§ Lembit ÖpikTo ask the Secretary of State for Northern Ireland how many arrests have been made in the last five years against persons suspected of(a) erecting flags associated with proscribed organisations and (b) painting murals related to proscribed organisations; and if he will make a statement. [67220]
§ Jane KennedyThere are no criminal offences specifically relating to the above.
§ Lembit ÖpikTo ask the Secretary of State for Northern Ireland what criminal offences are committed when persons(a) erect flags associated with proscribed organisations and (b) paint murals related to proscribed organisations; and if he will make a statement. [67221]
§ Jane KennedyThere are no criminal offences which relate specifically to the circumstances you describe. There are however a range of offences which might be employed, for example:
In relation to flags associated with proscribed organisations
- 1. Breach of the Peace (Common Law)
- 2. Provocative Conduct in Public Place or at Public Meetings or Procession (Article 19(1) Public Order (NI) Order 1987 which states "A person who in any public place or at or in relation to any public meeting or public procession:
with intent to provoke a breach of the peace or by which a breach of the peace or public disorder is likely to be occasioned (whether immediately or at any time afterwards) shall be guilty of an offence"
- (i) uses threatening, abusive or insulting words or behaviour; or
- (ii) displays anything or does any act; or
- (iii) being the owner or occupier of any land or premises, causes or permits anything to be displayed or any act to be done thereon,
- 3. Intimidation (Section 7, Conspiracy and Protection of Property Act 1875) which states, "Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing wrongfully and without legal authority—
shall be liable on summary conviction to imprisonment for a time not exceeding six months or a fine not exceeding level 5 on the standard scale or both".
- (i) uses violence to or intimidates such other person or his wife or children, or injures his property; or
- (ii) persistently follows such person about place to place; or
- (iii) hides any tools, clothes or other property owned or used by such other person or deprives him or hinders him in the use of thereof; or
506W - (iv) watches or besets the house or other place where such other person resides, or works or carries on business or happens to be, or the approach to such a place; or
- (v) follows such person with two or more other persons in a disorderly manner in or through any street or road,
In relation to the painting of murals related to proscribed rganisations:
- 1. Breach of the Peace (Common Law)
- 2. Use of Words or Behaviour or Display of Written Material (Article) 9(1) Public Order (NI) Order 1987) which states, "A person who uses threatening, abusive or insulting words or behaviour or displays any written material which is threatening, abusive or insulting is guilty of an offence if—
- (i) he intends thereby to stir up hatred or arouse fear; or
- (ii) having regard to all the circumstances hatred is likely to be stirred up or fear is likely to be aroused thereby".
- 3. Criminal Damage (Article 3(1) Criminal Damage (NI) Order 1977) which states, "A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would he destroyed or damaged shall be guilty of an offence".
It must be emphasised that contemplating any such prosecution of the above is strictly dependent on the individual circumstances of the case. For instance what may intimidate, provoke etc. a particular reaction at an interface, may not have the same effect in the middle of a Loyalist or Republican estate.