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.