Govts' statement on Independent Monitoring Commission

--------------------------------------------------------------
The following draft Agreement was issued today by the British
and Irish governments in regard to the establishment of the
Independent Monitoring Commission.

The body is to monitor paramilitary and other activities on
behalf of the two governments and make appropriate
recommendations for sanctions to be taken by the Belfast
Assembly.

Sinn Fein has ruled out co-operation with the IMC, declaring
it to be impractical and outside the terms of the 1998 Good
Friday Agreement.
--------------------------------------------------------------


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.