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

Debate contribution by Mrs Emma Little-Pengelly on 14 September 2026.

MLA: Mrs Emma Little-Pengelly
Party at the time: Democratic Unionist Party
Date: 14 September 2026
Type: Debate contribution (made as a minister)
Business: Private Members' Business
Heading: Display of Flags and Emblems Bill: Second Stage
Assembly identifier: Official Report component 5686643

Text

I thank the Member for giving way. I will build on his point about certain people having the ability to interpret the legislation and others not having that ability.
Clause 4 covers the code of practice. There has been much talk in the Chamber about the guidance and various other regulations and regulatory-making powers given to Departments or Ministers and about the scrutiny, or lack of scrutiny, to which they are subject. On reading clause 4, my understanding is that the code of practice would be issued simply by the Department — a single Minister — and not be subject to Committee scrutiny or to affirmative, or even negative, resolution procedure. The substance of clause 4 — such as what "offence" is and what length of time is "excessive" — would be subject to the whims of the particular Minister in that Department at that time. Quite frankly, given the amount of change that we see in Departments, there would be a distinct lack of certainty for those who are designated to operate the code of practice and for those who put up the symbols and flags in celebration or commemoration.

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

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