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26 JUN '96 15:12 TO DFA PAGE.002
COPY TO: {YE 26/6} PST PS~~S~~ ~~M~~R. P. TEAHON MR. S. DONLON MR. T DALTON
Summary of Proposed Amendments to the Draft Rules of Procedures: Side-by-Side Comparison with Text from the Ground Rules Document (April 1996)
N.B. This document incorporates those amendments proposed subsequent to the compilation of the initial Chairman's Text (Draft Procedural Guidelines (18 June 1996 Text))
Legend | |
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Proposed Additions<br>~~Proposed Deletions~~ | Elements of Ground Rules to be Retained (not necessarily word-for-word) |
British and Irish Government's Amendments | Corresponding Ground Rules Paragraphs |
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2. Negotiations will be organised so that issues are discussed in the following formats:\<br\>\<br\>- Plenary;\<br\>- Strand One;\<br\>- Strand Two;\<br\>- Strand Three; and\,\<br\>- a Business Committee. (3)\<br\>\<br\>Strand One will cover the relationships within Northern Ireland\, including the relationship between any new institutions there and the Westminster Parliament; Strand Two will cover relationships within the island of Ireland; and Strand Three will cover relationships between the British and Irish Governments. Negotiations on Strand One issues will involve the British Government and the political parties. Negotiations on Strand Three issues will be between the two Governments. Negotiations in all other formats will involve the British and Irish Governments and the political parties. | 1. The purpose of the negotiations will be to achieve a new beginning for relationships within Northern Ireland, within the island of Ireland and between the peoples of these islands, and to agree to new institutions and structures to take account of the totality of relationships.<br><br>2. The negotiations will\, therefore\, in a full and comprehensive fashion. address and seek to reach agreement on relationships and arrangements within Northern Ireland\, including the relationship between any new institutions there and the Westminster Parliament; within the whole island of Ireland; and between the two Governments, including their relationship with any new institutions in Northern Ireland.\<br>\<br>5. The negotiations will be structured so as to ensure that all issues will be addressed in a coherent and efficient manner in three interlocking strands, reflecting the three key relationships at issue, with appropriate distinctions as to participation and procedural arrangements. Strand One will cover relationships within Northern Ireland; Strand Two will cover relationships within the island of Ireland; and Strand Three will cover relationships between the British and Irish Governments.\<br>\<br>19. Negotiations on Strand One issues will involve the British Government and the\<br>political parties... \<br>20. Negotiations on Strand Two issues will involve both the British and Irish Governments\<br>and the political parties...\<br>21. Negotiations on Strand Three issues will be between the two Governments. However, with a view to providing a meaningful role for the political parties... (see amended para. 33) |
_Sequence of the Negotiations_\<br>\<br>10. Following the conclusion of the Opening Plenary, the appropriate Chairmen will convene meetings of the negotiations within the three strands and any committees or sub-committees ~~established~~ subject to co-ordination with the Business Committee. Negotiations in each strand will open on the same day and proceed in parallel. | 6. If appropriate\, committees and sub-committees nay be established by agreement\<br>\<br>18. Negotiations will address all three interlocking sets of relationships as a totality. Negotiations in each of the three interlocking strands will open on the same day and will proceed in parallel. However, unless otherwise agreed by the Business Committee, negotiating sessions is different strands, or within strands, will not be held simultaneously, to allow participants, if they so wish, the option of fielding the same negotiating team throughout the negotiations. |
_Business Committee_\<br>\<br>12A. The Business Committee will co-ordinate the progress and procedures of the negotiations. It will not deal with the substance of the negotiations but will address unresolved procedural issues. It may also determine the modalities for dealing with any issue which does not fall exclusively within any of the three strands. | 22. In addition to the plenary sessions of the negotiations\, some practical arrangements will be needed for liaison between the different elements of these complex negotiations. While the management of each strand is for its participants\, a Business Committee composed of representatives of the two Governments and of the political parties\, chaired by the independent Chairperson of Stand Two or\, otherwise\, by any person agreed by the participants\, will be established to coordinate the progress and the procedures of the negotiations. The Business Committee would not deal with the substance of the negotiations but would address unresolved procedural issues. It could also determine the modalities for dealing with any issue which does not fall exclusively within any of the three strands. |
13. The Business Committee shall establish and maintain an indicative calendar for the negotiations as a whole and within the various formats. The timing and duration of meetings in the various formats shall be determined by the relevant Chairman. having due regard to the views of the participants. in accordance with this calendar. However, unless otherwise agreed by the Business Committee, negotiating sessions in different formats, or within formats, will not be held simultaneously, to allow participants, if they so wish, the option of fielding the same negotiating team throughout the negotiations. | 18. Negotiations will address all three interlocking sets of relationships as a totality. Negotiations in each of the three interlocking strands will open on the same day and will proceed in parallel. However, unless otherwise agreed by the Business Committee, negotiating sessions in different strands, or within strands, will not be held simultaneously, to allow participants, if they so wish, the option of fielding the same negotiating team through the negotiations. |
_Conduct of the Proceedings_\<br>\<br>15. Participants will negotiate in the various formats, committees and sub-committees, on the basis of the comprehensive agenda for the negotiations as a whole, adopted by agreement in the Opening Plenary, as it relates to their area of competence. That agenda will include all the significant items which the individual participants consider relevant and which will, therefore, have to be addressed in the search for agreement. Participants may, by agreement, develop or refine it. | 14. The agenda for negotiations will be in accordance with this and therefore the opening plenary session will need to ensure that priority is given to these confidence building measures. The opening plenary session will also adopt\, and commit the participants to negotiate\, a comprehensive agenda which provides reassurance\, both in terms of addressing the report of the International Body and ensuring that a meaningful and inclusive process of negotiations is genuinely being offered. This agenda will include all the significant items which the various negotiating teams consider relevant and which will, therefore, have to be addressed in the search for agreement. The plenary session would also decide how to deal with any procedural issues which may require resolution in the negotiations. |
15A. All participants in the negotiations will take part in good faith, seriously address all aspects of the agreed agenda, and make every effort to reach a comprehensive agreement. They will maintain confidentiality on all aspects of the negotiations except where they may from time to time agree to publicity. | 16**. All participants in the negotiations will take part in good faith, seriously address all aspects of the agreed agenda, and make every effort to reach a comprehensive agreement. They will maintain confidentiality on all aspects of the negotiations except where they may from time to time agree to publicity.** |
15B. Strand One negotiations will take place in Castle Buildings, Belfast. Strand Two negotiations will take place in Belfast, Dublin and London, at times agreed by the Business Committee. The two Governments will determine where Strand Three meetings will take place. The Business Committee shall determine the venue of its own meetings. | 25. Strand One negotiations will take place in Castle Buildings, Belfast. Strand Two negotiations will take place in Belfast, Dublin and London, at times agreed by the Business Committee. The two Governments will determine where Strand Three meetings will take place. The Business Committee shall determine the venue of its own meetings. |
17A. Any participation in the format in question will be free to raise any aspect of the three relationships, including constitutional issues and any other matter which it considers relevant. No outcome is either pre-determined or excluded in advance or limited by anything other than the need for agreement. Participation in negotiations is without prejudice to any participant's commitment to the achievement by exclusively peaceful means of its preferred options. It is common ground that any agreement, if it is to command widespread support, will need to give adequate expression to the totality of all three relationships. | 3. Any participation in the format in question will be free to raise any aspect of the three relationships\, including constitutional issues and any other matter which it considers relevant. While no outcome is either pre-determined or excluded in advance\, and while participation in negotiations is without prejudice to any participant's commitment to the achievement by exclusively peaceful means of its preferred options\, it is common ground that any agreement\, if it is to command widespread support\, will need to give adequate expression to the totality of all three relationships. |
20A. Participating political parties may only be represented at formal meetings of the Plenary, or to discuss Strand One, Strand Two or Strand Three issues, by elected delegates. Such delegates may be supported in meetings by researchers or others who are not elected. The numbers of delegates and supporters participating in any one meeting shall be agreed by the Business Committee. | 10. There will be no limits on the overall size of the negotiating teams of the political parties and the two Governments.... However, for any one meeting, unless there is agreement otherwise, participants will generally be limited to teams of three, plus three in support (five in support in the case of the two Governments).\<br>\<br>11. The negotiating team of each political party will be designated by the party leader from among the elected representatives. These teams may be supported in meetings by researchers and others who are not elected. |
25. If\, after the participants have considered ant further proposals arising from one or more of the courses of action set out above\, there is no unanimity on a particular proposition, the Chairman may propose that negotiations proceed on the basis that the proposition has been approved by sufficient consensus, as define in paragraph 27. | |
28A. The negotiations will proceed on the principle that nothing will be finally agreed in any format until everything is agreed in the negotiations as a whole. Subject to this principles, it would nevertheless be possible, solely on the basis of consensus among the participants, to proceed on the assumption of contingent agreement on any individual aspect of the negotiations. | 21. ....The outcome of Stand Three will be considered by all participants alongside the outcome of the two other strands.\<br>\<br>23. The negotiations will proceed on the principle that nothing will be finally agreed in any format until everything is agreed in the negotiations as a whole. Subject to this principle, it would nevertheless be possible, solely on the basis of consensus among the participants, to proceed on the assumption of contingent agreement on any individual aspect of the negotiations. |
30. The British Government. as Chairman of Strand One\, will keep the Irish Government informed of the progress achieved in Strand One\, through liaison arrangements agreed between the two Governments following consultation with the participating political parties. | 19. Negotiations on Strand One issues will involve the British Government and the political parties:<br>- negotiations will take place on the basis of an agreed agenda and in appropriate formations as agreed by the participants;<br>- formal meetings will be chaired by the British Government operating procedural rules\, agreed by the participants;<br>- the Irish Government will be kept informed of the progress achieved in Strand One through liaison arrangements agreed between the two Governments following consultation with the parties. |
32. To this end\, the two Governments will convene regular meetings involving up to three members of the negotiating team of each political party. Such meetings will be co-chaired by the two Governments. ~~The two Governments will also meet negotiating teams at their request, either separately or together.~~ | 21. Negotiating on Strand Three issues will be between the two Governments. However\, with a view to providing a meaningful role for the political parties\, the two Governments will\, during the course of their negotiations:<br>- ensure regular meetings at which the political parties will be briefed and\, as appropriate\, consulted on progress in the negotiations\, and at which they would be able to put forward their views on Strand Three issues under discussions;<br>- meet the political parties at their request for further discussion of Strand Three issues. The outcome of Strand Three will be considered by all the participants alongside the outcome of the two strands. |
33. ~~It will be open to the parties to submit their own views, either orally or in writing, both on issues under discussion in Strand Three or on any other issue appropriate to Strand Three which the parties may wish to raise. Any response that may be given by the two Governments will be given jointly.~~ In addition, in relation to Strand Three issues, each party, acting independently or in conjunction with others, may, on its initiative or otherwise, confer with either or both Governments in order to consult on issues under discussion and advance its own views, orally or in writing. In response, each Government will explain its own views and take full account of those put to it by the parties. | 21. Negotiations on Strand Three issues will be between the two Governments. However\, with a view to providing a meaningful role for the political parties\, the two Governments will\, during the course of their negotiations:<br>-ensure regular meetings at which the political parties will be briefed and, as appropriate, consulted on progress in the negotiations, and at which they would be able to put forward their views on Strand Three issues under discussion;<br>- meet the political parties at their request for further discussion of Strand Three issues.<br>The outcome of Strand Three will be considered by all the participants alongside the outcome of the two strands. |
Social Democratic and Labour Party (SDLP) Amendment | Corresponding Ground Rules Paragraph |
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1. These rules of procedure are adopted for the substantive all-party negotiations and can only be amended by agreement\, in accordance with the decision-making process outlined in paragraphs 23 through 28. In the event of any conflict of interpretation arising between the following rules of procedure and the Ground Rules Document (Cm. 3232) the relevant Chairman shall take the Ground Rules Document to be the authoritative text. |
Ulster Democratic Unionist Party (DUP) & U.K. Unionist Party (UKU) Amendments | Corresponding Ground Rules Paragraphs |
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DU.1 The negotiations to which these rules of procedure refer and whose conduct they are intended to govern are those referred to in Clause 2(1) of the Northern Ireland (Entry to Negotiations etc.) Act 1996 (hereafter referred to as the "Act"). | |
Du.2 The teams of delegates participating in such negotiations shall be those who from time to time comply with the requirements of Clause 2(3) of the Act, as defined in paragraphs 8 and 9 of Command Paper 3232. | 8. Negotiations will involve the participation\, in the appropriate strands\, of representatives of both Governments and all those political parties operating in Northern Ireland... which achieve representation through an elective process and which\, as set out in the Communique of 28 February 1996\, establish a commitment to exclusively peaceful methods and which have shown that they abide by the democratic process.<br><br>9. In the Communique of 28 February\, both Governments expressed the hope that all political parties with an electoral mandate will be able to participate in all-party negotiations. However\, both Governments are also agreed that the resumption of Ministerial dialogue with Sinn Fein\, and their participation in negotiations\, requires the unequivocal restoration of the ceasefire of August 1994. |
DU.3 Command Paper 3232 save in so far as it identifies the negotiations to which these rules of procedure will apply (paragraph 1) and the requirements with which the respective negotiations teams must comply in order to participate (paragraphs 8 and 9) shall have no force or binding effect upon the negotiations nor shall it offer any limitations upon it as a body determining its own rules of procedure for the conduct of the negotiations and the extent of their subject matter. | 1. The purpose of the negotiations will be to achieve a new beginning for relationships within Northern Ireland\, within the island of Ireland and between the peoples of these islands\, and to agree to new institutions and structures to take account of the totality of relationships.<br><br>8. Negotiations will involve the participation\, in the appropriate strands of representatives of both Governments and all those political parties operating in Northern Ireland... which achieve representation through an elective process and which\, as set out in the Communique of 28 February 1996\, establish a commitment to exclusively peaceful methods and which have shown that they abide by the democratic process.<br><br>9. In the Communique of 28 February\, both Governments expressed the hope that all political parties with an electoral mandate will be able to participate in all-party negotiations. However\, both Governments are also agreed that the resumption of Ministerial dialogue with Sinn Fein\, and their participation in negotiations\, requires the unequivocal restoration of the ceasefire of August 1994. |
DU.4 The duties, functions and powers of any chairperson will be only such as are granted to him by these rules of procedure determined by the teams of delegates participating in the negotiations acting as a body in accordance with these rules of procedure only and any duties, functions or powers purported to be given to any chairperson by the papers dated 6 June 1996 (Scenario for the Opening Plenary, Procedural Guidelines for the Conduct of All Party Negotiations and Draft Agenda for Substantive All Party Talks), or in any other documents shall be of no force or effect save in so far as any of them may be incorporated into these rules of procedure in accordance with such procedure for obtaining the necessary agreement of the parties for so doing. |
Ulster Democratic Unionist Party (DUP) Amendments (Retained from 19 June Text) | Corresponding Ground Rules Paragraph |
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DUP.21. For the duration of the process, Chairpersons will not be expected to make any public comment. However, should the needs arise they shall obtain the approval of the heads of participating Delegations before doing so. | 16. All participants in the negotiations will take part in good faith\, seriously address all aspects of the agreed agenda\, and make every effort to reach a comprehensive agreement. They will maintain confidentiality on all aspects of the negotiations except where they may from time to time agree to publicity. |
DUP.22. The role and function of the Independent Chairpersons shall not extend beyond that set out in these rules of procedure. |
Ulster unionist Party (UUP) Amendments | Corresponding Ground Rules Paragraph |
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UU.1 The procedures and substance of the negotiations will be exclusively a matter for those involved. No outcome from this process can either be predetermined or excluded and the only limitation placed upon it will be the mechanisms for agreement arrived at in accordance with paragraphs 23 to 28. | 7. The conduct of the negotiations will be exclusively a matter for those involved in the negotiations. Any reference to, or interaction with, the forum to be convened following the elective process held to determine which parties will participate in the negotiations may take place solely by agreement among the negotiating teams to this effect and only at their formal instigation.<br><br>14. The agenda for negotiations will be in accordance with this and therefore the opening plenary session will need to ensure that priority is given to these confidence building measures. The opening plenary session will also adopt\, and commit the participants to negotiate\, a comprehensive agenda which provides reassurance\, both in terms of addressing the report of the International Body and ensuring that a meaningful and inclusive process of negotiations is genuinely being offered. This agenda will include all the significant items which the various negotiating teams consider relevant and which will, therefore, have to be addressed in the search for agreement. The plenary session would also decide how to deal with any procedural issues which may require resolution in the negotiations. |
UU. 2 The duties, functions and powers of the chairmen will be such as are determined by the participants. | |
UUP Amendments Retained from 19 June Text | |
GR.10. There will be no limit on the overall size of the negotiating teams of the political parties and the two Governments... However, for any one meeting, unless there is agreement otherwise, participation will generally be limited to teams of three, plus three in support (five in support in the case of the two Governments). | 10. There will be no limit on the overall size of the negotiating teams of the political parties and the two Governments.... However for any one meeting, unless there is agreement otherwise, participation will generally be limited to teams of three, plus three in support (five in support in the case of the two Governments). |
GR.11. The negotiating team of each political party will be designated by the party leader from among the elected representatives. Those teams may be supported in meetings by researchers and others who are not elected. | 11. The negotiating team of each political party will be designated by the party leader from among the elected representatives. Those teams may be supported in meetings by researchers and others who are not elected. |
GR.17. If, during the negotiations, any party demonstrably dishonoured its commitment to the principles of democracy and non-violence set out in the report of the International Body by, for example, resorting to force or threatening to use force to influence the course of the outcome of the negotiations, or failing to oppose the efforts of others to do so, it would no longer be entitled to participate in the negotiations. | 17. If, during the negotiations, any party demonstrably dishonoured its commitment to the principles of democracy and non-violence set out in the report of the International Body by, for example, resorting to force or threatening to use force to influence the course of the outcome of the negotiations, or failing to oppose the efforts of others to do so, it would no longer be entitled to participate in the negotiations. |
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This document contains a side-by-side comparison of the proposed amendments to the draft rules of procedure and the text from the ground rules paper.
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The National Archives of Ireland have kindly granted the Quill Project interim permission to publish our research scans, despite not meeting their usual reproduction standards. This agreement does not cover any re-publication or manipulation of these images. Any enquiries about reproductions should be directed to the National Archives of Ireland.
We are making this document available online for the purposes of research and increasing public access to information about historical political processes. In deciding whether to publish it, we drew a distinction between documents written in a private capacity and those written by public figures acting in their capacity as political or community leaders. This document was produced by the Independent Chairmen and their staff in the course of their duties as members and facilitators of the multi-party negotiations.NAI, 2021/51/19, accessed via the Quill Project at https://www.quillproject.net/resource_collections/353/resource_item/28492.