{"id":22067,"date":"2023-07-16T23:04:22","date_gmt":"2023-07-16T23:04:22","guid":{"rendered":"https:\/\/legalblog.ie\/?p=22067"},"modified":"2023-07-16T23:19:40","modified_gmt":"2023-07-16T23:19:40","slug":"cross-border-institutions","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/cross-border-institutions\/","title":{"rendered":"Cross-Border Institutions"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/cross-border-institutions\/#North-South_Ministerial_Council\" title=\"North-South Ministerial Council\">North-South Ministerial Council<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/cross-border-institutions\/#Functioning\" title=\"Functioning\">Functioning<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/cross-border-institutions\/#Decisions_Making\" title=\"Decisions Making\">Decisions Making<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/cross-border-institutions\/#Areas\" title=\"Areas\">Areas<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/cross-border-institutions\/#Implementation_Bodies\" title=\"Implementation Bodies\">Implementation Bodies<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/cross-border-institutions\/#Further_Institutions\" title=\"Further Institutions\">Further Institutions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/cross-border-institutions\/#British-Irish_Council\" title=\"British-Irish Council\">British-Irish Council<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/cross-border-institutions\/#British-Irish_Intergovernmental_Conference\" title=\"British-Irish Intergovernmental Conference\">British-Irish Intergovernmental Conference<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"North-South_Ministerial_Council\"><\/span>North-South Ministerial Council<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The British-Irish Agreement (Good-Friday Agreement) provided for the establishment of a North-South Ministerial Council\u00a0 to bring together those with executive responsibilities in Northern Ireland and\u00a0 Irish Government, to develop consultation, co-operation and action within the island of Ireland, \u00a0including through implementation on an all-island and cross-border basis in relation to matters of mutual interest within the competence of the administrations, North and South.<\/p>\n<p>The bodies are international cooperation bodies which may share sovereignty. Further bodies to those specified may be agreed and the scope of those already specified may be expanded.<\/p>\n<p>All the Council decisions are to be by agreement of both sides.\u00a0 The Northern Ireland government is to be represented by executive members of Northern Ireland administration, First Minister, Deputy First Minister and any relevant Ministers.\u00a0 The Irish Government is to be represented by the Taoiseach, relevant Ministers, operating in accordance with the rules for democratic authority and accountability in force in the Northern Ireland Assembly and the Oireachtas.<\/p>\n<p>Participation in the Council is one of the essential responsibilities attaching to governmental posts in the two Administrations.\u00a0 If the holder of a relevant post will not participate\u00a0 in the Council, the Taoiseach in the case of the Irish Government, and the First and Deputy First Minister in the case of the Northern Ireland Administration, may make alternative arrangements.<\/p>\n<p>The agreement declares that the North-South Ministerial Council and the Northern Ireland Assembly are interconnected and that one cannot function without the other. Therefore, it has not functioned while the Northern Ireland Assembly has been suspended.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Functioning\"><\/span>Functioning<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Council is to meet in plenary format twice a year, with Northern Ireland representatives led by the First and Deputy First Minister and the Irish Government led by the Taoiseach.\u00a0 It is \u00a0to meet in sectoral formats on a regular and frequent basis with each side represented by the appropriate Minister.<\/p>\n<p>It is to meet in appropriate format to consider institutional or cross-sectoral matters.\u00a0 Each side is represented by the appropriate minister.\u00a0 It is also to meet in an appropriate format to consider institutional or cross-sectoral matters.<\/p>\n<p>Agendas for all meetings are to be settled by prior agreement.\u00a0 It is open to either side to propose any matter for consideration or action.<\/p>\n<p>The Council is to exchange information,\u00a0 discuss and consult with a view to co-operation on matters of mutual interests within the competence of both administrations.\u00a0 They are to use best endeavours to reach agreement on the adoption of common policies, in the listed areas where there is a mutual cross-border and all-island benefit, and which are within the competence of both administrations, North and South, making determined efforts to overcome any disagreements.<\/p>\n<p>The costs of the council on the implementation bodies is funded by the two administrations.\u00a0 They are jointly ownership by the Comptroller and Auditor General and the Northern Ireland Audits Office.<\/p>\n<p>The Council is supported by a standing Secretariat, which staffed by members of the Northern Ireland Civil Service and the Irish Civil Service.<\/p>\n<p>The Council has to consider the European Union dimension of matters, including the implementation of EU programmes.\u00a0 Arrangements are to be made to ensure that the views of the Council are taken into account and represented at relevant EU meetings.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Decisions_Making\"><\/span>Decisions Making<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Council \u00a0is to take decisions by agreement in specified areas on policies for implementation separately in each jurisdiction, in relevant meaningful areas within the competence of both administrations.\u00a0 In other specified areas, it is to take decisions by agreement on policies and action at an all-island and cross-border level to be implemented by the bodies to be established.<\/p>\n<p>Each side is to be in a position to make decisions in the Council within the authority of those attending, through the arrangements in place for coordination of executive functions within each jurisdiction.\u00a0 Each side is accountable to the Assembly and Oireachtas respectively for decisions which require their authority and are outside the scope of those attending.<\/p>\n<p>Each government is obliged under the Agreement that the bodies are to \u00a0have a clear operational remit to implement on an all-island and cross-border basis, policies agreed in the Council.\u00a0 They have to report to the Council, while \u00a0remaining subject to accountability to the Northern Ireland Assembly and Oireachtas.<\/p>\n<p>Disagreements within the Council are to be addressed in a particular format or in a full agreement.\u00a0 Each side may agree to appoint experts to consider a particular matter or to report.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Areas\"><\/span>Areas<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Areas for co-operation and implementation by the North-South may include:<\/p>\n<ul>\n<li>Agriculture \/ animal and plant health<\/li>\n<li>Education \/ teacher qualific<\/li>\n<li>ations and exchanges<\/li>\n<li>Transport \/ strategic transport planning<\/li>\n<li>Environment \/ environmental protection, pollution, water quality, and waste management<\/li>\n<li>Waters\/ inland waterways<\/li>\n<li>Social security \/ social welfare entitlements of cross-border workers and fraud control<\/li>\n<li>Tourism \/ promotion, marketing, research, and product development<\/li>\n<li>Relevant EU programmes such including Leader, INTERREG and successors<\/li>\n<li>Inland fisheries<\/li>\n<li>Aquaculture and marine matters<\/li>\n<li>Health: accident and emergency services and other cross-border issues<\/li>\n<li>Urban and rural development<\/li>\n<\/ul>\n<p>There was agreement on six areas of cooperation:<\/p>\n<ul>\n<li>Transport;<\/li>\n<li>Agriculture;<\/li>\n<li>Education;<\/li>\n<li>Health;<\/li>\n<li>Environment and;<\/li>\n<li>Tourism<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Implementation_Bodies\"><\/span>Implementation Bodies<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There was agreement on implementation bodies in the areas of:<\/p>\n<ul>\n<li>Inland waterway;<\/li>\n<li>Food safety<\/li>\n<li>Trade and business development;<\/li>\n<li>Language (Irish\/ Ulster Scots);<\/li>\n<li>Aquaculture and marine;<\/li>\n<li>Special EU programs<\/li>\n<\/ul>\n<p>The bodies established were:<\/p>\n<ul>\n<li>Waterways Ireland<\/li>\n<li>The Food Safety Promotion Board<\/li>\n<li>The Trade and Business Development Body (InterTrade Ireland)<\/li>\n<li>Special EU Programs Body<\/li>\n<li>The North-South language Body<\/li>\n<li>The Foyle, Carlingford and Irish Lights Commission<\/li>\n<\/ul>\n<p>The implementation bodies were implemented by statutory instrument by the United Kingdom Parliament.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Further_Institutions\"><\/span>Further Institutions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Assembly and the Oireachtas are to consider developing a joint parliamentary forum, bringing equal numbers from each institutions for discussion of matters of mutual interest and concern.\u00a0 Consideration is to be given to the establishment of an independent consultative forum appointed by the two administrations, representative of civil society, comprising the social partners and other members with expertise in social, cultural, economic and other issues.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"British-Irish_Council\"><\/span>British-Irish Council<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Belfast Agreement\u00a0 established a British-Irish Council (Strand 3).\u00a0 The British-Council was established to promote the harmonious and mutually beneficial development of the totality of relationships between the peoples of the islands.\u00a0 Membership comprises representatives of the British and Irish governments, \u00a0devolved institutions in Northern Ireland, Scotland and Wales, together with representatives of the Isle of Man and the Channel Islands.<\/p>\n<p>The British-Irish Council has to meet at least twice a year at summit level, with other meeting on sectoral issues comprising appropriate representives.\u00a0 The procedures are to be in accordance with democratic authority and accountability in their respective elected institutions.<\/p>\n<p>The BIC will consider and promote consultation and co-operation on matters of common interest fairly within the competence of the relevant administration.\u00a0 Suitable issues for discussion are to include transport links, agricultural issues, environmental issues, cultural issues, minority languages, health, education issues and approaches to EU issues.<\/p>\n<p>It is open to the BIC to agree common policies or common actions.\u00a0 Individual members may opt not to participate in such common policies or action.<\/p>\n<p>The BIC is to operate normally by consensus. \u00a0In relation to decisions on common policies and actions, it is to operate by agreement of all members&#8217; participation in such policies and actions.<\/p>\n<p>The members of the British-Irish Council are to provide financial support on a basis to be agreed by them. A secretariat is to be provided by the British and Irish Governments in co-ordination with officials of each of the other members.<\/p>\n<p>In addition to the structures under the Agreement, one or \u00a0two or more members may develop bilateral or multilateral arrangements. \u00a0This may include mechanisms to enable consultation, co-operation and joint decision-making on matters of mutual interest; and mechanisms to implement any joint decisions.\u00a0 These arrangements will not require the consent of the British-Irish Council as a whole.<\/p>\n<p>The elected institutions were encouraged to develop inter-parliamentary links, building at the British-Irish parliamentary Body.<\/p>\n<p>The full membership of the Council is to keep under review the workings of the Council, including reviews from time-to-time.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"British-Irish_Intergovernmental_Conference\"><\/span>British-Irish Intergovernmental Conference<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The addition to the British-Irish Council, Strand 3 includes \u00a0the British-Irish inter-governmental conference.\u00a0 In contrast to the British-Irish Council which involves the islands (Isle of Man and Channel Islands) \u00a0and the devolved administrations within the United Kingdom (Wales, Scotland and Northern Ireland), the British-Irish Intergovernmental Conference involves the British and Irish governments only. It is the successor to the 1985 Intergovernmental Conference by the Anglo-Irish Agreement of 15 November 1985.<\/p>\n<p>There is provisions for Northern Ireland ministers to attend in relation to matters excepted and reserved from the powers of the Northern Ireland Parliament and reserved to the UK government and parliament.<\/p>\n<p>The British-Irish Intergovernmental Conference is to bring together the British and Irish Governments to promote bilateral co-operation on all matters of mutual interest within the competence of Government.<\/p>\n<p>Functioning of Conference<\/p>\n<p>It is to meet as required at Summit level between the Prime Minister and Taoiseach.\u00a0 Otherwise, the Governments are to be represented by appropriate Ministers.\u00a0 Advisers may attend including police and security advisers as necessary. Decisions are to be made by agreement between the Governments.\u00a0 The Governments are to make determined efforts to resolve disagreements.<\/p>\n<p>In recognition of the Irish Government\u2019s special interest in Northern Ireland and to the extent to which interests of mutual concern arise in relation to Northern Ireland, there are to be regular and frequent meetings of the Conference concerned with non-devolved Northern Ireland matters.\u00a0 The Irish Government may put forward views and proposals. Meetings are to be chaired by the Minister for Foreign Affairs and the Secretary of State for Northern Ireland. Meetings are also to deal with all-island and cross-border co-operation matters on non-devolved issues.<\/p>\n<p>Co-operation within the framework of the Conferences to include facilitation on co-operation and security matters.\u00a0 The Conference was to address areas of rights, justice, prisons and policing in Northern Ireland until responsibility was devolved to Northern Ireland.\u00a0 It is to intensify co-operation on all-island or cross-border aspects of these matters.\u00a0 Justice and security matters were devolved in 2010<\/p>\n<p>Executive members of the Northern Ireland Administration are to be involved in the meetings of the Council in relation to non-devolved issues.<\/p>\n<p>The Conference is supported by officials of the British and Irish Governments, including a standing joint Secretariat of officials dealing with non-devolved Northern Ireland matters.<\/p>\n<p>The Conference is to keep under review the workings of the\u00a0 British-Irish Agreement and the machinery and institutions established under it.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-22067\" data-postid=\"22067\" class=\"themify_builder_content themify_builder_content-22067 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>North-South Ministerial Council The British-Irish Agreement (Good-Friday Agreement) provided for the establishment of a North-South Ministerial Council\u00a0 to bring together those with executive responsibilities in Northern Ireland and\u00a0 Irish Government, to develop consultation, co-operation and action within the island of Ireland, \u00a0including through implementation on an all-island and cross-border basis in relation to matters of [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[329],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22067"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=22067"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22067\/revisions"}],"predecessor-version":[{"id":22075,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22067\/revisions\/22075"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22067"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22067"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22067"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}