HC Deb 10 January 1985 vol 70 c893
9. Mr. McNamara

asked the Secretary of State for Northern Ireland if he will make a statement on his policy towards the repeal of the Flags and Emblems (Northern Ireland) Act.

Mr. Scott

The Government recognise that there are strong feelings in Northern Ireland both for and against repeal of the Flags and Emblems (Display) Act (Northern Ireland) 1954. We have no plans for repeal, but the use of, and need for, the Act is kept under review.

Mr. McNamara

Why not repeal it? There have been no prosecutions under the Act, and the standing advisory commission on human rights almost 10 years ago recommended its repeal. This would eliminate a cause of annoyance to an important section of the community and would be one of the sympathetic gestures which we were led to understand we might get from the Prime Minister ever since she threw out the Forum report.

Mr. Scott

The hon. Gentleman has put forward one side of the argument. He will be as aware as I am that there is another side of the argument, and the Government will want to consider both sides before coming to a conclusion.

Mr. McCusker

Does the Minister agree that, irrespective of whether the Act is repealed, the police would still have to intervene when the flaunting of a flag or emblem was likely to lead to a breach of the peace?

Mr. Scott

The hon. Gentleman is right. The Act has not been used since at least 1969 and the Royal Ulster Constabulary is confident that it has sufficient powers under public order legislation to deal with any provocative use of flags or emblems.

Sir John Biggs-Davison

May we not dispense with this legislation when there is effective immunity for those who may wish to fly the Union Flag in the South?

Mr. Scott

I think that we want to look at legislation in Northern Ireland and how useful it is within the context of the situation there. We shall of course bear in mind my hon. Friend's views, together with all the others that are expressed on this matter.

Mr. Bell

Given the exchanges with the Minister, is it not a fact that the only time the Act was enforced in the mid-1960s it sparked off the Divis street riot, and as it appears that the same powers exist under the common law in order to prevent a breach of the peace, is not the Act superfluous and irrelevant, and should it not therefore be repealed?

Mr. Scott

The powers exist under the Public Order (Northern Ireland) Order 1981, and it is those powers that the RUC uses. That is a factor that we shall bear in mind in coming to a decision.