Flags (Northern Ireland) (Amendment) Regulations 2021
(Limited Text - Ministerial Extracts only)
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Lord Caine
That the Grand Committee do consider the Flags (Northern Ireland) (Amendment) Regulations 2021.
Relevant document: 23rd Report from the Secondary Legislation Scrutiny Committee
The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)
My Lords, the draft Flags (Northern Ireland) (Amendment) Regulations 2021, were laid before the House on 23 November. I hardly need to remind the Committee, given the number of noble Lords from Northern Ireland who have taken an interest over the years, that the flying of flags is a very sensitive and delicate issue. Political disagreements over these issues led to the then Labour Government here in Westminster making provision on these matters in 2000 through the Flags (Northern Ireland) Order 2000, with flag flying on government buildings in Northern Ireland becoming a matter for the Flags Regulations (Northern Ireland) 2000.
The Flags Regulations (Northern Ireland) 2000 provide that on certain designated days the union flag, and in certain circumstances other flags, must be flown from government buildings. For the purposes of these regulations, a Northern Ireland government building is a building wholly or mainly occupied by members of the Northern Ireland Civil Service. The 2000 regulations also set out a number of “specified buildings” at which the union flag must be flown on the designated days in question. These buildings were chosen as they were the headquarters of Northern Ireland government departments. In 2002, the provisions of the regulations were extended by the then Government to court buildings in Northern Ireland.
After a very long gap of 18 years, the regulations were most recently amended in 2020 to deliver on a government commitment in New Decade, New Approach, which restored a devolved Government in Northern Ireland. This commitment was clear in stating that the Government will:
“Update the Flags Regulations (Northern Ireland) 2000 to bring the list of designated flag flying days from Northern Ireland government buildings and court-houses into line with the DCMS designated days, meaning the same designated days will be observed in Northern Ireland as in the rest of the UK”.
The Government will continue to deliver on this commitment to align the designated days in Northern Ireland with the rest of the UK.
As such, the instrument before the Committee today amends the 2000 regulations in four ways. The first two of the four amendments made by these regulations reflect the updated list of designated days for flag flying observed elsewhere in our country. They do so by amending the 2000 regulations following the sad death of His Royal Highness, the Duke of Edinburgh, last April, to remove his birthday, and the wedding day of Her Majesty the Queen, as designated days. A further amendment provides for the union flag to fly on the proclamation of a new monarch. This addresses an anomaly where currently the flags regulations only make provision for half-masting in the event of the death of a member of the Royal Family or a serving or former Prime Minister, and not for subsequent full masting upon the accession of a new monarch.
I trust that noble Lords will appreciate that, as the 2000 regulations set out in law the flying of flags from government buildings in Northern Ireland, they must have regard to a wide range of possible circumstances. It is for those reasons too that the final amendment provides that the union flag need not be flown on a designated day relating to a member of the Royal Family who has died.
The 2000 flags order requires that consideration be given by the Secretary of State for Northern Ireland to the Belfast agreement when making or amending the flags regulations. I can confirm that the Secretary of State is satisfied that these regulations treat flags and emblems in a manner that is respectful of Northern Ireland’s particular circumstances, while being fully consistent with Northern Ireland’s constitutional position as an integral part of our United Kingdom. The 2000 order also requires that consideration be given to regulations ahead of them being laid by the Northern Ireland Assembly. I can confirm this took place on 8 November and want to thank the Assembly for deliberating on these regulations in a considered and thoughtful manner.
I note that the other place debated this rather technical instrument in quick order—in some five and a half minutes—on 5 January and look forward to hearing contributions from noble Lords today. In that spirit, I commend the instrument to the Committee, and I beg to move.
Baroness Ritchie of Downpatrick (Lab)
My Lords, first, I thank the Minister for his explanation of the very technical provisions in these regulations. They deal with very sensitive issues relating to the passing of Prince Philip and the demarcation issues around the wedding day of the late Prince and Queen Elizabeth.
While the regulations make technical amendments, it is worth noting that flags and emblems in Northern Ireland have gone to the very heart of our society and community. They also lead in very much to our divided society. Northern Ireland is a divided society where flags and emblems are used on many occasions to mark out territory, define identity and cause internecine conflict between both traditions; this situation is heightened during the marching season. I suppose there are two flags: the flag of the United Kingdom and that of the Republic of Ireland. It is important that there is respect for both traditions and that we talk in terms of mutual understanding, building a shared society and having respect for political difference. Flags should not be dragged in the gutter to make a political point. Traditions should respect the value of identity and of those flags that demonstrate identity.
There is one issue, which was also raised during the Assembly debate on this on 8 November. The Minister will recall that, at the Stormont House talks, and then with the subsequent agreement, a decision was taken to establish the Commission on Flags, Identity, Culture and Tradition. It met on many occasions and eventually presented its report to the Executive Office last year. Even though it had worked on this for a considerable time before publishing the report in December, to me the report simply kicked the can down the road. No forward plan or action plan was produced, despite a delay of some two years in the report’s publication. It concluded that paramilitary flags—which are different from the union flag and the tricolour—and murals should not be displayed, but there was no plan from the commission to deal with this. Therefore, I ask the Minister to use his good offices with the Northern Ireland Executive, and in particular the Ministers in the Executive Office, to find out when they will bring forward a plan and when they will have discussions with the Government, under the strand one commitments of the Good Friday agreement, to deal with these issues. I am in no doubt that, to build that shared society, we require mutual understanding, reconciliation and, above all, respect for political difference.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, the noble Lord, Lord Caine, has outlined the purpose of the regulations before us today, and, like other noble Lords, I am content to approve the regulations. As we have heard, the union flag will be flown on designated days on government and other buildings, and I very much support the proposal that the flying of the union flag in Northern Ireland should be brought into line with that in the rest of the United Kingdom.
My noble friend Lady Ritchie of Downpatrick rightly set out that flags and emblems are a sensitive issue in Northern Ireland, and respect for difference is so important. I was born in London, as your Lordships can probably tell, and the union flag is the flag of the country I love; my parents were born in the Republic of Ireland, and that is the flag of my ancestors, and I very much love Ireland as well. So I think those things go together.
As the noble Lord McCrea of Magherafelt and Cookstown, explained, sadly, these regulations are necessary since His Royal Highness passed away. I join with the noble Lord in his warm tribute to His Royal Highness Prince Philip on his work and public service throughout his life to our great country, and I join the noble Lord in his warm tribute to Her Majesty the Queen on the work that she has given to our nation. I join with the noble Lord, Lord Lexden, in looking forward to the day that we celebrate Her Majesty’s accession to the Throne, as that will be a great day for our nation.
I very much support the regulations and look forward to the Minister’s response.
Lord Caine (Con)
My Lords, I am grateful to noble Lords who have participated in this short debate, in which we have, as anticipated, exceeded by some way the consideration and scrutiny provided in the other place. Rather than making a lengthy closing speech, I shall just pick up one or two of the comments that have been made by noble Lords.
The noble Baroness, Lady Ritchie of Downpatrick, in a typically thoughtful and constructive speech, made the point that Northern Ireland is a divided society and we have to respect both traditions. I completely agree with her and believe that the flag-flying regulations indeed conform to the letter and spirit of the commitments in the Belfast agreement, which states that:
“All participants acknowledge the sensitivity of the use of symbols and emblems for public purposes, and the need … to ensure that”
they are used
“in a manner which promotes mutual respect rather than division.”
I completely agree with that.
However, the flying of the union flag of course reflects the constitutional position of Northern Ireland as determined by the principle of consent in the Belfast agreement. It is worth noting that in 2019 the Northern Ireland Court of Appeal ruled that the regulations
“should be regarded as a pragmatic reflection of the current reality of the constitutional position and actively consented to in accordance with the spirit of the Agreement that Irish people, North and South, signed up to.”
So the regulations are consistent with the Belfast agreement and with respect for both main traditions in Northern Ireland, reflecting, as I say, the constitutional position.
The noble Baroness referred to the flags commission established by the Stormont House agreement, which I remember all too well as part of the UK Government negotiating team during those 11 weeks of somewhat tortuous talks. As the noble Baroness will be aware, part of the delay in publication of the flags commission report was down to the fact that there was no Executive between 2017 and 2020, which delayed matters somewhat.
I am very happy to look into the points that the noble Baroness made regarding implementation, conscious of the fact that when we discussed this in the strand one discussions at Stormont House those seven-plus years ago, it was always understood by all participants that the flags commission was a matter for the Northern Ireland Executive, not Her Majesty’s Government. I think I am right in saying that, when the commission finally reported last December, it had no recommendations to make in areas that are covered by the regulations before your Lordships today. However, I will look at the point she makes regarding discussions with the Executive over how this is taken forward.
The noble Lord, Lord McCrea of Magherafelt and Cookstown, referred to the work of the Duke of Edinburgh over many years, as did the noble Baroness, Lady Harris of Richmond, whom I welcome to the Committee today—I am particularly pleased that she is speaking from the North Riding of God’s own county. I endorse everything that both the noble Lord and the noble Baroness said about the Duke of Edinburgh over many decades—his tremendous record of service and duty to our nation—and I completely concur with the noble Lord, Lord McCrea of Magherafelt and Cookstown, in his sentiments about Her Majesty’s the Queen, which I totally endorse. Long may she reign.
My noble friend Lord Hannan started off by referring to what might be regarded as an ideal world and then quickly qualified himself to make it clear that we were some distance from an ideal world when it came to the flying of flags in Northern Ireland.
My noble friend Lady Foster referred to the European Union emblem, as I think she called it. I think both my noble friends will be pleased to know that the requirements for flying the European Union emblem or flag—however you wish to describe it—on Europe Day was removed by the last update of these regulations.
In reply to my noble friend Lord Lexden, if anybody in the Committee could be allowed to speak up on some of the wording of the Explanatory Memorandum it is my noble friend, and I say that having had my work as a very young researcher in the Conservative research department edited by my noble friend over a long time. If my writing style has certainly improved over the years, my noble friend has played a huge role in that.
My noble friend referred to a particular point in the memorandum. The text of the regulations as amended means that flags are not flown for members of the Royal Family who have died. That should be fairly straightforward and clear, but if the Explanatory Memorandum is a little confusing, I will certainly take that point away.
Lord Lexden (Con)
I asked whether it would be possible to establish which members of the Royal Family —children of the monarch and those in direct line of succession—this order applies to. Was there provision to remove the flying of the flag for members of the Royal Family whose careers, sadly, fall into some discredit?
Lord Caine (Con)
On my noble friend’s first point, I have a list, which I do not intend to read out, but I can certainly come back to him on that matter. On my noble friend’s second point, that would really be a matter for the Palace to determine and is not something that I could pronounce on. It is way above my unpaid grade.