Debate contribution: Display of Flags and Emblems Bill: Second Stage

Debate contribution by Mr Jon Burrows on 7 September 2026.

MLA: Mr Jon Burrows
Party at the time: Ulster Unionist Party
Date: 7 September 2026
Type: Debate contribution
Business: Private Members' Business
Heading: Display of Flags and Emblems Bill: Second Stage
Assembly identifier: Official Report component 5670504

Text

First, I think that the police are wrong in their assessment of the Billy Wright flags. A Billy Wright flag does meet the criteria for the police to take action. My view is that it is a crime, but I say that as an aside. It is worth nothing that the language that the Member has used about the police making an assessment is often identical to that used in existing public order laws or terrorism offences. If the police were to make a decision about whether to intervene, they would have a series of developed case law about what would reach that threshold, whereas the Department for Infrastructure would have to make its own assessment. How would it become sufficiently trained and experienced to make an assessment of what those things mean? It would not have the case law or access to the Public Prosecution Service (PPS). We could also have a situation in which the police adopt the very same test — the language is identical — and say, "That doesn't amount to threatening and insulting", while DFI could presumably reach a different conclusion. How would that work when it comes to interoperability?
It would be a crime, then.

201 words. Text as published by the Northern Ireland Assembly.

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