The Hillsborough marathon talks finished without the hoped-for breakthrough, without a statement from the two governments or a document outlining agreement reached or items which are still "work in progress". Dan Keenan, Northern News Editor, reports
The absence of any paper or communiqué is usually taken to indicate trouble, but yesterday government officials and the parties continue to insist that Hillsborough was productive and that a deal remains within reach when the two leaders return some time in early April. Mr Blair also told the House of Commons yesterday of his positive views of the talks.
Some sources insist the talks were the most productive engagement of the last five years since Good Friday 1998.
At the core of the 30 hours of negotiations in Hillsborough Castle was a 28-page document which details what the British and Irish governments in conjunction with the parties can agree and which will pave the way for a restoration of devolution and the Stormont institutions.
The Irish Times understand that this document contains an outline joint declaration to be agreed by the two governments. It will address, in general terms, matters still outstanding in the implementation of the Belfast Agreement and outline the way forward for the political process.
The paper then goes on to provide extensive detail, in a series of annexes, on the most contentious aspects of issues still unresolved. These cover subjects ranging from "normalisation", criminal justice, policing, equality, human rights and initiatives relating to victims of violence, language and the so-called On The Runs (OTRs) - fugitives whose cases were not covered by measures to release paramilitary prisoners on licence.
Normalisation
This covers the nature and scale of the British army presence and, crucially, the more enduring question of police deployment in the event of a dramatic scaling-down of the numbers of troops. This annexe concerns timeframes about troop withdrawals, phased changes to police deployment and the removal of army fortifications.
There are proposals to reduce the army presence by about 5,000 to about 7,000 and to demolish the army watch-towers along the Border in south Armagh. The remaining troops would be more confined to barracks and become "invisible".
Such measures will be dependent on the security assessment of the Chief Constable. Mr Hugh Orde referred to this yesterday during a public session of the Policing Board when he said the perceived risk from dissident republicans was high. The level of threat from paramilitaries not on ceasefire and from street disturbance will have a direct bearing on the speed and scale of demilitarisation.
Normalisation will also refer to the panoply of emergency powers and the administration of "terrorist law".
Criminal justice
Both the SDLP and Sinn Féin reported much progress in this area during the Hillsborough talks. In general, this annexe confirms the subjects under this heading which the British government is prepared to legislate on, and which matters do not require new laws but will be subject to changes in "implementation". Many of the legal details are contained in papers already in the public domain, such as the Criminal Justice Review, but which await fresh action from the government.
There are sections dealing with proposals concerning the appointment of judges, the operation of the Director of Public Prosecutions office and the status of the Policing Ombudsman.
It is further understood there are references to the devolution of justice and policing powers to Stormont. This could happen with a variety of models being considered. There could be a joint ministry with office holders drawn from the two political traditions, or there could be an arrangement for rotating the position between alternates. Other models under consideration include linking any new powers to the existing Office of First and Deputy First Minister.
Policing
One of the most crucial and sensitive issues pertaining to the political process, this annexe details what further legislation the British government is prepared to introduce in addition to those amendments to the Policing Bill currently before parliament which help to bring the policing legal basis closer to that envisaged by the Patten commission.
It also refers to ongoing implementation issues such as proposed reforms of the PSNI Special Branch contained in the report by Mr Dan Crompton, a member of Her Majesty's Inspectorate.
The annexe also contains details of other criminal justice changes and on all-Ireland policing arrangements. These include the secondment of officers from the Garda to the PSNI and vice-versa and proposals to share officer-training facilities.
Human rights
This annexe refers to round-table approaches on a Bill of Rights and to ongoing work by the North's Human Rights Commission, which is assessing submissions on any future Bill. It also contains details relating to a cross-Border charter of rights for the whole of Ireland.
The paper also refers to the rights of the victims of violence, giving what The Irish Times was told is "added value" to current procedures. The annexe is aimed at enhancing moves to provide "acknowledgement and closure" for relatives of victims.
On the runs
These fugitives are perceived by some as being in an anomalous situation. Sought by the authorities but outside the jurisdiction, they would possibly have been caught, tried and jailed and then released on licence under the terms of the Good Friday accord. As things stand they remain outside the reach of the law and unable to return.
This annexe is understood to contain proposals to change their situation and pave the way for their return. It is understood to contain a process including a judicial element and a commitment that they will not spend time behind bars.
The paper is also understood to relate to language and other cultural matters. There are ideas relating to the financing of Irish language initiatives, possibly including the ready availability of TG4 and the establishment of an Ulster-Scots academy.
It is understood there are also proposals to limit or even remove the power of the Northern Secretary to suspend the Assembly, Executive and other institutions of the Belfast Agreement. Stormont has already been suspended four times since 1998 and has been under the current suspension since October 14th, 2002.