TALKS: PAPER ON SUCCESSOR TO THE AGREEMENT

May I make one or two comments on Ms Lodge's paper on 15 June?

2. In para 13, the paper states that "human rights and the prevention of discrimination per se will principally be the concern of the Northern Ireland administration, and the Irish should have interest in such matters within the IGC only insofar as the Secretary of State retains any responsibility. I think this slightly mis-represents the possible situation. A Bill of Rights, if one proves possible in any form, will be a matter for the Westminster Parliament and therefore for the Secretary of State; and any Bill of Rights will bite more on those matters which are the responsibility of the Secretary (ie the police and emergency legislation) than on those which are the concern of the NI administration. Furthermore, the Secretary of State will retain some kind of over-arching responsibility for the new institutions in Northern Ireland. The formula of the last sentence in para 13 would therefore give the Irish a large entree into human rights matters. The following might be more accurate: "The Secretary of State and/on [sic] Westminster may retain some responsibility for human rights insofar as they are the guarantors of any Bill of Rights on other entrenched human rights provisions. At this level the Irish could certainly retain an interest. But particular anti-discrimination laws (eg Fair Employment) which were transferred should be the concern of the NI institutions".

3. Second, I notice little explicit mention of the European Community. Certainly, to judge from exchanges in the Sub-Committee, the SDLP see one future line of development as the expansion of all-Ireland EC schemes. For example, they would see as desirable the establishment of a common agricultural regime throughout the island of Ireland. Even the Unionists would accept that some co-operation between North and South on EC matters was legitimate. The SDLP may well argue that any Council of Ministers may be a forum for co-ordinating a line on EC matters between the Northern Ireland administration and the Republic in relation to transferred matters. This would be quite acceptable provided that it was well understood that the Northern Ireland administration could only be represented on the (EC) Council of Ministers by the UK. I would not propose an explicit mention of the EC here; but it may be that during discussions it will become apparent that something has become necessary to avoid confusion, eg in para 9(i): "The two parts of Ireland might discuss their common interest in the Community, with a view to promoting them through the appropriate channels".