UUP leader Jon Burrows voices concerns about new flag removal bill while stressing he has 'zero tolerance' for terror emblems

While he has concerns about the impact the draft law would have on legal national flags, he said there must be “zero tolerance” for the flags of terrorist groups.

However, he also noted that paramilitary flags are already against the law – it’s just that the law is not applied.

The UUP leader was reacting to the Display of Flags and Emblems Bill, which was laid before the Assembly on Tuesday by Alliance South Belfast MLA Paula Bradshaw.

The DUP and TUV had earlier voiced their own objections to the bill.

The bill aims to make it clear the Department for Infrastructure has "lead responsibility" for taking down flags from street furniture it owns, like lampposts.

It says that flags must be removed if "in the opinion of the department" they are paramilitary in nature, "intimidatory or threatening", or "likely to stir up hatred or arouse fear".

Next, there will be a presumption to remove if a flag is in a "sensitive" area and is deemed "antagonistic, or not conducive to good community relations" or as "demarcating that place as belonging exclusively to persons with a particular national or cultural identity".

The bill states that a “sensitive” area could be a shopping centre, arterial road, a new housing development, a park, "a place where public services are provided," or "any other place that persons of all national and cultural identities could reasonably be expected to have access to".

Sinn Fein has yet to state an official position on the bill, its West Tyrone MLA Maoliosa McHugh told MLAs this week that parties must not be “putting their heads in the sand and pretending that this isn't an issue”.

He added that it is “a perennial issue that I've been involved with for a long number of years” and that parties should “grasp the nettle”.

Giving his own views, Mr Burrows told the News Letter: “The UUP believes the Union Flag should be flown with the respect and dignity it deserves.

"Equally, there should be zero tolerance for flags and emblems that glorify or support terrorism.

"Such displays are already unlawful in many circumstances under existing terrorism and public order legislation, and those responsible should be investigated and, where the evidence exists, prosecuted.”

But he said there has been “a lack of willingness by the authorities to enforce the laws that already exist”.

Mr Burrows said the party will mull over the bill’s details, but at first glance it “raises a number of significant concerns”.

"First, it risks treating the national flag and other lawful flags and emblems in the same way as those that glorify terrorism,” he said.

"Second, where lawful flags and emblems are concerned, the long-term solution has always been to secure community agreement on where they are displayed, how they are displayed and for what period of time.

"Legislation alone cannot substitute for local consensus.”

Thirdly he said the bill overlaps with existing criminal offences, saying: “Where a flag or emblem is used to stir up hatred or to support or glorify a proscribed terrorist organisation, existing terrorism and public order laws already provide offences and enforcement powers.

"The real issue is not necessarily the absence of legislation, but whether existing laws are consistently enforced."