Triple Consent? Parties, people and Parliament: reforming the Belfast/Good Friday Agreement

Abstract

This article examines the political and legislative hurdles which are necessary to clear before reforming the 1998 Belfast/Good Friday Agreement. It does so by looking at the Agreement itself and subsequent changes, most notably the St Andrews Agreement (2006), New Decade, New Approach (2020) and Safeguarding the Union (2024). To summarise, there are generally three requirements for change: 

1. Agreement between political parties represented in the Northern Ireland Assembly. If substantial agreement does not exist, then the Belfast/Good Friday Agreement cannot be reformed.


2. Agreement between London and Dublin. Given that the United Kingdom (UK) and Ireland are viewed as co-guarantors of the Agreement, bilateral consent is also essential.


3. Agreement between the main Great Britain parties at Westminster (usually Labour, the Conservatives and Liberal Democrats), given that any changes often require primary legislation in the UK Parliament.

After examining the origins of the Belfast/Good Friday Agreement and subsequent revisions, the article posits that a hitherto overlooked constitutional convention guides the process of amendment.