Draft Flags (Northern Ireland) (Amendment) (No. 2) Regulations 2022

Steve Baker Excerpts

Monday 17th October 2022 General Committees

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

I beg to move,

That the Committee has considered the draft Flags (Northern Ireland) (Amendment) (No. 2) Regulations 2022.

It is a joy to serve under your chairmanship, Sir Gary. The draft regulations seek to align flag-flying days in Northern Ireland with the rest of the UK, as agreed in New Decade, New Approach.

The Flags Regulations (Northern Ireland) 2000 provided that on certain designated days the Union flag, and in certain circumstances other flags, must be flown on Government buildings. For the purposes of the 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 so-called specified buildings, at which the Union flag must be flown on the designated days in question. Those buildings were chosen as they are the headquarters of Northern Ireland Government Departments. In 2002, the provisions of the regulations were extended to court buildings in Northern Ireland.

In January 2020, New Decade, New Approach saw the restoration of devolved government in Northern Ireland after an almost three-year impasse. That agreement contained a UK commitment to 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 2022 updated list of designated flag-flying days was published by the Department for Digital, Culture, Media and Sport on 11 February this year. It states that Her late Majesty the Queen’s two birthdays and the birthday of the former Prince of Wales are the only royal birthdays to be observed for the purposes of flag flying. Following the sad demise of Her late Majesty the Queen, the 2022 list will be reviewed and amended by DCMS, in conjunction with the royal household, and is expected to be published in the new year.

The draft regulations will align flag flying in Northern Ireland with the 2022 DCMS guidance, and indeed the policy followed across the rest of the UK. Prior to publishing the list of designated days, DCMS consulted a range of stakeholders, and the updated designated days reflect the wishes of the palace.

I understand that some will be disappointed that the number of designated days is being reduced. The Government’s approach to flag flying in Northern Ireland through the Flags Regulations has consistently sought to reflect Northern Ireland’s clear constitutional status as an integral part of the United Kingdom, as well as the reality of the different political aspirations and sensitivities that exist across society in Northern Ireland.

As designated days are a matter of law in Northern Ireland, revised regulations must be considered by the Assembly before being approved by both Houses of Parliament. Members of the Northern Ireland Assembly considered and approved the draft regulations on 15 March 2022. The Flags (Northern Ireland) Order 2000 also requires that consideration be given by the Secretary of State for Northern Ireland to the Belfast/Good Friday agreement when making or amending flags regulations. I can confirm that the Secretary of State is satisfied that the draft regulations have regard to that agreement, and treat flags and emblems in a manner that is respectful of Northern Ireland’s particular circumstances.

Our approach to flag flying in Northern Ireland through the Flags Regulations has consistently sought to reflect Northern Ireland’s clear constitutional status as an integral part of the United Kingdom, as well as the reality of the different political ambitions within society. The draft regulations will align flag flying in Northern Ireland with the rest of the UK, while ensuring that the Government continue to meet their commitments in the Belfast/Good Friday agreement and New Decade, New Approach to align the designated days for flag flying in Northern Ireland with the rest of the UK. I ask the Committee to support the instrument.