UK Independent Reviewer of Terrorism Legislation and UDA flags in Belfast: Terror watchdog says new law will apply to all flags and memorials - whether loyalist or republican

The UK Independent Reviewer of Terrorism Legislation, Jonathan Hall, said this week he was shocked last year when he visited the PSNI training centre in east Belfast and found it surrounded by UDA flags.

This prompted him to propose legislative changes to the UK Crime and Policing Bill to allow the PSNI to remove them.

Presently the PSNI can only seize flags if they intend to prosecute someone, but his proposals will remove this requirement.

Mr Hall and the PSNI both said discretion will be used in deciding which cases to enforce.

However, concerns have been raised that while flags are popular with loyalists, the IRA often marks territory with memorials and lamppost signs.

UUP MLA Doug Beattie was concerned that the new drive would focus on flags disproportionately.

"I am concerned that memorials seem to be forgotten as we yet again focus just on flags," he said.

"I want to see all terrorism related memorials, murals and flags removed from our society."

He noted that almost all army and police memorials have now been removed from public view.

The proposals may remove flags in sensitive cases, but community agreement, as is working in Portadown, will be more effective generally, he said.

However, Mr Hall has now told the News Letter that despite the loyalist flags that prompted him to act, his new legislation could equally apply to republican memorials and lamppost signs.

"UK terrorism legislation is threat-neutral, which is a good thing," he told the News Letter yesterday. "The new power in the Crime and Policing Bill, if passed by Parliament, will apply equally to the seizure of flags or other articles displayed in support of proscribed Republican organisations, as it does to those in support of proscribed Loyalist organisations."

His proposed clause states it will "enable the police to seize any article displayed in a public place if it arouses reasonable suspicion that an individual is a supporter or member of a proscribed organisation, without the need for the article to be used in criminal proceedings".

Chief Constable John Boutcher said recently that he wants new legislation to deal with flags.

A PSNI spokeswoman said: "The operational guidance in relation to the removal of materials includes relevant legislation, points for consideration and that each incident will be judged independently to assess the most appropriate way forward in the circumstances, which may include removal of the item and the commencement of an investigation.

"Police will use all powers available, alongside our operational discretion to deal with material on a case by case basis. This includes those powers directed at offences relating to all proscribed organisations.

"The action we can take includes appropriately alerting or advising land and property owners of the presence of offending material and requesting its removal by them. This is particularly relevant where there is no necessity, and in some cases, no express statutory power, to seize material as evidence.

"Other government agencies have their own role to play in the removal of flags on their infrastructure and property. Any amendments to legislation to provide additional police powers is a matter for the legislature."