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Seeing it through? The multifaceted implementation of the Belfast Agreement
by Brigid Hadfield
From Aspects of the Belfast Agreement edited by Rick Wilford
Oxford University Press 2001
There has been much debate about the nature of the all-Ireland bodies delineated in the Belfast Agreement and created subsequently by intergovernmental Treaty and legislation in both Westminster and the Dail. In particular the question, not itself clearly answered in the Agreement, (58) asked is: 'Is the NSMC an executive body?' or, more diffusely, what is the nature of the all-Ireland dimension so created - dynamic or static? In so far as the word 'executive' requires the double element of both policy formulation and implementation, then it may be argued that the NSMC is not an executive body in that implementation of its decisions rests elsewhere, specifically in the implementation bodies created by the Assembly/Westminster and the Dail. The Agreement itself refers to the Assembly and the NSMC and their functioning as being interlocking and inter-dependent and under sections 52 and 53 of the 1998 Act, Ministers participating in the Council are answerable to the Assembly, which is responsible for enacting any requisite legislation emanating from NSMC decisions. It may, therefore, be argued that the NSMC and implementation bodies are 'delegates' of the Northern Ireland Assembly; that the implementation bodies are limited in number and operating in limited areas; and that the future ambit of the NSMC's, powers the development of implementation bodies, and consequently the nature or force of the all-Ireland dynamo are tied to the wishes of the Assembly. By contrast, Article 3 of the British-Irish Agreement of March 1999 on the cross - border implementation bodies states that each such body '...shall in particular implement any decisions of the (NSMC) on policies and actions relating to matters within the scope of the Body's functions' and the remit of each implementation body indicates a very close relationship between it and the NSMC, for example, relating to the power to appoint the body's membership, the obligation of the body to report to and to advise the NSMC, the submission of corporate plans, and of annual reports which are also to be laid before the respective legislatures. Each body is to be subject to the Ombudsman of the relevant jurisdiction and close liaison is likely between the law officers concerning any legal challenges or queries. There is thus an argument that policy and implementation are so closely linked in the chain that the word 'executive' is not inappropriate for the NSMC either alone, or with the implementation bodies.
Thus with regard to matters falling within the devolved responsibilities of the Northern Ireland Assembly and Ministers, there is already an all-Ireland dimension of not insignificant proportions (59). The NMSC has within its remit 'matters of mutual interest within the competence of the two Administrations, North and South'. This does mean, of course - a factor not always fully appreciated - that there is a mutuality in these arrangements - that they may and will lead to as many changes in the laws of the Republic of Ireland as in Northern Ireland; that policies for the former jurisdiction will have to be reached through agreement with Ministers from Northern Ireland as approved by the Assembly; that a sovereign State is accepting such changes being wrought as a consequence of agreements with a non-Sovereign legislature and government.
58. Strand 2, paragraph 1.............the (NSMC)...... to bring together those with executive responsibilities in Northern Ireland, and the Irish Government to develop consultation, co-operation and action within the island of Ireland - including through implementation on an all-island and cross border basis - on matters of mutual interest within the competence of the Administrations, North and South'. See also para 5 (iii)
59. For the non devolved matters all-Ireland dimension, see the powers and
responsibilities of the British-Irish intergovernmental conference. |
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