Palestine flag will not fly over Belfast City Hall on Saturday as planned after barrister critiques decision

​Instead councillors in Belfast have been summoned to a special meeting to discuss the issue at 5.30pm on Monday, just before the monthly meeting of the full council following afterwards.

TUV deputy leader Ron McDowell, a Belfast councillor, welcomed the news, citing “the damage to community relations that would have arisen had the proposal proceeded”.

The controversy stems from the meeting of the full council at the start of the month, when members approved a Sinn Fein proposal to fly the national flag of Palestine on November 29, the UN’s International Day of Solidarity with the Palestinian People.

A vote saw 41 in favour from Sinn Fein, Alliance, the SDLP, the Green Party and People Before Profit, and 15 against from the DUP, the UUP and the TUV.

This decision was subsequently ‘called in’ by 12 unionists – 10 DUP councillors, one UUP councillor and one TUV councillor.

The call-in involved a barrister outside the council examining the decision, and advising the council of her opinion.

She has now confirmed that the decision to fly the flag was not equality screened and did not pay due regard to workplace regulations (though she did not believe the decision would have “an adverse impact on the Jewish community”, as the unionists had claimed).

The barrister, Denise Kiley KC, stated “there is merit in the call-in request” because “the decision was not arrived at after a proper consideration of relevant facts and issues”.

The council report on the upcoming meeting states: “In the interim, and for the avoidance of doubt, council is advised that the legal opinion cannot be treated as determinative.

“It is for the council itself to determine whether there is merit in the community impact ground; IE, that the original decision would have a disproportionate adverse impact upon a section of inhabitants in the district, having regard to the appended documents and any other relevant considerations.

“Should the council decide there is merit in the community impact ground relied upon, that decision will dictate the voting mechanism then to be undertaken on the reconsideration of the original decision.

“If it is determined that there is no merit in the ground, then the decision should be taken by simple majority.

“If it is determined that there is merit in the ground, then the decision should be taken by a qualified majority.”

Mr McDowell said: “I welcome the news that the Palestinian flag will not be flown over City Hall tomorrow (November 29)…

“The motion, put forward by a nationalist/Alliance conglomerate, was not motivated, I believe, by a sincere attempt to show sympathy with those suffering in Palestine.”

Rather, he said, “it was an attempt to attack Israel”.

He concluded: “Let me be very clear about this: there should be only one flag flying from the central mast at city hall, and that is our own Union Flag.”

As of December 2012, the council voted to limit the number of days the Union Flag can fly at the hall.