The character of the 1998 Agreement results and prospects
by Brendan O'Leary
The Agreement also linked Ireland, North and South, to another confederation, the European Union. It required the Council to consider the implementation of EU policies and programmes as well as proposals under way at the EU and made provisions for the Council's views to be 'taken into account' at relevant EU meetings.
The signatories to the Agreement promised to work 'in good faith' to bring the NSMC into being. There was not sufficient good faith to prevent the first material break in the timetable scheduled in the Agreement, but the signatories were required to use 'best endeavours' to reach agreement and to make 'determined efforts' - language that echoed that used in the Anglo Irish agreement of 1985 - to overcome disagreements in the functions where there is a 'mutual cross border and all-island benefit. 29
Several economic and sociological developments might underpin the new confederalism. As the Republic's 'Celtic Tiger' continues to expand, Northern Ireland's ministers and citizens of whatever background, should see increasing benefits from North-South co-operation. And if the European Union continues to integrate, there will be pressure for both parts of Ireland to enhance their co-operation, given their shared peripheral geographical position, and similar interests in functional activities such as agriculture and tourism, and in having regions defined in ways that attract funds. 30 Northern Ireland may even come to think that it would benefit from membership of EMU
28 The Agreement did not consider what would happen if one government unilaterally suspended its set of institutions - because neither government expected that to occur
29. The possibility of a Unionist minister refusing to serve on the Council appeared very grave. However, this seemed to be ruled out in practice: participation in the North-South Council was made an 'essential' responsibility attaching to 'relevant' pots in the two administrations - 'relevant' means, presumably, any portfolio a part of which is subject to North-South co-operation. This left open the possibility that a politician opposed to the North-South Council might take a seat on it with a view to wrecking it. But Ministers were required to establish the North-South Institutions in 'good faith' and to use 'best endeavours' to reach agreement. Since these requirements were presumably subject to judicial review it is unlikely that potential wreckers would have been able to sustain a negative role in the North-South Council for very long.
30. Tannam, E Cross-Border Co-Operation in the Republic of Ireland and Northern
Ireland (Basingstoke: Macmillan 1999) |
