Freedom of speech fears after Belfast City Council officials pushed Public Address code of conduct without councillor scrutiny
Concerns have been raised about freedom of speech in Belfast City Centre after officials tried to impose a Code of Code of Conduct on anyone using a Public Address system without submitting the restrictions to councillors for scrutiny.
In 2022 some councillors expressed concern about "hate speech" from street preachers around City Hall.
The council then held a series of public consultations about how to deal with the issue.
The resulting draft bylaws, passed by council committee last month, would restrict preachers and buskers who use a Public Address system to 70 decibels, reportedly akin to the sound level of a vacuum cleaner.
Breaching the rules could bring a fine of £500.
However at full council last week the plans were sent back to committee after Alliance, DUP, Greens and People Before Profit all raised concerns - including worries about restrictions on trade union protests.
But now concerns have been raised about the proposal of a Code of Conduct in the draft plans, which preachers and buskers would be required to adhere to.
Under the heading, 'Behaviour and Conduct of Performers', in point 6 the proposed bylaws say: "A Performer must comply with any Code of Conduct issued by the Council, which may be amended from time to time".
A council spokeswoman said this detail was outlined in the public consultation in 2023, came before committee on 21 November and again before full council on 1 December.
She added: "Obviously, with the revised bye-laws now coming back before committee again, it will be for elected members to again discuss what is proposed and decide on the way forward."
Asked who proposed the code of conduct, she said the plans were "drafted by council staff" and have not been discussed by councillors.
DUP Alderman Dean McCullough said he has raised concerns that "an undefined and unpublished Code of Conduct had been inserted" into the plans.
"An undefined Code of Conduct — a document that does not yet exist, has never been published, and, to the best of my knowledge, was not brought before elected members — has been inserted into this process and can be amended ‘from time to time’," he told the News Letter.
He added: “This level of uncertainty naturally creates mistrust and, in my view, increases the risk of viewpoint-based restrictions developing incrementally.”
Civil liberty campaigner Nathan Anderson of Liberty NI had similar concerns.
He said details of such a code do not yet exist, have not been published, "and were never placed before councillors for consideration or approval".
He added: "The wording also appears to allow officials to amend this Code at any time without public scrutiny. An unpublished or future document cannot lawfully regulate religious, political or community expression.”
The impact on street preachers is a particular concern for him.
" An undefined Code of Conduct could impose restrictions on language, content, tone or style of preaching, yet no one can know what rules may be added later,” he added.
An Alliance spokeswoman said the bylaws are going back to committee to be "totally renegotiated", and all issues are now up for discussion.
The party said no content for any code was included in the papers circulated to councillors, apparently confirming that no code has yet been drafted.
Sinn Fein and SDLP were invited to comment.