$Unique_ID{bob00505} $Pretitle{} $Title{United Kingdom Northern Ireland} $Subtitle{} $Author{Embassy of the United Kingdom, Washington DC} $Affiliation{Embassy of the United Kingdom, Washington DC} $Subject{ireland northern government irish united kingdom agreement community employment roman} $Date{1990} $Log{} Title: United Kingdom Book: Northern Ireland Author: Embassy of the United Kingdom, Washington DC Affiliation: Embassy of the United Kingdom, Washington DC Date: 1990 Northern Ireland Introduction Northern Ireland is part of the United Kingdom (the formal name of which is the United Kingdom of Great Britain and Northern Ireland) and consists of six of the nine counties of the old Irish Province of Ulster. It has a population of some 1,567,000, of whom the majority are descendants of Scots or English settlers who crossed to the north-east of Ireland, mainly in the seventeenth century. As a result many are Protestants who have traditionally been committed to the maintenance of the union with Great Britain. The remainder - a little over a third - are Roman Catholic, many of whom are nationalist in political aspiration, favouring union with the Irish Republic. From 1921 until 1972 Northern Ireland had its own Parliament in which the Unionists, primarily representing the Protestant community, held a permanent majority and in consequence formed the regional Government (see p 5). Following the outbreak of street violence in 1969 and its subsequent intensification into a terrorist campaign, the United Kingdom Parliament assumed direct responsibility for administration and security and since 1972 (apart from a four-month period in 1974) Northern Ireland has been under 'direct rule' from London. Since that time successive governments have sought not only to restore peace and stability but have made a variety of attempts to establish an effective and representative form of devolved government that would have widespread support throughout the community. The Government's aim for the future political development of Northern Ireland continues to be the establishment of a system of devolved government which commands widespread acceptance. It recognises the need to involve the minority community in any such arrangements and, at the same time, firmly upholds the principle that there will be no change in Northern Ireland's constitutional status as part of the United Kingdom without the consent of a majority of people in Northern Ireland. The principle of consent is also affirmed by the Anglo-Irish Agreement which was signed between the Governments of the United Kingdom and the Irish Republic in November 1985 with the purpose of promoting peace and stability, helping to reconcile the two traditions in Ireland, creating a new climate of friendship between the two countries and improving co-operation, not least in combating terrorism. Origins In the twelfth century Henry II invaded Ireland and part of the country came under the control of Anglo-Norman barons. By the end of the thirteenth century there was an Irish Parliament but with increasingly scant allegiance to the King of England. In 1541 Henry VIII took the title `King of Ireland' and during the reign of Elizabeth I a series of campaigns was undertaken to subjugate Catholic Ireland in order to safeguard (by now predominantly Protestant) England's national security interests. Schemes were drawn up to settle the land and substantial numbers of Scots and English arrived in the 'plantation' of the northern province of Ulster. This was the main area of resistance and with its collapse early in the seventeenth century an attempt was made to consolidate control over Ireland. During the period of the English civil war and after (1642-52) further risings in Ireland were crushed by Cromwell who extended the colonisation by English and Scots settlers. The Catholic James II came to the throne in 1685 but was defeated at the Battle of the Boyne in 1690 by his successor the Protestant William of Orange. In 1782 the Irish Parliament was given legislative independence but Ireland continued to be constitutionally linked with Great Britain (England, Wales and Scotland) under the Crown. The Parliament represented, however, only the upper classes, mainly of settler origin, who owned most of the agricultural land, and the native Roman Catholic majority was excluded from it. Against the background of an abortive United Irishmen rebellion in 1798 (which was largely under Protestant leadership) and the prospect of intervention by France, Ireland became part of the United Kingdom under the Act of Union of 1800. In 1801 the Irish Parliament was abolished and the whole of Ireland was governed from London with Irish representation in both Houses of the United Kingdom Parliament. The nationalist demand for Irish independence continued during the nineteenth century, however, and by the end of the century there had emerged a well-organised movement for Irish Home Rule which sought devolved government by constitutional means. With Irish nationalists holding the balance of power, a Home Rule Bill was introduced in 1886 by the Liberal Government under Gladstone but failed, as did a second Bill introduced in 1893. In 1914 Home Rule was enacted, but, with the outbreak of the first world war and the threat of armed resistance by the Ulster Protestants, its implementation was suspended. A nationalist uprising in Dublin in the Easter of 1916 was suppressed but the volunteer force known as the Irish Republican Army continued to wage a guerrilla campaign against British administration to force its withdrawal from Ireland. Faced with mounting popular support for independence - in 1919 the Republican Sinn Fein party won 73 of the 105 Irish seats - the British Government decided to concede the demand for Home Rule but to a limited extent since it was strongly opposed by the Protestants in Ulster. The Government of Ireland Act 1920 provided for the establishment of two subordinate Parliaments in Northern and Southern Ireland with both parts remaining in the United Kingdom. The proposed arrangements, however, proved unacceptable to the South and in 1922, following the Anglo-Irish Treaty, the 26 counties of Southern Ireland became the Irish Free State, a self-governing state outside the United Kingdom; and subsequently, in 1949, the Irish Republic, a fully independent republic outside the Commonwealth. Civil Disturbances Although the 1920 Act was intended as a means of reconciling opposing political aspirations it was unacceptable not just to Southern nationalists but to a large number of the Roman Catholic minority in Northern Ireland. For 50 years after 1921 this constitutional question dominated Irish politics. The political parties of Northern Ireland themselves reflected the divided community. Protestants largely voting for Unionist parties and Roman Catholics for parties aspiring to Irish unity. Given the balance of population between Protestants and Roman Catholics the devolved Parliament of Northern Ireland was inevitably under the permanent control of the Unionists; and nationalists resented these arrangements. Although successive governments in Northern Ireland achieved substantial advances for the whole population in the social welfare and economic spheres, there emerged in 1967 an active and articulate civil rights movement which sought to bring an end to social injustices. At the beginning its main supporters were drawn from members of both sections of the community who supported the organisation's aims of change by non-violent means. Nevertheless, some Protestants saw the civil rights movement as a Republican threat and street demonstrations were increasingly marked by sectarian disturbances. Although there had always been a resident garrison in Northern Ireland (as there were others throughout the United Kingdom) additional units of the Army were transferred there at the request of the Northern Ireland Government in April 1969 and, when prolonged riots in Belfast and Londonderry in August that year proved too much for the local police to contain, the Army was used to aid the civil power. The Irish Republican Army (IRA) was initially weak and divided, but after the 1969 disturbances a group calling itself the 'Provisional' IRA broke away from what became the 'Official' IRA and embarked on a campaign of murder, bombing and violence with the aim of reuniting Ireland on its own terms. A further split in the 'Official' IRA in 1974 led to the emergence of the much smaller Irish National Liberation Army (INLA) which has also been responsible for particularly ruthless acts of terrorist violence and murder. The Provisional IRA derives its funds from a mixture of legal and illegal activities such as social clubs, taxi firms, fraud in the construction industry and intimidation; funds are also received from overseas, primarily from the Irish Northern Aid Committee - NORAID - in the United States, and a number of people connected with the organisation have been found guilty of offences related to smuggling arms to Northern Ireland. There is also clear evidence from arms seized in the Irish Republic and elsewhere that Libya has supplied weapons to the Provisional IRA. In retaliation against Provisional IRA and INLA terrorism, 'loyalist' militant groups, which also derive substantial funds from racketeering activity, came into being within the Protestant community. The Ulster Defence Association was formed from vigilante groups set up in 1971 and the extremist paramilitary Ulster Volunteer Force and the Ulster Freedom Fighters have engaged in bombings and killings against Roman Catholics. Some particularly serious terrorist crimes have been committed by 'loyalist' paramilitary groups who have also intimidated members of their own community. These acts of terrorism, from whatever source, have been condemned by political leaders, by churchmen of all faiths and by the great majority of the community at large. Those committing terrorist crimes, from whichever organisation, are equally liable to prosecution in the courts of law. Although the Army remained an essential part of the security forces, the police had, by 1977, resumed the primary role of maintaining order and the number of regular soldiers serving in Northern Ireland was progressively reduced to some 10,000 by the end of 1987. Support for the police is also given by the locally recruited Ulster Defence Regiment; of its total strength of 6,400, some 3,500 serve part-time. The security forces, increasingly in co-operation with those of the Irish Republic, have achieved a considerable measure of success in combating terrorist crime and the overall level of violence has fallen from the high levels of the early 1970s. The Government is determined to bring terrorism to an end by the impartial and effective enforcement of the law. Since 1969 a total of 2,709 people have died as a result of terrorism in Northern Ireland. These included 168 members of the Royal Ulster Constabulary (RUC), 89 members of the RUC Reserve, 410 members of the Army and 178 members of the Ulster Defence Regiment; 1,864 civilians have also died. The civilian deaths have included women and children; many of the injured have been left with severe permanent disabilities such as blindness, deafness or loss of limbs. From time to time attacks have been aimed at particular targets, such as members of the judiciary or prison officers, and, although more recently the Provisional IRA has claimed that its attacks were intended for the security forces, the bomb which exploded at Enniskillen on Remembrance Sunday in 1987 killed 11 civilians and appeared, from forensic evidence, to have been deliberately set to do so. Many of the deaths and injuries have been the result of bombs exploding in crowded places such as public houses, shops and trains and of bombs hidden in vehicles. Many others have been caused by sectarian shootings, frequently carried out in the victims' homes in front of wives and children and even in places of worship. Over 1,000 people, especially youths, have suffered injuries from 'punishment' shootings; these have often taken the form of 'knee-capping' - shooting in the back of the leg and shattering the knee-cap. Since 1973 there have been intermittent outbreaks of terrorist violence in Great Britain (and also on the European Continent) for which the Provisional IRA or the INLA have admitted responsibility. Terrorist acts have been chiefly in the form of letter bombs, car bombs and explosive devices hidden in public places, including public houses; since 1980, 26 people have been killed in such incidents in Great Britain. In 1988 four off-duty members of the armed forces were murdered in the Netherlands and Belgium by the Provisional IRA. Much of the violence in Northern Ireland has been confined to certain areas, in particular, parts of Belfast, Londonderry and the border areas in the south and, contrary to the impression that may have been received from the press and television on many occasions, by far the greater part of Northern Ireland has been relatively free of terrorism. The pictures in this pamphlet show some of the less publicised aspects of life in Northern Ireland. Reform Programme In response to the civil disorder which followed the civil rights campaign, the Northern Ireland Government initiated in 1969 a programme of far-reaching reform which met virtually all the demands of the civil rights movement. The programme included the reorganisation of the Royal Ulster Constabulary, the disbanding of the controversial Ulster Special Constabulary, and the establishment of a Police Authority representative of all sections of the community to administer the RUC and investigate complaints; the introduction of universal adult suffrage for local council elections and the reorganisation of local government; the setting up of a new housing authority and the introduction of a points scheme for the allocation of housing; and measures to prohibit discrimination in public employment (see p 9). Constitutional Developments Between 1921 and 1972 the Northern Ireland Government had full responsibility for local affairs except in such matters as defence and the armed forces, foreign and trade policies, and taxation and customs. In March 1972, with violence continuing, the United Kingdom Government decided to assume direct responsibility for law and order. This proved unacceptable to the Northern Ireland Government and it resigned. The Northern Ireland (Temporary Provisions) Act 1972 prorogued the Northern Ireland Parliament and gave the United Kingdom Parliament and Government the necessary powers to assume direct rule. Under the Act a Secretary of State was appointed with overall responsibility for the government of Northern Ireland. Since direct rule was introduced several attempts have been made to establish a locally elected administration which would be acceptable and enjoy the support of both sections of the community. In March 1973 a 'border' plebiscite was held in accordance with an undertaking given at the time of the introduction of direct rule. All citizens aged 18 or over were asked whether they wished Northern Ireland to remain part of the United Kingdom or to be joined with the Irish Republic. Over 600,000 voters out of a total electorate of just over 1 million went to the poll and, of these, nearly 592,000 voted to stay within the United Kingdom. Shortly after the border poll, proposals were published for a new devolved legislature and executive, and a 78-member Assembly was elected by proportional representation from which was appointed an executive on which both the majority and minority communities were represented. The proportional representation system of voting was introduced as an alternative to the usual simple majority system because it allows for the representation of sizeable minorities. However, many 'loyalists' opposed the new constitution and the agreement at a conference between the Governments of the United Kingdom and of the Irish Republic and the Northern Ireland Executive-designate in Sunningdale at the end of 1973 that a Council of Ireland should be established. Their opposition culminated the following year in a widespread strike which resulted in the resignation of the Northern Ireland Executive, the prorogation of the Assembly and a return to direct rule. The search for agreement continued and in May 1975 the Northern Ireland Constitutional Convention was elected to consider 'what provision for the government of Northern Ireland is likely to command the most widespread acceptance throughout the community there'. However, fundamental differences emerged between the Unionist parties and the nationalist Social Democratic and Labour Party. The Unionists' proposals endorsed by the majority as the Convention's final report failed to satisfy the United Kingdom Government's criteria for widespread acceptance and the Convention was dissolved in 1976. In 1978 a framework for a form of devolution to consolidate the common ground between the political parties was rejected. In 1980 a political conference proved abortive when it resulted in insufficient agreement to justify making proposals for setting up a devolved administration. Northern Ireland Assembly In 1982 the Government introduced a new initiative to provide a framework for a means of restoring devolved government. The Northern Ireland Act 1982 provided for the resumption of legislative and executive functions by an elected Northern Ireland Assembly if agreement could be reached on how these powers should be exercised. The proposed arrangements would have to command widespread acceptance throughout the community and be acceptable to the United Kingdom Parliament. In the meantime the Assembly was given monitoring, scrutinising and consultative functions intended to make direct rule more accountable to local needs and allow elected representatives to contribute to the day-to-day government of Northern Ireland. It commented upon a large quantity of draft legislation and initiated reports, for example, on education and industry. The 78-member Assembly was elected in October 1982 under the single transferable vote system of proportional representation. From the start neither the Social Democratic and Labour Party nor the Sinn Fein members took their seats. After the signing of the Anglo-Irish Agreement in November 1985 (see p 7) the Unionist parties - which held a majority of seats - suspended the Assembly's monitoring work as part of their protest at the Agreement. The Alliance Party (see p 15) withdrew from the Assembly in December in protest against this decision. In March 1986 the Assembly decided formally not to fulfil its statutory functions and in June 1986, after the refusal of the two main Unionist parties (which were the only parties still attending the Assembly) to discuss the situation, the Government came to the conclusion that it should be dissolved. The Government remains committed to the search for a form of devolved government in Northern Ireland acceptable to, and enjoying the support of, both sections of the community there and is continuing its efforts to achieve that end. Relations with the Irish Republic Successive United Kingdom Governments have believed that it is in the interests of both communities in Northern Ireland to strengthen the links that exist between Northern Ireland and the Irish Republic. Particular importance is attached to security co-operation between the authorities on both sides of the border and for many years there has been co-operation in energy, transport, communications, tourism, agriculture, fisheries and other cross-border economic developments. Financial aid has been given by the European Community for the joint development of certain border areas. In cultural matters and in youth affairs and sport there are many instances of co-operation between North and South. A variety of institutions and activities are organised on an all-Ireland basis - for example, the Roman Catholic Church, the Presbyterian Church of Ireland and the (Protestant) Church of Ireland. There is an Irish Council of Churches. Many sports are organised on an all-Ireland basis, for example, rugby union and Gaelic football; there is an Irish Trades Union Congress; and the Royal Irish Academy, the principal learned society, draws its members from North and South. A number of voluntary organisations are active in promoting greater understanding between Protestants and Roman Catholics. Co-operation North, for example, operates on both sides of the border, and the reconciliation centre Corrymeela in Northern Ireland has links with the Glencree Reconciliation Centre in the Republic. In talks in Dublin in December 1980 the British Prime Minister, Mrs Margaret Thatcher, and the Taoiseach (Irish Prime Minister, at that time Mr Charles Haughey) agreed on the need to bring forward policies and proposals to achieve 'peace, reconciliation and stability' and to improve relations between the two countries. To this end they commissioned joint studies on such issues as possible new institutional structures, citizenship rights, security matters, economic co-operation, and measures to encourage mutual understanding in general. At further talks between the Prime Minister and the Taoiseach (Dr Garret FitzGerald) in London in November 1981 it was agreed to establish an Anglo-Irish Intergovernmental Council to meet regularly at ministerial and official levels to discuss matters of common concern. The Intergovernmental Council machinery continues in being; it was within its framework that the Intergovernmental Conference, concerned with Northern Ireland and relations between the two parts of Ireland, was established in 1985 by the Anglo-Irish Agreement. The Anglo-Irish Agreement In order to develop further the close co-operation between the United Kingdom and the Irish Republic, their Prime Ministers, Mrs Margaret Thatcher and Dr Garret FitzGerald, signed the Anglo-Irish Agreement on 15 November 1985 at Hillsborough near Belfast. The Agreement represents a further development of the 'unique relationship' between the two countries and their peoples. It aims at promoting peace and stability in Northern Ireland; reconciling the two communities there; and improving co-operation in combating terrorism. The Agreement, which is binding in international law, affirms that any change in the status of Northern Ireland would come about only with the consent of a majority of its people and it recognises that at present a majority wish for no change. The Agreement also states that if in the future a majority in Northern Ireland should clearly wish for and formally consent to a united Ireland, both Governments would introduce and support legislation to bring that about. The Agreement established an Intergovernmental Conference to meet regularly at ministerial or official level through which the Irish Government can put forward views and proposals on, for example, political, security and legal matters in Northern Ireland, so long as they are not the responsibility of a devolved administration. There is provision for working together to improve co-operation in economic, social and cultural affairs and in measures directed against terrorism. The full Conference, chaired jointly by the Secretary of State for Northern Ireland and the Irish Minister for Foreign Affairs, has met 22 times. There has been intensive discussion on ensuring public confidence in the administration of justice; improving relations between the community and the security forces; the arrangements for complaints against the police; human rights; judicial procedures involving suspected terrorists; public order legislation; equality of opportunity in employment; the use of the Irish language; and conditions in West Belfast. The Agreement has also opened the way to intensified cross-border co-operation between the Royal Ulster Constabulary and the Irish Garda against terrorism. The Agreement expressed the intention of the two Governments to cooperate to promote economic and social development in those parts of Ireland that had suffered most severely from the instability of recent years and of the possibility of securing international support for this work. In the wake of this proposal the International Fund for Ireland was set up. While the Agreement was generally welcomed by the minority nationalist community it was opposed by many members of the Unionist majority. Their opposition continues and their representatives maintain that the Agreement infringes British sovereignty over Northern Ireland and that it is a step towards a united Ireland. The Government believes this opposition to be misguided and that the Agreement offers benefits to both communities without detracting from the rights of either. The International Fund for Ireland The International Fund for Ireland was set up in September 1986 with contributions from the United States, Canada and New Zealand. Allocations of some 54 million Pounds have been announced, divided into programmes covering investment companies and business enterprise, tourism, urban development, agriculture and fisheries, science and technology, and exchange and work experience schemes abroad. The area covered by the Fund includes the whole of Northern Ireland and six border counties in the Republic. Three-quarters of the Fund will be spent in the North. Projects so far approved for funding include an industrial complex in Londonderry, a professorship in information technology at the University of Ulster, overseas marketing training, and work experience schemes in France, the United States and Canada. Human Rights The United Kingdom Government is unequivocally committed to the protection and enhancement of human rights. Northern Ireland is part of the United Kingdom, and people there enjoy the same basic rights as other persons throughout the country. Successive governments have recognised that the particular problems of Northern Ireland require special measures and, since 1969, a number have been introduced to protect human rights and to prevent discrimination in both the public and private sectors. The Northern Ireland Constitution Act 1973 makes it unlawful for central and local government and statutory bodies to discriminate on grounds of religious belief or political opinion. The Act also set up the independent Standing Advisory Commission on Human Rights which advises the Government on the adequacy and effectiveness of the law in preventing discrimination on grounds of religious belief or political opinion and on a wide range of other human rights matters affecting Northern Ireland which are not covered by existing statutory bodies. The Fair Employment (Northern Ireland) Act 1976 prohibits discrimination in employment on grounds of religious or political belief (see below). Responsibility for the provision, allocation and management of all public sector housing rests with the Northern Ireland Housing Executive, a statutory body set up in 1971 to take over the housing functions of former local authorities and the Northern Ireland Housing Trust. It has been successful in removing the controversial issue of housing allocations from the political arena; all allocations are made under its selection scheme, which establishes objective housing need as the sole criterion in determining allocations. More generally, considerable progress has been made in Northern Ireland's housing conditions over the last 15 years. For example, during the past decade the level of unfit housing has been reduced from around 24 per cent to 12 per cent in the Belfast City Council's area. Free education is available to all, as is free choice. Voluntary schools, including those under Roman Catholic management, are substantially funded by the Government, and educational standards in Northern Ireland are among the highest in Britain. Hospital care and most other medical care is free to everyone and standards are high. The Sex Discrimination (Northern Ireland) Order 1976 makes it unlawful to discriminate on grounds of sex or marriage in employment or in the provision of goods, facilities and services. This Order established the Equal Opportunities Commission for Northern Ireland which keeps under review the operation of the Order, investigates unlawful discriminatory practices, and where necessary takes enforcement action, as has recently been the case with instances of sexual harassment. It has also highlighted weaknesses in United Kingdom sex discrimination legislation, which has required modification to comply with obligations under European Community law. Slightly amending legislation passed in 1971, the Public Order (Northern Ireland) Order 1987 prohibits the use of written matter or words likely or intended to provoke hatred based on religious belief, colour, race or ethnic or national origin against any section of the public. Under legislation passed in 1969, a Northern Ireland Parliamentary Commissioner for Administration and a Commissioner for Complaints deal with complaints by the public against maladministration, including discrimination by (respectively) central government and other public bodies, such as local authorities. In some of these cases, substantial compensation has been paid. There is also a system for investigating complaints against police officers (see p 15). Other measures to safeguard human rights have included the reintroduction of proportional representation, used for local government and Northern Ireland Assembly elections and for elections to the European Parliament, and the provision by law of regular and independent reviews of electoral units and boundaries. Fair Employment The Government is firmly committed to the elimination of discrimination in employment on grounds of religion or political opinion and to ensuring equality of opportunity for all in Northern Ireland. In 1976 the Fair Employment Agency was set up to enforce and promote equality of opportunity, to take action to enforce the law (see above) in this respect and to achieve remedies for unlawful discrimination. Progress has been made in recent years towards this goal, especially in the public sector. For example, overall Roman Catholic representation in the Northern Ireland Civil Service is now in line with the Roman Catholic percentage of the overall working age population, and five of the eight boards dealing with health, social services, education and libraries have Roman Catholic chief executives; there have also been significant increases in the proportion of Roman Catholics in, for instance, the Short Brothers' factories, the Northern Ireland Housing Executive and the Northern Ireland Fire Authority. However, the Government recognises that Roman Catholic disadvantages in employment still persist; independent studies have shown that the unemployment rate for male Roman Catholics considerably exceeds that for male Protestants. The Government is committed to tackling the problem and already a number of steps have been taken; in September 1987 a new Guide to Effective Practice setting out fair personnel procedures to be followed by employers was issued, and in the past year the staff and resources of the Fair Employment Agency have also been substantially increased. On 2 March 1988 the Secretary of State announced details of new proposals for legislation to strengthen fair employment law, administration, and practice in Northern Ireland. These include the formation of a new strengthened and restructured Fair Employment Commission which would replace the Agency while retaining its staff and expertise, and a new Fair Employment Tribunal to hear individual complaints of discrimination. All public sector employers and private sector employers with more than ten employees (initially more than 25) will be required to register with the Fair Employment Commission and to submit annual monitoring returns on the religious composition of their workforces; it will be a criminal offence to fail to do so. The Commission will be empowered to issue directions requiring employers to adopt remedial measures, which will ultimately be enforceable through the contempt jurisdiction of the High Court. Besides these criminal and civil sanctions, employers who fail to fulfil their obligations under the legislation will normally be excluded from government contracts and a range of government grants. A White Paper on the proposals (see p 26) was presented to Parliament in May 1988. The Government is determined to ensure that everyone in Northern Ireland has a fair chance of access to, and advancement in employment.