British-Irish Agreement Act 1999

STRUCTURE

7.1 The Body will have a Chief Executive, appointed by NSMC.

7.2 The functions of the Body will be exercised by the Chief Executive or another member of the staff of the Body authorised by the Chief Executive. In exercising its functions the Body will at all times act in accordance with any directions (whether of a general or specific nature) given by NSMC.

PART 5 Language

EXERCISE OF FUNCTIONS

Part 5 of Annex 1 sets out the functions of the Body. The Body will exercise these functions in accordance with the following arrangements and those set out in Part 7 below.

1.1 The functions of Bord na Gaeilge in regard to the promotion of the Irish language and its staff, assets and obligations will be transferred to the Body. Bord na Gaeilge will be dissolved. The functions of the Irish Minister for Arts, Heritage, Gaeltacht and the Islands in relation to financial support for certain voluntary Irish language organisations will also be transferred to the Body.

1.2 In carrying out its functions of developing terminology and dictionaries and supporting Irish-medium education and the teaching of Irish, the Body, having regard to the legislative and other curriculum requirements applicable to each jurisdiction—

(a) (i) may review the curriculum resources made available for Irish-medium education and the teaching of Irish, including the provision of appropriate textbooks, other teaching materials and teaching aids;

(ii) may conduct research into any matters relating to the provision of Irish-medium education and the teaching of Irish in schools or other places, including the methods of teaching employed, the curricula taught and the assessment procedures adopted;

(iii) may publish, in such form as it considers appropriate, the outcomes of its research and reviews, including recommendations for action;

(b) will exercise the functions exercised prior to the establishment of the Body by the Irish Department of Education and Science, through An Gúm, with respect to the publication of books in Irish in support of Irish-medium education and the teaching of Irish in schools and elsewhere;

(c) will exercise the functions exercised prior to the establishment of the Body by the Irish Department of Education and Science, through An Coiste Téarmaíochta with respect to the development of terminology and vocabulary in Irish; and

(d) will facilitate co-operation between the body to be established in accordance with Section 31 of the Irish Education Act, 1998 and any promotional body funded under Article 89 of the Education (Northern Ireland) Order 1998.

1.3 Arising out of research or a review carried out under paragraph 1.2 (a) the Body may give advice or make recommendations for action in relation to Irish-medium education and the teaching of Irish.

1.4 The functions of the Body in relation to the Irish language will be exercised by an Irish language agency of the Body. The working language of the agency will be Irish, subject to the provisions of the Financial Memorandum. Subject to the agreement of the Body the agency will decide its own title. In carrying out the Body's functions, the Irish language agency will have regard to the positions of the Irish language in the two jurisdictions. In Northern Ireland this position will be the British Government's commitments in respect of the Rights, Safeguards and Equality of Opportunity section of the Multi-Party Agreement and any relevant legislation. In Ireland, this position will be the constitutional and legal position of the Irish language, Irish Government policy and the measures and practices built up to foster and promote the language.

1.5 An Education Unit within this agency will carry out the functions outlined in paragraphs 1.2 and 1.3.

1.6 In carrying out its functions in relation to Ullans and Ulster-Scots cultural issues the Body may, having regard to the contexts in both jurisdictions—

(a) provide advice to both administrations, public bodies and other groups in the private and voluntary sectors;

(b) undertake research and promotional campaigns; and

(c) undertake support of projects and grant-aid bodies and groups as necessary; but this does not exclude Ulster-Scots bodies and groups operating exclusively in Northern Ireland from accessing Northern Ireland Government funding programmes.

1.7 “Ullans” is to be understood as the variety of the Scots language traditionally found in parts of Northern Ireland and Donegal. “Ulster-Scots cultural issues” relate to the cultural traditions of the part of the population of Northern Ireland and the border counties which is of Scottish ancestry and the influence of their cultural traditions on others, both within the island of Ireland and in the rest of the world.

1.8 The functions of the Body in relation to Ullans and Ulster-Scots cultural issues will be exercised by an Ulster-Scots agency of the Body. Subject to the agreement of the Body, the agency will decide its own title.

1.9 The Body will have all the powers necessary for, or incidental to, the exercise of its functions.

1.10 The annual report of the Body will incorporate reports of the agencies on their activities.

1.11 NSMC will designate the amounts of the grants received under paragraph 2.1 of Part 7 to be applied for

(a) the functions of the Body in relation to the Irish language; and

(b) the functions of the Body in relation to Ullans and Ulster Sch. Scots cultural issues.

1.12 The Body will require each of the agencies to keep proper accounts and financial records and to prepare a statement of accounts in respect of each year.

STRUCTURE

2.1 The Body will have a Board of 24 members appointed by NSMC. Of those members—

(a) 16 will be drawn from among persons appearing to NSMC to have an interest in, or experience of, matters relating to the functions of the Body in relation to Irish language and

(b) 8 will be drawn from among persons appearing to NSMC to have an interest in, or experience of, matters relating to the functions of the Body in relation to Ullans and Ulster-Scots cultural issues.

2.2 The 16 members appointed under paragraph 2.1(a) will have responsibility for the exercise of the functions of the Body through the Irish language agency. One member will be appointed by NSMC as Chairperson of that agency. In exercising the functions of the Body, the agency will at all times act in accordance with any directions (whether of a general or specific nature) given by NSMC.

2.3 The 8 members appointed under paragraph 2.1(b) will have responsibility for the exercise of the functions of the Body through the Ulster-Scots agency. One member will be appointed by NSMC as Chairperson of that agency. In exercising the functions of the Body, the agency will at all times act in accordance with any directions (whether of a general or specific nature) given by NSMC.

2.4 The Chairperson of the Irish language agency and the Chairperson of the Ulster-Scots agency will be joint Chairpersons of the Body.

2.5 Subject to the other provisions in this Annex, the remuneration, allowances and expenses of the Chairpersons and other members, and any other terms and conditions on which they hold office, will be determined by NSMC, with the approval of the Finance Ministers.

2.6 The term of office of the first members of the Board will be 3 years. The term of subsequent appointments may be varied by NSMC to facilitate continuity of membership but shall not exceed 5 years. Members will not serve more than two consecutive terms.

2.7 A person may resign as a member or as a Chairperson by notice in writing to NSMC. NSMC may dismiss a person from his or her office as a member, or as a Chairperson, if—

(a) he or she fails without reasonable excuse to discharge his or her functions for a continuous period of 3 months;

(b) he or she is convicted of a criminal offence;

(c) a bankruptcy order is made against him or her, or he or she makes a composition or arrangement with his or her creditors; or

(d) he or she is unable or unfit to carry out his or her functions.

2.8 If a member dies, resigns or is removed from office, NSMC may appoint a person to fill the vacancy, and the person so appointed will be appointed in the same manner as the member who occasioned the vacancy. The person so appointed will hold office for the remainder of the term of office of the member who occasioned the vacancy and will be eligible for reappointment as a member.

2.9 The staff assigned to each agency will be responsible to and report to the Body through that agency.

2.10 The Body will appoint a Chief Executive for each agency subject to the approval of NSMC. The Chief Executive will be responsible for the management and control generally of the administration and business of the agency.

PART 6 Aquaculture and Marine Matters

EXERCISE OF FUNCTIONS

Part 6 of Annex 1 sets out the functions of the Body. The Body will exercise these functions in accordance with the following arrangements and those set out in Part 7 below.

1.1 This function is restricted to marine, fishery and aquaculture matters and will include the preparation of a strategic plan for commercial and recreational development of the Foyle and Carlingford Areas, and the promotion (including by grant aid) and co-ordination of the delivery of the development strategy;

2.1 The Body will exercise the functions formerly exercised by the Foyle Fisheries Commission, which will be dissolved, and corresponding functions in relation to the Carlingford Area. Legislation will be introduced to provide for the exercise of an inland fisheries development function in relation to the Foyle and Carlingford Areas as set out in paragraph 6 below.

3.1 Legislation will be required to provide for the aquaculture development and licensing functions in the Foyle and Carlingford Areas. This will be introduced as set out in paragraph 6 below.

4.1 This function will include the preparation of a strategic plan for marine tourism in the Foyle and Carlingford Areas and the promotion and marketing of those Areas (including by grant aid) and co-ordination of the delivery of the development strategy.

(a) the whole of the sea along the coast between the low water line of the most southerly point of Cranfield Point in the County of Down and the low water line of the most easterly point of Ballaghan Point, in the County of Louth, and within a straight line between those points, and any islands or rocks within the same, with the whole of the tideway along the said coast; and

(b) the whole of all lakes, rivers and their tributaries which flow into the sea within the area defined in sub-paragraph (a) and all of the land catchment from which water drains into those lakes and rivers.

7.1 United Kingdom and Irish legislation will be required for the Body to become the General Lighthouse Authority for the island of Ireland. Such legislation will be brought forward by the British and Irish Governments, if possible, before the entry into force of this Agreement or, in any event, as soon as possible thereafter. In the event that the functions of the Body as the General Lighthouse Authority are not brought within the competence of Northern Ireland Ministers, the two Governments agree to determine any additional arrangements necessary to enable the Body to exercise the functions of the General Lighthouse Authority for the island of Ireland in accordance with Article 4 of this Agreement. The Body will receive funding from the General Lighthouse Fund, subject to financial arrangements with the Trustees of the Fund.

STRUCTURE

9.1 The Body will have a Board of not more than 12 members, including a Chairperson and a Vice-Chairperson. NSMC will appoint the members, including one member as Chairperson and one member as Vice-Chairperson.

9.2 The functions of the Body will be exercised by the Board. In exercising its functions the Body will at all times act in accordance with any directions (whether of a general or specific nature) given by NSMC.

9.3 Subject to the other provisions in this Annex, the remuneration, allowances and expenses of the Chairperson, Vice-Chairperson and other members, and any other terms and conditions on which they hold office, will be determined by NSMC, with the approval of the Finance Ministers.

10.1 The term of office of the first members of the Board will be 3 years. The term of subsequent appointments may be varied by NSMC to facilitate continuity of membership but shall not exceed 5 years. Members will not serve more than 2 consecutive terms.

10.2 A person may resign as a member or as Chairperson or Vice-Chairperson by notice in writing to NSMC. NSMC may dismiss a person from his or her office as a member or as Chairperson or Vice-Chairperson, if—

(a) he or she fails without reasonable excuse to discharge his or her functions for a continuous period of 3 months;

(b) he or she is convicted of a criminal offence;

(c) a bankruptcy order is made against him or her, or he or she makes a composition or arrangement with his or her creditors; or

(d) he or she is unable or unfit to carry out his or her functions.

10.3 If a member dies, resigns or is removed from office, NSMC may appoint a person to fill the vacancy, and the person so appointed will be appointed in the same manner as the member who occasioned the vacancy. The person so appointed will hold office for the remainder of the term of office of the member who occasioned the vacancy and will be eligible for reappointment as a member.

10.4 The functions of the Body in relation to the Foyle and Carlingford Areas will be exercised through an agency of the Body known as the Loughs Agency. The functions of the Body referred to in paragraph 7 above will be exercised through an agency of the Body known as the Lights Agency.

10.5 The Body will appoint a Chief Executive to each agency subject to the approval of NSMC. The Chief Executives will be responsible for the management and control generally of the administration and business of the agencies.

PART 7 Common Arrangements

The following arrangements will apply to all six implementation bodies.

ACCOUNTABILITY AND REPORTING

1.1 The Body will prepare annually a corporate plan, subject to the approval of NSMC, including Finance Ministers. The Plan will include a description of the proposed activities of the Body and the funding implications.

1.2 The Body will submit a report on its activities in each year to NSMC at such date and in such form as NSMC may direct.

1.3 A copy of the report will be laid before the Northern Ireland Assembly and both Houses of the Oireachtas.

1.4 The Body will provide NSMC or a relevant Minister with such other reports and information as NSMC or the Minister may from time to time require.

1.5 A member of the Body or of its staff will, if so requested, appear before, or otherwise co-operate with—

(a) a Northern Ireland Assembly Committee or a Committee or sub-Committee of either House or both Houses of the Oireachtas, in accordance with normal practice and relevant legislation within each jurisdiction;

(b) NSMC.

FINANCIAL ARRANGEMENTS

2.1 The Body will receive grants from money voted by the Northern Ireland Assembly and Dáil éireann. NSMC will, with the approval of the Finance Ministers, make recommendations as to the amount of such grants. The initial grants will be made from money appropriated by the Appropriation (Northern Ireland) Order 1999 and from money voted by Dáil éireann.

2.2 The Body will comply with the provisions of a Financial Memorandum drawn up for the Body by the Northern Ireland and Irish departments paying grants to the Body and the Finance Departments. It will prescribe the detailed financial arrangements, including those in relation to accounts, the accounting year and currency, to be complied with by the Body. Subject to any terms and conditions specified in the Financial Memorandum, the Body may borrow money for the purposes of its functions.

2.3 For the purposes of its functions the Body may provide financial assistance to any body or person whether directly or indirectly in accordance with arrangements to be approved by NSMC and Finance Ministers. Such assistance may be by any description of investment or lending or by making grants.

2.4 The Body will keep proper accounts and financial records and will prepare a statement of accounts in respect of each year containing such information and in such form as the Northern Ireland and Irish departments paying grants to the Body may direct with the approval of the Finance Departments.

2.5 The Body will submit copies of the above statement to NSMC as well as to the Comptroller and Auditor General for Northern Ireland and the Irish Comptroller and Auditor General who will in co-operation examine and certify the accounts.

2.6 The statement will be laid before the Northern Ireland Assembly and both Houses of the Oireachtas. Any report concerning the Body by the Comptroller and Auditor General for Northern Ireland will be laid before the Northern Ireland Assembly and any such report by the Irish Comptroller and Auditor General will be laid before both such Houses.

2.7 The Body will also permit officers of the Comptroller and Auditor General for Northern Ireland and the Irish Comptroller and Auditor General access to all records as may be required to carry out the above functions or value for money examinations and will require any person or body receiving grant from the Body to permit such access.

STAFFING ARRANGEMENTS

3.1 The Body may for the purposes of its functions—

(a) employ staff; and

(b) employ the services of such other persons as the Body considers expedient for any particular purpose.

3.2 The Body may be staffed by open recruitment, temporary secondment and the transfer of staff. The Body will, with the approval of NSMC and the Finance Ministers, determine the remuneration, grading, numbers and other conditions of service of the Chief Executive and other staff of the Body. The Body may, in the case of such of its staff as may be determined by it with the approval of NSMC and the Finance Ministers, pay such pensions, allowances or gratuities, or provide and maintain such pension schemes, as may be so determined.

3.3 Remuneration and other conditions of service for transferred staff will not be less favourable than those to which the transferred staff were subject immediately before their transfer, save in accordance with a collective agreement negotiated with a recognised trade union. Superannuation arrangements for transferred staff will not be less favourable than those to which transferred staff were subject immediately before their transfer and any dispute relating thereto shall be determined by the Irish Minister for Finance or the Department of Finance and Personnel, as may be appropriate.

3.4 The Finance Departments will draw up staffing principles.

3.5 Pending the appointment of the first Chief Executive of the Body, or of an agency of the Body, the functions of the Chief Executive will be exercised by such person as will, prior to the entry into force of this Agreement, have been designated by the Irish Government and the British Government.

PROCEDURE

4.1 The Body will determine its own procedures.

4.2 The Body will have a seal, the application of which will be authenticated by the signature of—

(a) the Chief Executive of the Body or of an agency of the Body; or

(b) another member of the staff of the Body authorised in Sch. that behalf by the Chief Executive of the Body or of an agency of the Body.

OMBUDSMAN

CODE OF CONDUCT

6.1 The Body will as soon as practicable draw up a code of conduct for approval by NSMC.

6.2 The code will cover the Body's aims and values, its obligations to the public, and the accountability and conduct of its members and staff (including membership of or employment by other organisations, acceptance of gifts or other benefits and the disclosure of other interests relevant to the work of the Body and confidentiality).

FREEDOM OF INFORMATION

DATA PROTECTION