HC Deb 25 February 1954 vol 524 cc560-2

The following Question stood upon the Order Paper:

39. Mr. M. O'NEILL

To ask the Secretary of State for the Home Department, if he has considered the Flags and Emblems (Display) Bill now before the Northern Ireland Parliament, which Bill gives power to prohibit the display in Northern Ireland of the national flags of friendly nations; and, in view of the danger that these provisions may involve the United Kingdom in unfriendly incidents with other powers, what steps he proposes to take to prevent the enactment of this legislation.

Captain Orr

On a point of order. This Question refers almost entirely to legislation which is at present before the Parliament of Northern Ireland, dealing with a matter for which, under the Act of 1920, that Parliament has full power to legislate. I wonder, Mr. Speaker, if for our future guidance you would be good enough to tell us the considerations which led you to permit the Question to appear on the Order Paper?

Mr. Speaker

In its terms the Question deals with the effects of legislation of this sort upon our foreign relations with other powers. Foreign relations are a subject reserved to the Parliament and Government of the United Kingdom. Of course, the hon. Member is quite right in pointing out that we have nothing to do with the internal aspects of legislation passing through the Parliament of Northern Ireland.

Captain Orr

Further to that, may I inquire whether in future we may have any protection against legislation which appears before the Parliament of Northern Ireland being challenged by a Question alleging that such legislation has some possible hypothetical effect upon foreign relations?

Mr. Speaker

We must judge each case on its merits. After come doubts, I thought that there was some ground for the hon. Member's Question, and I allowed it.

Major Anstruther-Gray

With respect, Sir, ought not this Question therefore to have been addressed to the Foreign Office, rather than to the Secretary of State for the Home Department?

Mr. Speaker

It is correctly addressed to the Secretary of State because he is responsible for relations between Great Britain and Northern Ireland.

Sir D. Maxwell Fyfe

The answer to the Question is: The Bill is directed towards the preservation of public order in Northern Ireland. Section 4 of the Government of Ireland Act, 1920, expressly empowers the Parliament of Northern Ireland to legislate on this matter. I have no responsibility for it, and it would not be proper for me to express an opinion about it.

Mr. O'Neill

Is the Minister aware that, far from this Bill being in the interests of peace in the six counties, it is designed to insult the vast majority of the Irish people? Is he further aware that the Northern Ireland Government have been forced, by intimidation, to accept this Measure?

Mr. Speaker

I think that refers to the internal aspects of the matter and not to the one on which I allowed the Question.

Captain Orr

On a point of order. I invite you, Mr. Speaker, after further consideration of this matter, to take some note of the reply of my right hon. and learned Friend the Home Secretary.

Mr. Speaker

The reply of the right hon. and learned Gentleman was perfectly proper, but it was for him to give that reply and not for me.

Mr. Healy

Does not the right hon. and learned Gentleman think it dangerous to place in the hands of a sergeant of the Royal Ulster Constabulary the power to allow or to refuse the flying of a flag of a friendly nation? Does not this lend point to the suggestion that this is a police State?

Sir D. Maxwell Fyfe

Once the matter has been stated to be—as it undoubtedly is—a matter of law and order, it is not for me to criticise or to comment on what is done.

Mr. Speaker

The reply of the right hon. and learned Gentleman has made it perfectly plain that this matter refers to internal law and order in Northern Ireland, with which we have nothing to do.