UK Parliament / Open data

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

My Lords, the regulations before your Lordships today seek to align flag-flying days in Northern Ireland with the rest of our United Kingdom. As many noble Lords will be aware, the Flags Regulations (Northern Ireland) 2000, introduced by the noble Lord, Lord Mandelson, for the then Labour Government, provided that, on certain designated days, the union flag and in certain circumstances other flags must—I repeat, must—be flown on 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 were extended to court buildings in Northern Ireland.

Noble Lords will also recall that the New Decade, New Approach agreement in January 2020, which saw the restoration of devolved government in Northern Ireland after a period of almost three years, contained a UK government 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 updated 2022 list of designated flag-flying days was published by DCMS on 11 February this year, and it states that Her Majesty the Queen’s two birthdays and the birthday of His Royal Highness the Prince of Wales are the only royal birthdays to be observed for the purposes of flag flying. The regulations before your Lordships today will ensure that flag flying in Northern Ireland is aligned with this updated DCMS guidance and the policy followed across the rest of the UK. Prior to publishing the list of designated days, DCMS consulted a wide range of interested parties, individuals and bodies. I can confirm that the updated designated days reflect very clearly the wishes of the palace; the Committee should take note of that.

I understand that some Members will be disappointed that the number of designated flag-flying days in Northern Ireland will be reduced as a consequence of these regulations. I stress that our approach to flag flying in Northern Ireland through 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 different political aspirations and sensitivities that exist across society.

I also point out that, as designated days are a matter of law in Northern Ireland, revised regulations must be considered by the Assembly ahead of being approved by both Houses of Parliament here in Westminster. I can inform noble Lords that, ahead of the most recent Northern Ireland Assembly election, Members of the Northern Ireland Assembly considered and approved these regulations on 15 March this year.

The 2000 flags order also requires that consideration be given by the Secretary of State for Northern Ireland to the Belfast agreement when making or amending flags regulations. I confirm that the Secretary of State is satisfied that these regulations are in accordance with the provisions of the Belfast agreement and that the regulations treat flags and emblems in a manner respectful of Northern Ireland’s particular circumstances.

The Government will continue to ensure that our approach to flag flying reflects the sovereignty of the United Kingdom in Northern Ireland, our Belfast agreement commitments and the need for sensitivity. On that note, I look forward to contributions from noble Lords today but commend this largely technical instrument to the Committee. I beg to move.

About this proceeding contribution

Reference

824 cc1-2GC 

Session

2022-23

Chamber / Committee

House of Lords Grand Committee
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