(Austen Morgan, Belfast Telegraph)

David Trimble, the Assembly's First Minister designate, is standing rock solid on his demand that decommissioning must start before an Executive is formed. Here lawyer AUSTEN MORGAN gives his interpretation of the D word.

LEGALISM, as feared, is infecting the body politic. Sinn Féin is spinning contradictory messages about the Belfast Agreement.

One, that decommissioning is not a precondition for entry into government. Two, that the executive is a precondition for the North-South Council - which must complete a work programme by October 31.

The republicans are wrong on both counts, as anyone versed in international law would appreciate.

First, the D word. Decommissioning is dealt with on page 20 of the Agreement. During the talks - as Seamus Mallon reminded the Labour conference - the participants agreed that the issue had to be resolved. It was. And they agreed to "the decommissioning of all paramilitary arms (not all guns in Ireland) within two years".

When was decommissioning to start? Three dates are arguable.

First, April 10 because Tony Blair, in his letter to David Trimble (which got the Ulster Unionists on board), said that "the process of decommissioning should begin straight away." Second, May 22, since there is a reference to the two referendums. Third, the end of June because that is also mentioned (and the UK and Irish governments did produce their decommissioning schemes on June 29).

Nothing has been stopping the paramilitaries decommissioning. And the start date, whichever is chosen, is past. We are all on our way to May 22, 2000, the end point favoured by Dublin.

Sinn Féin, clutching the "use any influence they may have" phrase, claims it is doing all it can. The UK and Irish governments - the parties to the legally binding British-Irish Agreement of April 10 - have said that Sinn Féin and the IRA are inextricably linked. And they should know. Gerry Adams is guilty of gross bad faith.

Martin McGuinness's contacts with the Decommissioning Commission were also swallowed whole by too many journalists. Non members do not sit on General de Chastelain's body. And he is not interested in a Sinn Féin leader claiming clean hands, but in a link with an IRA army council controlling illegal arsenals.

Decommissioning dogged the talks. It has now fallen to David Trimble to draw the line in the sand. He told the colleagues in Blackpool that there was an "obligation" on the republicans to start decommissioning. And he was right.

It is inconceivable that the leaders of a private army could hold office in a modern democracy (remember Weimar and Hitler's mandate). And the UK and Irish governments - which enacted legislation in 1997 (and set up the Decommissioning Commission) - have little option to do other than hold that line.

Adams and McGuinness are going to test the Agreement (and their political careers) in the mother and father of all battles this autumn. And to do it by demanding the formation of the Executive Committee (which may - but does not have to - be 10 strong).

October 31, 1998, is the one full date in the Agreement. May 22, 2000, is strongly implied. There is no third date for the formation of the executive.

Now the E word. Strand Two - the North-South Council - is dealt with on pages 11-13 of the Agreement. Paragraph 2 states that Northern Ireland will be represented by the first minister, deputy first minister "and any relevant ministers" and the Republic by the Taoiseach "and any relevant ministers". Note the "any".

Paragraph 3 allows Trimble-Mallon to take the twice-yearly plenaries of the Council, and the first one or two meetings could only be in this format.

Paragraph 7 states that, "as soon as practically possible after elections", there will be inaugural meetings of the Assembly (it met on July 1), the British-Irish Council and the North-South Council "in their transitional forms". It is an obligation on Trimble-Mallon, and London and Dublin, to get on with the latter immediately.

And paragraph 8 states that, during the transition between the elections and devolution, "representatives of the Northern Ireland transitional Administration" will engage in the work programme with the Irish Government.

No where does it say, or even imply, that a fully formed executive - which requires major decisions on reorganisation of the six NI departments - is a condition precedent.

Under paragraph 18 of Strand One, Trimble-Mallon have overall responsibility for "external relationships".

All participants have to ensure all aspects of the Agreement are implemented. Sinn Féin has hinted that the war is over, and the IRA has toyed with the Disappeared. But it is the republicans - followed by the loyalists - who are doing least to build the involuntary coalition.

Sinn Féin claims it is acting on legal advice. That may mark a change. While the constitutional politicans will have to deal as best they can with this foot dragging, it might be a good idea if lawyers contributed to the debate on the D and E words. Will Sinn Féin's advisors please stand up?*The writer is London barrister interested in Irish constitutional matters.

*Austen Morgan is a London barrister interested in Irish constitutional matters. This article appeared in the Belfast Telegraph on September 14, 1998.

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