AQO 1643/17-22 Oral question to the Minister for Infrastructure
To ask the Minister for Infrastructure whether she plans to bring forward legislation to regulate the flying of flags and banners on street furniture.
Asked by Paula Bradshaw MLA on 18 February 2021
- Answered
- Oral
- Answered in the Chamber
- Tabled
- 18 February 2021
- Answer due by
- 1 March 2021
- Answered
- 1 March 202111 days after tabling
- Department
- Department for Infrastructure
- Priority question
- No
Answer
Answered in the Assembly Chamber on 1 March 2021. Extract from the Official Report (Hansard), including any supplementary questions:
Ms Mallon
I thank the Member for her question. The flying of flags and the attachment of emblems to departmental street-lighting columns is an offence under the Roads Order 1993, and my Department has the power to remove them from its property. One of my Department's primary considerations is the safety of the public, and where unauthorised flags or attachments pose a hazard to road users, my Department will always seek to remove that danger. Where there is no such danger, my Department will liaise closely with other key stakeholders to seek to develop a solution. While recognising my Department's responsibility, the reality is that if we, as a society, are to find a sustainable and lasting solution to the problem of illegal flags and emblems, we must all step up. That includes not only me and my Department but other Executive leaders as well as Members of all parties in the Assembly. This area is being explored by the Commission on Flags, Identity, Culture and Tradition, which was set up as part of the Fresh Start Agreement, and I understand that the report has issued to the Executive Office. I wrote jointly with the Justice Minister on the issue of flags to the Executive Office on 18 September last year, and I have asked for sight of the commission's report so that, collectively, we can make progress on this important and challenging area.
Ms Bradshaw
Thank you, Minister. The Executive Office responded to a question for written answer from me regarding the commission's report, and indicated that the junior Ministers were establishing a working group to look at its recommendations and findings. Have your Department's officials been invited onto that working group, and what role could they play on it?
Ms Mallon
I am not aware of a working group being set up, so I cannot comment on the involvement or otherwise of my officials, but I will certainly look at that. With the Justice Minister, I wrote to the Executive Office on 18 September. Unfortunately, I have yet to receive a response. I am committed to doing what I can to address this long-running problem in our society, but, as I said, we will find a lasting and sustainable solution only when we work collectively.
Mrs D Kelly
It is deeply troubling that the Minister wrote on such an important issue on 18 September, because, in my constituency and others, we have seen the erection of sinister posters of late, and people would question why they are allowed to remain on street furniture. Minister, do you share my concern that the Executive Office is not showing due diligence on and consideration of that report? Why has it not been shared with you yet, given that your Department would play a central role?
Ms Mallon
Unfortunately, I am not in the Executive Office, so I cannot answer questions on its behalf. What I can say is that I am up for trying to trying to address this wider societal problem with all my Executive colleagues, all parties in the House and all councils and communities. It is a long-running issue; we need to address it. As you say, we have seen the erection of posters on Brexit and the Irish Sea border. We have seen inflammatory messages throughout our history that cause intimidation and great upset. It is long past time that, as a society, we came together and found a lasting solution.
Mr Beggs
The Minister acknowledged, rightly, that she already has the power to remove many banners should she so wish. Since the creation of the border down the Irish Sea, we have a very aggrieved unionist community, and there has been no attempt to gain cross-community support and honour the protections in the Belfast Agreement.
Does the Minister acknowledge that, were her officials to attempt to remove non-threatening banners that were erected peacefully and democratically, it is likely that they will be replaced by many more?
Ms Mallon
I thank the Member for his question. I understand that there is a sense of anxiety in the unionist community. However, that requires leadership and honesty. The truth is that there has been no change to the constitution. I urge people, when they are making comment, not to use terminology like "guerilla warfare" and to be mindful that our words have serious impact. When people are feeling anxious, we should be honest with them and try to address those anxieties. I brought forward a suggestion in the Executive that we find consensus, as an Executive, to request a three-month extension to the grace period while trying to find pragmatic solutions to the difficulties that businesses face and while working to maximise the opportunities that can be presented. Unfortunately, to date, I have not been able to secure the support of my unionist colleagues to do that. However, I have no interest in causing division or anxiety. All that I want to do is work hard as the Minister for Infrastructure with my Executive colleagues so that we can improve the lives of all citizens, whatever their political persuasion.
Mr Boylan
Following on from that, what is the Department's approach to dealing with the flying of flags and banners? Has she any statistics on the number of times that the Department has been asked to remove such items?
Ms Mallon
I thank the Member for his question. Where flags have not been attached securely to lamp posts, it is possible that the detachment of flags and other materials from lamp posts and other street furniture could distract or injure road users. Fortunately, there have been no significant incidents of that nature to date. My Department has removed successfully and discreetly a small number of flags and banners over recent years. Records of that are not kept. Records were kept previously, but that practice ceased around six years ago.
Mr Storey
I thank the Minister for her answer. However, I have to take issue with her when she says that her Department takes measures to remove such emblems. Having written to a previous Minister, Mr Kennedy, and raised the matter repeatedly, we still have, in the village of Rasharkin in my constituency, signs from republican organisations that do not have the support of the community. They should have been removed a long time ago. That is a failure by your Department, Minister, to deal with the issue in a village that has been subjected to a lot of intimidation in the past, part of which emanates from those illegal signs.
Mr Deputy Speaker (Mr McGlone)
Does the Member have a question?
Mr Storey
When will they be removed? Can I have an assurance that they will be removed?
Ms Mallon
I thank the Member for his question. Let me be unequivocal about this: I have no support for or any truck with the erection of flags or emblems that cause intimidation to anyone. However, this is the complexity of the issue: in a previous question, Mr Roy Beggs appealed to me not to remove emblems that had been erected in one part of Northern Ireland, and you now request the removal of emblems in another part. The reality is that the Minister for Infrastructure, whatever political party they belong to, will never be able to find a lasting solution to the issue. It requires political leadership. It requires the Executive to come together to address the issue holistically, collectively and responsibly.