Republican News · Thursday 3 April 2003

Negotiating for democratic rights

Sinn Féin Chief Negotiator reports to ArdFheis

BY FERN LANE

Suspension is untenable. It has to go and we are confident that, as a result of our endeavours, it will go

On Sunday, Sinn Fein Chief Negotiator Martin McGuinnessí reported to the Ard Fheis on the current negotiations with the British government over the impasse on the Good Friday Agreement. He told delegates that he wanted to take the opportunity to outline the party's approach to these negotiations in order to give members a sense of where things stood at present. "I think it is important to say something of the context within which this particular phase of negotiations has arisen," he said.

"When the British government suspended the political institutions on 14 October, he said, they were "acting at the behest of the leadership of the Ulster Unionist Party and were in clear breach of the terms of the Good Friday Agreement. The UUP, if you remember, signalled as far back as March of last year their intention to bring about the collapse of the institutions.

"Later in October the British Prime Minister, Tony Blair, came to Belfast and admitted that his government had not fulfilled their obligations with respect to the Agreement. He went on to call on all parties to the Agreement to engage in what he described as 'acts of completion'."

In contrast, he continued, Sinn Féin's approach "has been the same approach we have brought to previous phases of negotiations - consistent and persistent. While others were attempting to reduce the focus on resolving the current difficulties to a single item agenda, we have been pressing both governments to produce a comprehensive implementation plan to address all the broad range of issues required to bring about the full implementation of the Agreement."

Some weeks after the suspension of the institutions, the governments finally convened all-party talks. In advance, Sinn Féin set out for all the parties its view on all the issues that needed to be addressed. These included: the political institutions and the democratic rights of all sections of the electorate, equality and human rights, victims of the conflict, Irish language issues, the use of flags and emblems for public purposes, the issue of arms, demilitarisation, policing and justice and the transfer of powers on policing and justice, and prisoners.

"Once it became clear that discussions would in fact deal with the broader range of issues rather than the single item agenda," explained Martin McGuinness, "the UUP withdrew from these discussions."

The current phase of negotiations began in early December last year. By 22 December, Sinn Féin had submitted a 57-page document to the two governments setting out the party's view on how these outstanding issues could be addressed.

Since January, when the current negotiations began to pick up pace, Sinn Féin had sought to achieve a plan for the full implementation of the Agreement and to counter any attempt to filter this implementation through a unionist prism.

"A particular irony in all of this," said Martin McGuinness, "is that while our approach is premised on inclusivity, equality and the democratic imperative, there are those whose sole focus has remained the exclusion of Sinn Féin from ministerial office, from government and from the political institutions.

But whilst this may be frustrating, he said, it should not be viewed as "indicative of a lack of progress". In fact, it should be seen as quite the opposite, as "the more progress we make the more intense will become the efforts of the opponents of change".

The political landscape of the North has changed forever. The degree of change that we can achieve is linked directly to our political strength

The suspension of the institutions - for the fourth occasion - by the British government has been central to the current crisis. But the party's negotiating team has "been resolute in our opposition to suspension since the British government arbitrarily took this power onto itself. However - and this is the politically important thing - it is untenable. It has to go and we are confident that, as a result of our endeavours, that it will go."

He also spoke on the issue of sanctions; like suspension, this has been introduced in breach terms of the Agreement. He wanted to make it clear, he said, that "Sinn F¥in will not be held responsible for any words or deeds other than our own.

"We demand for our electorate the same democratic rights as all other sections of the electorate. We reject all sanctions outside the terms of the Agreement."

Of the party's meetings with the UUP, he told the conference that "our objectives in these discussions are clear; republicans and nationalists need reassurance that the political institutions will not be faced with the same serial suspensions and crisis they have in the past.

"I cannot say that they have yet borne fruit other than the benefit of discussion and engagement in which there is an inherent political value. But we will persevere with that. We are a patient lot." Nevertheless, he said, progress has been made on policing on justice, on human rights, on equality, on the Irish language and on other issues.

He told the conference that, on the issue on policing, the party was building on the advances made in Weston Park 18 months ago. In respect of democratic accountability, additional commitments to new legislation and additional amendments had been secured, including;

- a requirement by the British Secretary of State to consult with the Ombudsman, the Human Rights Commission and the Equality Commission on the key areas of policing objectives;

- a requirement for the same consultation process in respect of Codes of Practice over which the British Secretary of State formally had a blank cheque; and

- a commitment that the Belfast sub-groups are placed on a par with the District Policing Partnerships.

Other equally important issues are also being addressed, he explained, including the demilitarisation of PSNI and the establishment of a human rights ethos within the force.

The negotiating team has also pressed the British on issues such as the Special Branch and plastic bullets. "We have made it clear that the Special Branch abuses which took place under the cover of the Walker procedures and the force within a force created and perpetuated by lengthy or indefinite tenure of Special Branch positions can be no part of a new beginning to policing" he said.

"The British government has also agreed in principle to the transfer of power on policing and justice from the British government to the Assembly and the all-Ireland Ministerial Council. What we are seeking now is that this is firmed up in terms of specific proposals and a defined time frame."

He also outlined in some detail the expectations of the party and the progress which has been made on the issue of criminal justice - including such matters as judicial appointments, the plight of the OTRs, additional powers for the Ombudsman - on demilitarisation and on human rights.

In regard to the latter, he said: "We expect an affirmation of the principle that there is no hierarchy of victims and, most importantly, action to support that; for instance, an end to the discrimination in the funding of victims support groups."

He called on the Oireachtas to implement the recommendations to provide representation in the Oireachtas for Irish citizens in the North through their elected representatives. "It is important that all Irish citizens are encouraged and enabled to play an active role in the democratic life of the nation. The Irish government, obviously, has the primary responsibility for achieving this democratic development and we call on the government to expedite the process to do this," he said.

But, for all of this, he said, he wanted to make it clear that "despite the claims by some that the negotiations are closed, there is no deal done. And let me be equally clear, our best endeavours and energies are directed at achieving a deal.

"We do not yet have an acceptable policing service or a representative criminal justice system. We certainly do not have equality. And no one is going to give it to us. This party will have to fight for this issue every day. It cannot be left to the negotiating team no matter what commitments are made.

"This issue of equality has to be the political and campaigning thrust of this party. In other words it is work for you. We do not have functioning political institutions or the demilitarisation that the GFA promised. But we intend to continue to be an engine for change in all these areas. It was particularly disappointing to hear the Irish government assert that there should be no more negotiations on these issues. Surely their role should be to defend Irish national rights and the rights of Irish citizens North and South rather than try to set limits or boundaries on forward progress.

"And Sinn Féin, in the context of the peace process, has entrenched our strategy of negotiations to achieve these ends. We will continue to negotiate, we will continue to fulfil our political mandate to deliver radical and progressive change.

"But negotiations and negotiating strategy cannot be seen in isolation. Everyone here has key role to play. Every Sinn Féin voter has a role to play. The political landscape of the North has changed forever. The degree of change that we can achieve is linked directly to our political strength. We have an obligation to reach out to unionists and others; we have a responsibility to use our mandate wisely in the interests of a lasting peace.

"Increased political strength will allow Sinn Féin to deliver further change in the interests of all of the people of this island. In the Assembly elections, as in previous elections across this island, we collectively, as a party, have the opportunity to increase our political and negotiating strength. That is the challenge we must address as we leave this Ard Fheis."