[Editor's Note: We do not have the final version of this report. We have reconstructed the version below based on a handwritten draft and other documents preserved in the John Alderdice Collection.]

DRAFT COMMITTEE PROGRESS REPORT ON AGENDA ITEM 6: "FUNDAMENTAL ASPECTS OF THE PROBLEM: UNDERLYING REALITIES; IDENTITY; ALLEGIANCE; CONSITITUTIONAL"

At its meeting on 2 September, Plenary agreed to constitute a committee to consider and report on issues arising under Agenda Item 6 in order to facilitate consideration of the common desire of the people of the island of Ireland for a new relationship, of the obstacles in the path of satisfying that desire and of the ways in which those obstacles might be overcome. It was agreed that the committee should comprise four members from each delegation.

The committee was instructed by Plenary to consider Agenda Item 6 in the light of the papers prepared on that item (which had been circulated on 28 August) and any other relevant papers tabled or statements made in the course of the talks and report progress to a Plenary meeting on the afternoon of Thursday, 10 September. This report has been prepared in response to Plenary's request.

The committee began its deliberations on the afternoon of 2 September by considering procedural matters. It was agreed that speaking rights would be accorded to two delegates per delegation, that no record would be taken of the committee's proceedings and that committee reports would be prepared by a small drafting group consisting of one nominee per delegation. Subsequent meetings were held on 3, 9 and 10 September.

The committee quickly established that there was a common desire among all parties for a new relationship, but that there were numerous obstacles in the path of satisfying that desire. The parties tabled papers identifying the obstacles as they saw them [(copies at Annex A])?.

The committee did not reach unanimous agreement on the order in which these obstacles should be considered, together with ways in which they might be overcome. The UDUP delegation dissented from the chairman's format, which was, on a show of hands, accepted by the other delegations, that the obstacles be considered under four general headings which are set out at Annex B, and the UDUP formally recorded their opposition to the proposed order of business on the basis that it failed to accord priority to the issue of the "territorial claim". The leader and deputy leader of the UDUP delegation withdrew from the committee and indicated they would not return until this issue came to be addressed. They indicated that two non-negotiating members of their delegation would remain. The committee subsequently reaffirmed its commitment to the principle of cooperation.

The committee completed initial consideration of item 1 on the attached agenda. It began its discussions by debating some of the general principles which might underlie any arrangements made to remedy the perceived lack of adequate channels of communication and co-operation between the two parts of Ireland. Some draft principles (Annex C) are offered for consideration by Plenary, the list is not exhaustive.

There was agreement on the need for structured arrangements to facilitate the desired north-south communication and cooperation. The committee noted that the form institutional arrangements might take would be discussed in detail under Agenda Item 9 ("Possible institutional arrangements to meet the requirements (including principles to govern such arrangements)").

[discussion on agenda item 2?]

The Committee has not fully discharged its remit and recommends that Plenary:

a. authorise the Committee to continue its work within the terms agreed on 2 September;

b. request a further report to be made to a Plenary meeting to be held in Dublin, commencing at 11.30 am on Monday, 21 September

[Annex A]

[SDLP]

1. Unionist wish to have Northern Ireland recognised as a natural democratic entity and consequences of that.

2. Unionist failure in real terms to recognise the nationalist identity. In addition they confuse traditions and jurisdictions. They are not co-terminous. No recognition of nationalist tradition's all Ireland frame of reference.

3. The absence of allegiance to institutions of state by sections of the community – an absence which creates particular problems in the fields of justice and order.

[DUP]

FUNDAMENTAL OBSTACLES

While there are a number of obstacles in the way of developing proper relations between Northern Ireland and the Irish Republic we have been asked under Agenda Item 6 to deal with fundamental aspects of the problem. We see the fundamental obstacles which are not necessarily listed in order of priority:–

1. The present claim by the Irish Republic over Northern Ireland.

2. The inclusion of Northern Ireland by the Irish Republic as part of the "national territory".

3. The claim that the Irish Republic has the right to exercise jurisdiction over and in Northern Ireland.

The achievement of these claims is described by the Supreme Court of the Irish Republic as a "Constitutional Imperative".

4. The failure to recognise the existence of such an entity as "the people of Northern Ireland".

5. The claim that "the people of Northern Ireland" are part of "the Irish nation".

6. The denial to "the people of Northern Ireland" of their right to self-determination.

7. The refusal to recognise that Northern Ireland is in law part of the United Kingdom of Great Britain and Northern Ireland.

8. The undemocratic and unconstitutional nature and existence of the Anglo/Irish Agreement.

9. The absence of effective security/extradition co-operation on the part of the Irish Republic.

[Alliance]

1. Articles 2 & 3 and implications thereof.

2. Fear, mistrust and suspicion between the communities within Northern Ireland and between the two parts of Ireland.

3. The perceived necessity for continued involvement of the Irish Government in the internal affairs of Northern Ireland.

4. Lack of accommodation of Nationalist identity in proposed structures in Northern Ireland.

5. The lack of structures for meaningful co-operation on Social and Economic issues between North and South.

6. Lack of confidence by many Nationalists in the Institutions of State.

7. The need for ratification by the two Governments of Common Themes, Principles and Code of Practice.

8. Terrorism by both Republican and Loyalist Paramilitaries.

[British Government?]

1. The Territorial claim (Articles 2 and 3). Unambiguous consensus on constitutional issues.

2. The absence of institutional structures for contact and co-operation between the two parts of Ireland. (Kernel of Strand II).

3. The need to ensure that the outcome of the talks, taken as a whole – internal arrangements for the government of Northern Ireland, a new North/South relationship, future relations between the two Governments – give appropriate expression to the identities of both main traditions, on a basis of parity of esteem.

[Irish Government]

1. The fundamental obstacle is continuing disagreement, rooted in the history of Anglo-Irish relations, between the nationalist and unionist traditions in the island of Ireland on what the relationship between them should be.

2. This division is reflected within Northern Ireland, which is deeply polarised between two communities with different identities and allegiances.

3. The attempted settlement of the Government of Ireland Act did not resolve the problem. By creating an area specially dedicated to a unionist majority, it denied the Nationalist aspiration. It cut Northern nationalists off from the rest of Ireland and condemned them to permanent minority status in a state which largely denied their ethos and many of their rights.

4. The resulting violence and instability has been very costly in human and material terms both within Northern Ireland and in the rest of Ireland.

5. There is an absence of agreement on political institutions either within Northern Ireland or between North and South. Arrangements must be found, which both traditions can support, and which will give the nationalist community, as well as the unionist community, satisfactory, secure and durable political, administrative and symbolic expression and protection for their aspirations and identities

6. These institutions should be based on full respect for the fundamental rights of members of both traditions. They must enshrine equal respect for the legitimacy, ethos and aspirations of both.

7. They should also remove barriers and provide for close cooperation and the development of political agreement between both parts of Ireland. They should give practical expression to the aspirations of the nationalist community in both parts of Ireland and to the totality of relationships involved.

[UUP]

(a) Lack of trust ... largely due to an absence of any normal channels of communication

(b) Articles 2 & 3 of the Irish Republic's constitution ... the territorial claim.

(c) The perceived dominant influence of the Roman Catholic church in Irish State affairs ... church/state relations.

(d) The de facto repudiation of the 1925 (Confirmation of Agreement) Act.

(e) Predisposition of the Irish Republic to use ambiguous language ... eg. Article 1 of the Anglo-Irish Agreement.

(f) Terrorism and the Rule of law ... perceived attitudes to traditional terror organisations.

(g) Perceived ambivalence of the Irish Republic in relation to international agreements.

(h) The hi-jacking of elements of the Irish Cultural Identity by terrorist organisations ... and, indeed the Irish State.

(i) Expressed lack of willingness by influential SDLP leaders to identify, even on a de facto basis, with Northern Ireland as a political entity.

(j) Inability of the Irish Government to sign any agreement reached at this table, due to constraints of the Irish Republic's Constitution.

[Annex B]

1. Lack of adequate channels of communication and co-operation.

2. Terrorism and co-operation on security matters.

3. The issue of identity in Northern Ireland and the consequent problems of allegiance.

4. Constitutional matters requiring consideration both consequent upon the foregoing and generally.

[Annex C]

POSSIBLE PRINCIPLES ON WHICH TO BASE INSTITUTIONAL ARRANGEMENTS FOR ENHANCED COMMUNICATION AND CO-OPERATION BETWEEN NORTH AND SOUTH

Channels of communication and co-operation between North and South should be:

– such as to reconcile and acknowledge the rights of the two major traditions in Ireland represented on the one hand by those who wish Northern Ireland to remain as an integral part of the United Kingdom and on the other hand by those who aspire to a sovereign united Ireland achieved by peaceful means and through agreement

– such as to encourage, promote and develop improved relations and better understanding within Northern Ireland and between Northern Ireland and the Republic of Ireland

– conducive to a new spirit of cordial co-operation and friendship among the people of the island of Ireland, bringing a united effort for the common good

– legitimate in the sense of respecting all the democratic rights of the people of Northern Ireland and the people of the Republic of Ireland

– legitimate in the sense of respecting the validity of both the nationalist and unionist identities in Ireland and the democratic rights of every citizen on the island

– geared to the development of governmental arrangements that are widely acceptable and aimed at protecting and enhancing the interests of the people of the island of Ireland

– widely acceptable in both parts of the island of Ireland

– stable and durable

– constructive and meaningful

– capable of development, on an agreed basis, in response to changing political realities

– workable, in the sense of being as straightforward to operate as possible

– designed to provide a two-way channel of communication which would enable issues of mutual benefit or of concern to either party to the relationship to be addressed

– able to provide a basis for consultation with a view to advancing co-operation for the mutual benefit of the parties concerned

– innovative, in the sense of learning from and not merely modelled on any previous arrangements

– conducive to optimising the benefits from the EC framework, and its programmes, for the two parts of the island of Ireland, consistent with the role and responsibilities of the UK and the Republic of Ireland as separate member states

• Committee Progress Report on Agenda Item 6 (10-09-1992) (introduced on 1992-09-10 10:30:00 - CREATE - e949821) [This document] [view current proposal at this moment]
  • None (introduced on 1992-09-10 10:30:00 - REPORT_PROPOSAL - e949828) [view current proposal at this moment]