Conclusions
14. The governments have taken into account, in reaching their conclusions, all the information in their possession. On the British side, the Secretary of State was fully briefed on the circumstances of the two murders by the Chief Constable, and the Prime Minister and she have had the opportunity to examine fully the information and evidence available to him.
15. The Irish Government have taken account of information and judgments given to them by the Prime Minister and the Secretary of State, as well as the assessment of the Commissioner of the Garda Siochana.
16. The governments have also paid careful attention within the terms of the rules of procedure to the views expressed both by Sinn Fein and by other participants. They have taken fully into account the previous cases under rule 29. They draw attention, however, to the fact that the circumstances of each of those cases differed from the present one, whether in the gravity of the actions in question, the statements of the parties concerned and the relationships with the paramilitary organisations involved. They have sought to be as fair as possible within the rules and conventions adopted by participants, in the context that the process is a political not a legal one.
17. Taking into account the information in their possession, both governments conclude that there was IRA involvement in the murders and that this constitutes a clear infringement of the Mitchell Principles. They note that the IRA did not in explicit terms deny involvement in the killings. This is in contrast with an earlier case under rule 29, where they denied involvement in the Markethill bomb (governments' conclusions of September 24th 1997).
18. The governments have previously made clear (in their conclusions of September 24th 1997) that they would expect the Republican Movement as a whole - that is Sinn Fein and the IRA - to honour the commitment to the Mitchell Principles observed by Sinn Fein. They said on that occasion that they "found it hard to conceive of circumstances where, after a group with a clear link to any party in the negotiations had used force or threatened to use force to influence the course or the outcome of the all-party negotiations, the relevant party could be allowed to remain in the talks". They characterised the IRA as a group "with a clear link to Sinn Fein". That reflects the position that has been taken throughout the negotiations (and which underlay the governments' requirement that Sinn Fein could only be admitted to the negotiations in the event of an unequivocal restoration of the IRA ceasefire). Whatever the personal position of Sinn Fein delegates, the governments believe it remains justifiable and indeed necessary to proceed on that basis.
19. Taking into account the principles and procedures of the talks process, including the provisions of Rule 29, previous determinations in regard to that rule, the statements by all participants, including Sinn Fein and all the other considerations outlined above, the governments are obliged to conclude that the representations under Rule 29, specified in paragraphs 5 and 6 above, have been upheld and accordingly that Sinn Fein should not be allowed to participate in the talks.
20. The aim of both governments is to maintain an inclusive process, on the basis that this is the best way to achieve a comprehensive and balanced settlement likely to secure the agreement of all sides. Both governments remain determined that the deadline of May as the target date for the conclusion of the talks shall be met and the completion of the process is now approaching. It is particularly important, therefore, that as many parties as possible, consistent with the fundamental principles on which these negotiations are based, have the opportunity to make their contribution to the talks during the critical period.
21. The governments acknowledge the positive contribution that has been made to the peace process by the IRA ceasefire of August 1994 and its restoration of July 1997. They also acknowledge the very significant and genuine efforts which have been made, and are being made, by Sinn Fein in working for peace. The governments believe that Sinn Fein will continue, together with the other parties, to have an important role to play in the bringing about of a comprehensive, inclusive settlement, and that the maintenance of the IRA cessation will also be critical in that regard.
22. The IRA statement, as noted in paragraph 10 above, asserts that the IRA cessation of military operations remains intact. Having regard to the fact that the term set for the completion of the process is now close, to the strong determination of the two governments to work with the parties to produce a settlement in the coming six weeks and to the desirability and importance of as many parties as possible, consistent with the fundamental principles on which these negotiations are based, having the opportunity to contribute to the talks during this critical period, the two governments have come to the following view.
Subject crucially to events on the ground and to convincing demonstration in word and deed that a complete, unqualified and unequivocal IRA ceasefire is being fully and continuously observed, it is the expectation of the two governments that Sinn Fein will be able to return to the talks on March 9th. Contacts with Sinn Fein would be maintained in the intervening period. However, the governments also reaffirm the paramount importance of the integrity of the process, which depends on the total and absolute commitment of all participants to democratic and exclusively peaceful means of resolving political issues as required by the Mitchell Principles.