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 5686677

Text

I thank the Member for the points that he is raising. Regardless of the substance of the legislation, it raises genuine and serious concerns about the lack of certainty in the legislation. In clause 4, it is very clear to me that key decisions on how it will operate rest solely with the individual Minister. Clause 4(1)(a)(ii) states that the code must be reviewed:
"at least once every 5 years".
There is nothing to stop the code being reviewed every six months. This is a statutory code of practice, and if you cross-reference that, it is a very significant piece of material, but in clause 4(5), the key thing is:
"(d) how flags or emblems ought to be displayed and taken down".
At the heart of the legislation is that one person at any time can set down a prescription in that code of practice and should that say, with the conditions as set out in clause 1, that no flag should be flown from street furniture for more than 24 hours, or seven days or three weeks, or whatever that may be, that comes down to the decision of a Minister, and that decision is not subject to any scrutiny. There is a consultative role, as set out in clause 4(3). However, the consultation responses can be disregarded. There is no requirement to take into account the response to the consultation, but you simply discharge the legal duty by consulting, perhaps disregarding the results and setting this down.

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

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