Durkan and Designation
I wasn't at the British Irish Association Conference in Oxford where Mark Durkan made his controversial speech on the future of the designation system. So I decided to hold off writing about his comments until I had a chance to check with the SDLP leader himself.
Martin McGuinness described Durkan's argument that "the mandatory coalition should be ended" as a "disastrous U turn". By contrast, the DUP's David Simpson welcomed him as a belated covert to the notion of a voluntary coalition.
The SDLP leader's speaking notes are carried on his party's Speaking to Mark Durkan today, he insists that he wants to retain the D'Hondt system by which ministerial jobs are handed out on the basis of parties' electoral strengths. He also says he doesn't want the unionist nationalist designation system abolished altogether. Rather he would like its application limited to a smaller number of matters, such as the choice of a First and Deputy First Minister.
The SDLP's motivation for this move might be seen as a short term tit-for-tat in response to the DUP and Sinn Fein scheme to bypass them in handing out any new Justice department (that's something Alex Attwood was complaining about at a meeting of the Stormont Assembly and Executive Review Committee earlier today). But Mark Durkan's proposed timescale for any changes is far from short term (he won't put a date on it, but does not envisage any alterations ahead of the next Assembly election).
Asked about what could replace cross community voting the SDLP leader isn't prescriptive (for example, he isn't arguing for a weighted majority vote). Instead he talks about discussing arrangements which might reflect new realities should the Conservatives or the southern parties start spreading here through any new "realignments".
Mr Durkan suggests grafting new protections on to a future Bill of Rights. Agreement on such a bill still seems a long way off. I took a look at the draft bill produced by the and the only section I could find which appeared to come anywhere close to this territory was paragraph 30 on "The Right To Participation In Public Life".
The section seems mainly concerned about protecting the rights of women. But in a note the SDLP representative added "SDLP believes that the principles of proportionality in representation and cross-community decision-making are essential given the historic imbalance of representation and abuse of power in Northern Ireland". I shall put the entire section in the extended entry.
Boiling it down, it feels like blue sky thinking rather than anything which will have an immediate impact on the "ugly scaffolding" (to borrow the Foyle MP's term) at Stormont.
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30. RIGHT TO PARTICIPATION IN PUBLIC LIFE
Recommendation
1. Everyone has the right and shall have the opportunity without
discrimination
a. to participate freely in public and political life and affairs, either
directly or through freely chosen representatives;
b. to vote and to be elected at periodic elections which shall be by
universal and equal suffrage and by secret ballot, guaranteeing the
free expression of the will of the electors; and
c. to public service.
2. Public authorities shall take active measures to facilitate full participation
of women in political and public life including, where appropriate, by the
use of temporary special measures to achieve balance in men and women
holding domestic and international public positions and the equal
representation of men and women in the formulation of government
policy.
3. Public authorities shall have particular regard to the equal participation of
women in the maintenance and promotion of peace and security, and the
need to increase their role in decision-making with regard to conflict
prevention and resolution.
Working group reports
This recommendation consolidates a proposal developed by the civil and political
rights working group55 with subsequent written submissions and proposals presented
in plenary.
A principal issue raised in the civil and political rights working group was the
importance of ensuring that people have the right to participate in political processes
in line with the Multi Party Agreement, and to be involved in decisions affecting their
rights.
Plenary issues
• General: whether this recommendation dealt with matters that were within the
particular circumstances of Northern Ireland.
• General: whether the recommendation defines rights supplementary to the
ECHR.
55 Right to participation and good governance, provision 15, pages 18-19, report of the civil and
political rights working group.
133
• Clause 1: whether this clause should also require election by secret ballot
based on proportional representation (addition to clause 1b) and governance
arrangements based on the principles of proportionality and cross-community
decision-making (addition to clause 1c) and whether there should be a clause
to the effect that
Nothing in this section can be used to defend any particular set of
institutional arrangements.
• Clause 2: whether the level of obligation in relation to women's participation
should be lower or higher.
• Clause 3: whether to recognise and affirm women's role in peace and
security.
Levels of support
DUP Against
Sinn Féin The addition to clause 1b: abstained; the addition to
clause 1c supported; additional sentence opposed;
clause 2 supported; clause on women's contribution to
peace supported
UUP Against
SDLP The addition to clause 1b supported; the addition to
clause 1c supported; additional sentence opposed;
clause 2 supported; clause on women's contribution to
peace supported
Alliance The addition to clause 1b supported; the addition to
clause 1c supported; additional sentence supported;
clause 2 only supported if 'may' not 'shall'; clause on
women's contribution to peace opposed
Business Sector
Neil Faris
Northern Ireland
Chamber of
Commerce
Against
Abstain
Children and Young
People's sector
The addition to clause 1b qualified abstention; the
addition to clause 1c supported; additional sentence
reserved; clause 2 supported; clause on women's
contribution to peace supported
Churches
Catholic Church
Irish Council of
Churches
The additions to clauses 1b and c supported;
additional sentence reserved; clause 2 supported;
clause on women's contribution to peace supported
The additions to clauses 1b and c opposed; additional
sentence opposed; clause 2 supported; clause on
women's contribution to peace supported
Community/voluntary
sector as a whole
Not present to vote
134
Disability sector The additions to clauses 1b and c opposed; additional
sentence reserved; clause 2 supported; clause on
women's contribution to peace supported
Ethnic Minority
Sector
The additions to clauses 1b and c opposed; additional
sentence reserved; clause 2 supported; clause on
women's contribution to peace supported
Human Rights NGO
sector
The additions to clauses 1b and c opposed; additional
sentence opposed; clause 2 supported; clause on
women's contribution to peace supported
Older People's
sector
The additions to clauses 1b and c opposed; additional
sentence opposed; clause 2 supported; clause on
women's contribution to peace supported
Sexual Orientation
sector
The additions to clauses 1b and c reserved; additional
sentence reserved; clause 2 supported; clause on
women's contribution to peace supported
Trade Unions The additions to clauses 1b and c opposed; additional
sentence opposed; clause 2 supported; clause on
women's contribution to peace supported
Women's sector The additions to clauses 1b and 1c supported;
additional sentence supported; clause 2 supported;
clause on women's contribution to peace supported
Statements of position
SDLP
• "SDLP believes that the principles of proportionality in representation and
cross-community decision-making are essential given the historic imbalance
of representation and abuse of power in Northern Ireland".
Alliance
• "Alliance believes that there must be flexibility with respect to approaches to
power-sharing and institutional design with respect to governance, and to
allow the emergence of a system of government consistent with liberal
democratic norms. There is also a distinction to be made between the narrow
concept of government and the broader conception of governance".
Children and young people's sector
• "The Children and Young People's sector abstain on issues relating to voting
on the basis that this right is not currently extended to children".
Human rights NGO sector
• "We are supportive of these rights in principle. However, we believe they are
too prescriptive in places. We also propose dealing with participation in the
equality clause".
Older people's sector
• "We fully support the principles of participation in public life. However, we
cannot support the inclusion of specific voting measures, i.e. proportional
I'm 
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