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

Debate contribution by Ms Paula Bradshaw on 7 September 2026.

MLA

Ms Paula Bradshaw

Party at the time

Alliance 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 5670527

Read the official Assembly record

Text

Thank you for your intervention. Clause 2(1) sets out definitions and examples of sensitive places, including places of worship and interface areas. Clause 2(2) provides examples of places where public services are provided, such as schools. Clause 2(3) provides examples of shared communal spaces, which include public parks. Clause 3 provides for the Department's establishment of a procedure or adaptation of an existing procedure, via an online portal, for example, whereby a person can notify voluntarily — nobody will be mandated to do so — if they wish to display a flag or emblem or have done so and to give their reasons for doing so, which may, for example, be for a certain cultural celebration. I imagine that it could also relate to sporting events or community festivals. The Department would also provide, via the online portal, the ability for residents and other stakeholders to give their views on flags in a particular location at a particular time. It should be noted that the Department already does that for street lights, for example, and that it already has a dedicated phone number for reporting flags, so I am not seeking the Department to set up an entirely new system. Importantly, underpinning all those considerations, I have included, in clause 4, a duty on the Department to consult on and produce a code of practice on the display of flags and emblems within 12 months of the Act coming into operation and have stated that the code must be reviewed every five years. Clause 4 lists the main bodies that must be consulted. Members can read that for themselves in the Bill. It is worth noting, however, that the Department does not have to produce that code of practice on its own. The Department holds responsibility for the code, but, if it feels that it would, for example, be a council function to carry out the role, it may wish to consider that. It can be noted that I have given plenty of time for those things to be arranged: most of the provisions of the Bill will not come into effect until 2029. Clause 5 stipulates that anyone who obstructs the removal of a flag or emblem is guilty of an offence and would be:

"liable on summary conviction to a fine not exceeding level 3 on the standard scale."

Currently, the maximum amount for a fine would be £1,000, which is in line with similar offences that are already on the statute books. Clause 6 provides that the Department may request assistance from the PSNI if there is concern that removal of a flag or emblem may result in a breach of the peace or an obstruction, as per clause 5. I have tried not to turn up the temperature on the removal of flags in my Bill, but, should the Committee proceed to scrutinise the Bill, it may wish to consider what would happen in a scenario in which the Department has gone in, through its own due process and with transparency, and removed some flags but new flags go up in the exact same place. In summary, the Bill would establish a statutory requirement for the Department to remove flags and emblems, including banners, billboards and posters, that are placed on its properties where it is in the public interest to do so. The public interest test is determined, in clause 1(2), as being where:

"the flag or emblem is intimidatory or threatening".

I will move on a bit. The Bill does not require people to notify that they are going to place flags or emblems on public property, but, if they wish to make a case that it is not in the public interest to remove them, they are free to make their case voluntarily through the online portal.

In my view, there is no conceivable reason why someone wishing to place flags or emblems on public property for the purposes of celebration or commemoration should not be identified. We have not made that a requirement because, obviously, there are potential human rights implications, but it is also to limit bureaucracy and costs and to enable the relatively free display of emblems and flags that clearly have not been displayed contrary to the public interest as defined. Those who do choose to make their case via the online portal will be free to outline how they have gauged public support for the display, what assurance is in place that the display does not constitute harassment or intimidation, how long the display will be for, what commemoration or celebration the display is for and how the display will align with the code of practice based on respect.

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

Assessment

Not flagged

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Assessed 21 October 2026 at 16:13 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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