Major progress towards the establishment of the Independent Monitoring Commission. was announced on Sept. 4 by Paul Murphy, secretary of state for Northern Ireland. The move is a key part of the package of proposals published by the British and Irish governments on May 1 to bring about the restoration of devolved government and the full implementation of the Belfast Agreement.

The British and Irish governments published the International Agreement establishing the Commission. The Agreement sets out in detail the role and functions of the Commission and how it will operate. It will be formally ratified by the two governments later in the autumn.

The British government has also announced that legislation will be introduced in Parliament next week to amend the Northern Ireland Act 1998 in line with the Agreement on Monitoring and Compliance published on May 1.

The Secretary of State said, "Both we and the Irish government have been clear that we would press ahead as far as we could with implementing our proposals for rebuilding the trust and confidence necessary for the restoration of stable and inclusive devolved government in Northern Ireland.

"The swift establishment of the Independent Monitoring Commission is a key element of this package. I believe that it will play a valuable role in helping to provide assurance that the necessary moves towards a genuinely peaceful and democratic society with stable devolved government that we want to see are real and permanent.

"The International Agreement we are publishing today makes clear what the functions of the Commission will be and how it will be expected to go about its work. We hope to formally ratify it and to pass the necessary legislation at Westminster as soon as possible.

"Where matters referred to the Commission relate to the operation of the institutional arrangements under Strand One of the Belfast Agreement they will be considered only by those members appointed by the British government".

"The names of the four Commissioners have also been announced. They are John Grieve, formerly a senior officer in the Metropolitan Police; Lord Alderdice, the first Presiding Officer of the Northern Ireland Assembly; Joseph Brosnan, former Secretary General of the Department of Justice in Ireland; and Richard Kerr, a former Deputy Director of Central Intelligence in the United States.

"I am delighted that we have secured the services of four such high-caliber individuals to serve as Commissioners."

The establishment of the Independent Monitoring Commission is part of the package of proposals published by the British and Irish governments on May 1 aimed at rebuilding trust and confidence and the full implementation of the Belfast Agreement. The two governments agreed at the BIIGC on July 2 to press ahead with those elements of the proposals not dependent on acts of completion by paramilitaries.

The Commission will have three functions:
 

• monitoring and reporting on the incidence of alleged paramilitary activity;
• at its discretion, investigating claims by Northern Ireland Assembly parties that individual Ministers or Assembly parties are in breach of their commitments under the pledge of office in the Belfast Agreement; 
• reporting on the progress of any formal program of security normalization undertaken by the British government in the context of acts of completion by paramilitaries.

In respect of allegations concerning paramilitary activity or breaches of the pledge of office, the Commission will have the discretion to make recommendations about what measures Assembly parties might consider taking against individual ministers or parties if they consider such action justified.

The Commission will be formally established by an International Agreement between the British and Irish governments. This will allow it to function in both jurisdictions with the necessary support and assistance from the two governments. British and Irish domestic legislation will also be necessary in order to place the Commission on an appropriate statutory footing in both jurisdictions. The draft International Agreement published today has been agreed in substance between the two governments. It will be formally signed and ratified in the Autumn in line with British and Irish procedures.

The International Agreement sets out the Commission's duties and responsibilities in respect each of its three roles. In doing so it makes clear that insofar as a complaint relates to the operation of the institutions under Strand One of the Belfast Agreement, only the members of the Commission appointed by the British government will consider the matter. The International Agreement also contains provisions relating to immunities, funding, protection of information and the publication of reports.

The government will introduce a bill relating to the Monitoring Commission on Monday Sept. 8. The bill will seek to amend the 1998 Northern Ireland Act in line with the Agreement on Monitoring and Compliance published by the governments on May 1 to provide the necessary powers for the Northern Ireland Assembly and the British government to respond to the Commission's recommendations. It will also contain provision relating to arrangements for funding the Commission; the conferral of immunities; and the treatment of information.

The Commission will be formally established when the International Agreement is ratified by the British and Irish governments, but is expected to meet to plan its work in the course of September.

The Commission and its members will be independent. The two United Kingdom members have been appointed by the British government. The Irish member has been appointed by the Irish government. The fourth member, from the United States, is appointed jointly by the British and Irish governments.

John Grieve retired from the Metropolitan Police in 2002 having most recently been Director of the Racial and Violent Crime Task Force. Prior to that he led the Metropolitan Police Service Intelligence Project and the Anti-Terrorist Squad as National Co-ordinator. Lord Alderdice was leader of the Alliance party from 1987 to 1998 and was appointed to the House of Lords in 1996.

In 1998 he was elected to the Northern Ireland Assembly and appointed Speaker. Joseph Brosnan retired in 2002 as Director General, Institute of European Affairs. Prior to that he held the post of Secretary, Department of Justice. Richard Kerr was Deputy Director of Central Intelligence in the United States from 1989 to 1992.

Full details of the Commission's role can be found on 
http://www.britainusa.com/nireland/xq/asp/SarticleType.
21/Article_ID.779/qx/articles_show.htm

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TEXT OF AGREEMENT ESTABLISHING COMMISSION 09/04/03 11:09 EST

This is the draft Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland establishing the Independent Monitoring Commission:

(courtesy of the Irish American Information Service)

 +++++++++++++++++++++++++++++++++++++++++++++++++

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland:

Recalling the agreement reached in multi-party negotiations (herein referred to as the multi-party agreement) and annexed to the agreement signed by both Governments on 10 April 1998 (the agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland done at Belfast on 10 April 1998);

Reiterating their shared commitment to the transition to a peaceful society in Northern Ireland and the establishment of the institutions of the multi-party agreement on a stable and inclusive basis;

Having decided, recalling the text of the Agreement on Monitoring and Compliance published by the two Governments on 1 May 2003, to establish an independent body to monitor certain matters and to advise the two Governments, with a view to building the necessary trust and confidence among the Northern Ireland parties;

Have agreed as follows:

Article One: 
The Independent Monitoring Commission (hereafter referred to as "the Commission") is hereby established by the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland (hereafter "the two Governments") in accordance with this Agreement.

Article Two: 
(1) The Commission shall be independent in the performance of its functions.

(2) The Commission shall have the legal capacity of a body corporate.

Article Three: 
The objective of the Commission is to carry out the functions as described in Articles Four, Five, Six and Seven of this Agreement with a view to promoting the transition to a peaceful society and stable and inclusive devolved Government in Northern Ireland.

Article Four: 
In relation to the remaining threat from paramilitary groups, the Commission shall: (a) monitor any continuing activity by paramilitary groups including: (i) attacks on the security forces, murders, sectarian attacks, involvement in riots, and other criminal offences; (ii) training, targeting, intelligence gathering, acquisition or development of arms or weapons and other preparations for terrorist campaigns; (iii) punishment beatings and attacks and exiling;

(b) assess: (i) whether the leaderships of such organisations are directing such incidents or seeking to prevent them; and (ii) trends in security incidents.

(c) report its findings in respect of paragraphs (a) and (b) of this Article to the two Governments at six-monthly intervals; and, at the joint request of the two Governments, or if the Commission sees fit to do so, produce further reports on paramilitary activity on an ad hoc basis.

Article Five: 
(1) In relation to a commitment by the British Government to a package of security normalisation measures, the Commission shall:

(a) monitor whether commitments made are being fully implemented within the agreed timescales, in the light of its assessment of the paramilitary threat and the British Government's obligation to ensure the safety and security of the community as a whole.

The activities it shall monitor in this regard shall include: (i) demolition of towers and observation posts in Northern Ireland; (ii) withdrawal of troops from police stations in Northern Ireland; (iii) closure and dismantling of military bases and installations in Northern Ireland; (iv) troop deployments and withdrawals from Northern Ireland and levels of British Army helicopter use; (v) the repeal of counter-terrorist legislation particular to Northern Ireland;

(b) report its findings in respect of paragraph (a) of this
Article to the two Governments at six-monthly intervals.

(2) The Commission shall, at the request of the British Government, prepare a report giving an account of security normalisation activity undertaken by the British Government over a specified period. The period to be covered by such a report, and the activities it shall monitor in this regard, shall be notified to the Commission by the British Government.

Article Six: 
(1) The Commission may consider a claim by any party represented in the Northern Ireland Assembly:

(a) that a Minister, or another party in the Assembly, is not committed to non-violence and exclusively peaceful and democratic means; or

(b) that a Minister has failed to observe any other terms of the pledge of office; or that a party is not committed to such of its members as are or might become Ministers observing the other terms of the pledge of office.

(2) Insofar as a claim under paragraph 1(b) relates to the operation of the institutional arrangements under Strand One of the multi-party Agreement, the claim shall be considered only by those members of the Commission appointed by the British Government under Article 10(1)(a) of this Agreement.

(3) The Commission members appointed under Article 10(1)(a) of this Agreement shall report their findings in respect of any claim falling within paragraph (2) of this Article solely to the British Government. The Commission shall report its findings on any other claim under this Article to the two Governments.

(4) In this Article -

(a) references to the pledge of office are to the pledge of office set out in Annex A to Strand One of the multi-party agreement;

(b) references to a Minister are to the First Minister, the Deputy First Minister, a Minister or a junior Minister in the devolved administration in Northern Ireland.

Article Seven: 
When reporting under Articles Four or Six of this Agreement, the Commission, or in the case of Article Six (2), the relevant members thereof shall recommend any remedial action considered necessary. The Commission may also recommend what measures, if any, it considers might appropriately be taken by the Northern Ireland Assembly, such measures being limited to those which the Northern Ireland Assembly has power to take under relevant United Kingdom legislation.

Article Eight: 
In preparing its reports and making recommendations as described in Article Seven of this Agreement, the Commission shall be accessible to all interested parties and shall consult as necessary on the issues mentioned in Articles 4 to 6 of this Agreement.

Article Nine: 
Where the Commission reports to either or both of the two Governments under Articles Four, Five and Six of this Agreement, the Government or Governments to whom the report is submitted shall take steps to make those reports public.

Article Ten: 
(1) The Commission shall consist of four members, who shall be appointed as follows:

(a) two members, one of whom shall be from Northern Ireland, shall be appointed by the Government of the United Kingdom of Great Britain and Northern Ireland;

(b) one member shall be appointed by the Government of Ireland;

(c) one member appointed jointly by the two Governments, who shall be a nominee of the Government of the United States of America.

(2) The members of the Commission shall serve on terms and conditions decided by the two Governments.

Article Eleven: 
The Commission, its staff, property and premises, and any agents of persons carrying out work for or giving advice to the Commission shall have such privileges, immunities and inviolabilities as may be conferred or provided for in accordance with the relevant legislation of Ireland and of the United Kingdom.

Article Twelve: 
Such monies, premises, facilities and services as may be necessary for the proper functioning of the Commission shall be provided by the two Governments on a basis to be determined by them.

Article Thirteen:
(1) Members of the Commission, staff of the Commission, persons carrying out work for or giving advice to the Commission and agents of the Commission shall
be bound not to disclose any information obtained in the course of the performance of their functions as such members or persons unless such disclosure is authorised by or on behalf of the Commission.

(2) The Commission shall not do anything in carrying out its functions which might -

i. prejudice the national security interests of the United Kingdom or of Ireland;

ii. put at risk the safety or life of any person;

iii. have a prejudicial effect on any proceedings which have, or are likely to be, commenced in a court of law.

Article Fourteen: 
The Commission shall keep proper accounts and proper records of all moneys received or expended by it and shall, at the joint request of the two Governments, appoint auditors who shall audit the accounts of the Commission. The reports of the auditors shall be submitted to both Governments.

Article Fifteen: 
(1) This Agreement shall enter into force on the date on which the two Governments exchange notifications of their acceptance of it;

(2) The obligation imposed on the Commission in Article Five (1) of this Agreement to monitor and report on any programme of security normalisation undertaken by the British Government shall commence from the date on which the British Government formally notifies the Government of Ireland and the Commission of the commencement of such a programme. Such notification shall be given once the British Government, after consulting the Irish Government, is satisfied with commitments that have been given on an end to paramilitary activity.

(3) Once notification as set out in paragraph (2) of this Article is given by the British Government, Article Five (2) of this Agreement shall cease to have effect.

Article Sixteen: 
The Agreement shall continue in force until terminated by mutual agreement and thereafter shall cease to have effect save in so far as and to the extent necessary for meeting any liabilities or disposing in an orderly manner of any remaining assets of the Commission in accordance with the spirit of the Agreement.

In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.