Law is failing us in the face of growing ‘up the Ra’ taunts says Jim Allister - and here's how to fix it

The TUV leader, whose political life has been interspersed with stints as a barrister ever since he qualified in 1976, was commenting in the wake of the latest example of someone allegedly being taunted with the phrase – namely, Edwin Poots.

An individual reportedly uttered the phrase to the South Belfast DUP MLA on a flight at the weekend, prompting a police investigation (but no arrest at time of writing).

Prior to that incident, there had been a number of examples throughout the year of people using the phrase across the island of Ireland, ranging from a woman who chanted it to Arlene Foster (whose father was shot in the head by the IRA) and members of the Ireland national women’s football squad who sang it as a victory celebration (leading to a 20,000 Euro fine for “violation of the basic rules of decent conduct”).

Baroness Foster says she is considering drawing up a new law which could penalise people for “glorifying” outlawed organisations and their members.

Mr Allister KC condemned the current “disgusting and politically-inspired upsurge” in such activities, and told the News Letter it should indeed spark an “examination of the adequacy of our present public order laws”.

He said: “The relevant law presently lies in Articles 9, 18 and 19 of The Public Order (NI) Order 1987.

“Article 9 makes it a criminal offence to use threatening, abusive or insulting words if the intention or likely consequence is to stir up hatred or arouse fear.

“Article 18 creates the offence in a public place of disorderly behaviour or behaviour whereby a breach of the peace is likely to be occasioned.

“Article 19 makes it an offence in a public place to use threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or by which a breach of the peace is likely to be occasioned.

"Whereas, shouting or singing ‘Up the Ra’ is likely to qualify in many circumstances as the use of threatening, abusive or insulting words, the let out in Articles 9 and 19 is the need to prove intent or likely consequences.

"Even the slightly more robust Article 18 is beset by the requirement to prove beyond all reasonable doubt that a breach of the peace is likely to be occasioned.

"Thus, the present law is inadequate to deal with gratuitous shouting of ‘Up the Ra’ unless the place and circumstances are likely to cause a breach of the peace.”

He would like to see this law amended so that “any use of words which honour, glorify or otherwise praise any proscribed organisation or their actions, past or present, shall be presumed to be intended to stir up hatred, arouse fear or provoke a breach of the peace”.

This would then put the onus on the accused to disprove the presumption that this is what they intended, therefore “the prospects of conviction of such abhorrent behaviour greatly improved”.

He said there likewise needs to be a beefing up of the law governing the internet, to make the broadcast of such material a specific offence.

More from this reporter:

~ Remembering 10-time MP who fought fascism, 30 years after IRA-linked death

~ Bloody Friday: Mapping the horror of IRA fatal bomb blitz across Belfast exactly 50 years ago today – News Letter tries to cut through the confusion around how many bombs were planted

~ VIDEO: Listen to IRA commander in charge of Bloody Friday claim ‘we absolutely did not intend to kill anyone’ with over 20 explosions at civilian targets on a Friday afternoon