respective responsible authorities for stated purposes and may exercise powers and functions in respect of all or any part of the island.

Institutions established by or under the Agreement may exercise the powers and functions conferred on it in respect of any part of the island of Ireland notwithstanding any other provision of the Constitution conferring a like power or function on any person or any organ of State appointed under or created or established by or under this Constitution. Any power or function conferred on such an institution in relation to the settlement or resolution of disputes or controversies may be in addition to or in substitution for any like power or function conferred by this Constitution on any such person or organ of State as aforesaid.

The Good-Friday Agreement itself included an affirmation by the two governments of their solemn commitment to support and were appropriate, to implement the provisions of that Agreement including the establishment of the institutions under the Agreement.

The Good-Friday Agreement was followed by the enactment of the British-Irish Agreement 1999 in the Ireland and the Northern Ireland Act 1998 in the United Kingdom. The latter act as amended is the Constitution of Northern Ireland.

Consent to Unity

The Northern Ireland Act confirmed the principle reflected in legislation since 1922, which declared that Northern Ireland in its entirety remains part of United Kingdom and shall not cease to be so part without the consent of the majority in a poll held in accordance with the provisions of the legislation. It declared that if the wish expressed by a majority in such poll is that Northern Ireland should cease to be part of the United Kingdom and form part of a United Ireland, the Secretary of State shall lay before parliament such proposal to give effect that wish as may be agreed between Her Majesty’s government and the government of Ireland.

The Northern Ireland Act provides that the Secretary of State for Northern Ireland may direct a poll on the question. He must direct a poll if it appears to him that a majority of those voting would express a wish that Northern Ireland should cease to be part of the United Kingdom and form part of a United Ireland. A poll may not be held more frequently than seven years. The order shall direct the persons entitled to vote, the questions to be asked and any other provisions.

Additional Agreements

In March 1999, the two governments signed four agreements supplementing the Belfast Agreement of April 1998. They provided for the establishment of Six North-South implementation bodies, a North-South Ministerial Council, British-Irish Council and a British-Irish intergovernmental conference.

These institutions were to operate in accordance with the provisions of the Good-Friday Agreement. The agreements would enter into effect at the same time as the British-Irish Agreement itself. The Agreement commenced on 2^nd December 1999 and the first meetings of the North-South Ministerial Council, British-Irish Council, British-Irish Intergovernmental Conference took place.

Suspensions of Institutions 2001 -2007

Political issues centering around decommissioning to a collapse of the institutions in 2000. As Northern Ireland Act 1998 could not be suspended, a new piece of legislation, the Northern Ireland Act 2000 suspended the institutions on 10 February 2000.

The institutions were restored in 2001 but suspended again on 15 October 2002 following a raid on Sinn Fein offices at parliament buildings and the arrest of Sinn Fein members on spying charges. The British and Irish governments entered an agreement enacted under the British-Irish Agreement Amendment Act 2002 in Ireland.

In April 2003, the British and Irish government published agreed proposals to attempt to restart the institutions in Northern Ireland. An independent monitoring commission was established to deal with the contentious issue of decommissioning.

Despite the suspension of the institutions, elections took place in 2003 which saw the DUP and Sinn Fein supplanting the Ulster Unionist Party and SDLP as the respective larger Unionist and Nationalist parties.

A review of the Agreement was instituted involving the government and Northern Ireland parties. The British and Irish governments were unable to conclude an agreement with the principal parties, but the governments published out proposals.

Following further progress on decommissioning and a complete cessation of activities by the IRA in 2005 talks resumed at St. Andrews in 2006. The St. Andrews Agreement commenced the timetable to renew establishment of the institution and adherence to policing institutions on the part of Republicans.

Effect of Suspension

It was proposed that decisions of the North-South Ministerial Council on issues in relation to the implementation bodies, would be taken by the governments (UK and Irish) instead of the Northern Ireland government in the latter case). And references said Northern Ireland Department and Assembly were to refer to the Northern Ireland Ministry and UK Parliament respectively.

Questions arose during the suspension of the Northern Ireland institutions as to the competence of the British and Irish governments to agree institutions in the absence of a Northern Ireland Assembly and Executive. Different opinions were expressed, and the view has been offered that there is no reason in principle why the Agreement would not allow the British and Irish governments to agree institutions if and while the Northern Ireland institutions are suspended. The argument is that assisted by the Constitutional provision, that the State may exercise extra-territorial jurisdiction in accordance with generally recognised principles of international law

St. Andrew’s Agreement

The UK Northern Ireland (St Andrews Agreement) Act 2006 gave legal effect to the provisions of the Agreement and set a date for the next Assembly election as 7 March 2007. British-Irish Agreement (Amendment) Act 2006 in Ireland amended the Irish legislation to give effect to the Agreement

The St Andrews Agreement included:

• full acceptance of the Police Service of Northern Ireland by Sinn Féin and a commitment from the DUP to form a power-sharing Executive;
• devolution of policing and justice powers within two years;
• requiring the Executive to develop strategies relating to the Irish and Ulster-Scots languages;
• the adoption of a statutory Ministerial Code which would, inter alia, set out the obligations of individual ministers regarding the referral of matters to the Executive;
enabling the Assembly to refer ministerial decisions for Executive review if 30 MLAs petitioned it to do so;
• nominations for the First and deputy First Minister to take place without a cross-community vote and restricting the ability of MLAs to change their community designation during an Assembly mandate (or term).

The UK government introduced legislation to give effect and in particular to repeal the Northern Ireland Act 2000. Under the agreement the institutions are re-established on 8^th March 2007.

Police & Justice Devolved

On 5 February 2010, Sinn Féin and the DUP reached an agreement at Hillsborough Castle to complete the devolution of policing and justice powers to the Northern Ireland Assembly. This also included agreement on parades and on implementing outstanding matters from the St Andrews Agreement.

Three days later, General John de Chastelain, the head of the Independent International Commission on Decommissioning, announced that the Irish National Liberation Army, the Official IRA and the South-East Antrim Ulster Defence Association had all decommissioned their weapons.

Policing and justice powers were devolved on 12 April 2020 via the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010. The new position of Justice Minister was to be made outside the usual d’Hondt procedure, effectively requiring cross-community support. David Ford of the Alliance Party was appointed to the post of policing and justice.

Stormont House Agreement

The Stormont House Agreement of December 2014 included further changes to strand one of the Belfast/Good Friday Agreement, including: • devolution of corporation tax;

flexibility in the implementation of welfare reform;
creation of an “official opposition” in the Assembly, consisting of any party eligible to take up ministerial positions but choosing not to do so;
reduction of the number of MLAs from 108 to 90 by 2021;
extension of the period for agreeing a programme for government following the first post-election meeting of the Assembly from 7 to 14 days, and for it to be agreed before the First and deputy First Ministers and other Executive ministers were selected;
establishing bodies to consider the legacy of “The Troubles”: an Historical Investigations Unit, an Independent Commission on Information Retrieval, an independent Oral History Archive and an Implementation and Reconciliation Group.
The Agreement was accompanied by a package of almost £2 billion in financial support from the UK Government.

Fresh Start: the Stormont Agreement and Implementation Plan was published on 17 November 2015. This included measures on welfare and paramilitarism, a commitment to a start date and rate for the devolution of corporation tax (April 2018 and 12.5%, respectively), a draft Northern Ireland Assembly Bill to reduce the number of MLAs for each constituency from six to five, and a restriction on spending plans which exceeded the Executive’s “block grant” or borrowing limits.

The Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016 gave legislative effect to commitments in the Fresh Start agreement, including a new Independent Reporting Commission to monitor progress towards ending paramilitary activity and changes to the ministerial Pledge of Office. The Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016 required MLAs to give an undertaking to work towards the ending of paramilitarism in Northern Ireland. Additionaly, the pledge of office taken by Ministers was updated requiring them to give a similar undertaking.

Brexit and Suspension 2017-2020

In June 2016 a majority of UK electors supported the UK’s departure from the European Union. Although this was a UK-wide ballot, Scotland and Northern Ireland voted to “Remain” while England and Wales voted to “Leave”. Sinn Féin supported Remain and the DUP Leave. Although the Northern Ireland Executive initially agreed a common stance on “Brexit”, tensions later emerged.

On 9 January 2017, Martin McGuinness of Sinn Féin announced he was resigning as deputy First Minister of Northern Ireland. Sinn Féin declined to nominate a successor, which meant First Minister Arlene Foster automatically ceased to hold office.This followed a dispute between Sinn Féin and the DUP concerning the Renewable Heat Incentive (RHI) subsidy scheme, which later became the subject of a high-profile public inquiry.

After a UK general election on 8 June 2017, , the Conservatives and DUP negotiated a confidence-and-supply agreement, which included an additional £1 billion funding for Northern Ireland. A fourth round of talks began on 4 September 2017.

The Northern Ireland (Executive Formation and Exercise of Functions Act 2018 made provision to:

suspend the Secretary of State for Northern Ireland’s “duty” to call another Assembly election for a time-limited period;
enable civil servants in the absence of Northern Ireland ministers to take certain decisions in accordance with guidance published by the Secretary of State;
permit UK ministers to make some public appointments in the absence of a fully functioning Assembly and Executive.101

The Northern Ireland (Executive Formation) Act 2019 provided that Secretary of State would be obliged to lay regulations changing the law on abortion and same-sex marriage (both transferred or devolved matters) in Northern Ireland by 21 October 2019, unless a devolved Executive had been formed.

Institutions Reestablished 2020-2022

On 9 January 2020, the Secretary of State for Northern Ireland, and Irish Foreign Minister published New Decade, New Approach. This sought to place the devolved institutions on a more sustainable footing, reduce the use of Petitions of Concern and enhance the Ministerial Code in the wake of issues emerging from the RHI inquiry.

The agreement also addressed issues around investment in public services alongside rights, language and identity. The Agreement made further changes to strand one of the Belfast/Good Friday Agreement – secured cross-party support and the Northern Ireland Assembly reconvened on Saturday 11 January 2020. An Executive was therefore formed two days before the statutory deadline of 13 January 2020.

Some of the proposals in the agreement were given legislative effect by the UK Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022. By law, the Secretary of State for Northern Ireland had been required to propose a date for an Assembly election if Executive ministers had not been appointed within 14 days of an Assembly election, or if the posts of First and/or deputy First Minister remained unfilled after seven days.

The 2022 Act replaced those time limits with up to four six-week periods for appointing Executive ministers. It also allowed ministers to remain in office (in a “caretaker” capacity) following an election for up to 24 weeks, and for up to 48 weeks if the First Minister and/or deputy First Minister stop holding office.

Suspension 2022-2024

Related to unionist dissatisfaction with the Northern Ireland Protocol, Paul Givan announced his resignation as First Minister of Northern Ireland on 3 February 2022, effective from midnight (4 February). The institutions were once again suspended.

An Assembly election took place, as scheduled, on Thursday, 5 May 2022. Sinn Fein emerged as the largest party for the first time. Its Northern Ireland leader would qualify to be the First Minister. The roles of First Minister and Deputy First Minister are largely equivalent.

The institutions were reestablished on 3 February 2024.