The Alliance Party in Ards and North Down has blocked a policy which would have seen an increase in flying of the union flag at public spaces in the borough.
Alliance successfully used the “call-in” mechanism of local government law at Ards and North Down Council to stop a council-agreed TUV proposal to amend flag policy. It proposed flying the flag permanently at all 13 war memorials in the borough, and at the council buildings at Church Street, Newtownards.
The most recent system at Ards and North Down, voted in by the council only three years ago, had the union flag flown permanently at seven designated sites around the borough. The flag was flown for 15 days per year at Church Street.
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Last April, in a meeting away from the public, unionist votes carried the TUV proposal at committee level. During the ratification process at the full council meeting in January, the TUV proposal went to a recorded vote in public. Alliance, the Green Party, the SDLP and an independent voted against the proposal with 13 votes, while the DUP, UUP, TUV and various independents voted in support, with 20 votes.
Councillor Stephen Cooper, who proposed the change in flag policy when he was a member of the TUV, became an independent weeks after this vote when he quit the party amidst harassment allegations from a female party member.
Earlier this year, the TUV said his resignation came ahead of the conclusion of an internal probe into the complaint. In the statement, the party said Cllr Cooper had 'apologised for any actions which have caused hurt or distress to the complainant'.
According to local government law, only 15 percent of a council is required to call-in a decision, setting off independent legal examination, and in the case of the flag decision at Ards and North Down Borough Council, an equality impact assessment.
If the call-in is seen as competent, it will go back to council, where the original proposal has to then pass an 80 percent threshold of the vote to be successful.
Councillors have to give reasons for any call-in, explaining why they believe the decision “was not arrived at after a proper consideration of the relevant facts and issues” and why they believe the decision “would disproportionately affect adversely any section of the inhabitants of the district.”
The TUV flag proposal was successfully called-in, and at the full Ards and North Down Council meeting at Bangor Town Hall this week, there were heated exchanges as votes from the Alliance Party, the Greens, the SDLP, and an independent stopped the new flag proposal reaching the 80 percent threshold required.
Former TUV, and now independent Councillor Stephen Cooper said at the meeting: “I respect that other people have different viewpoints on orange and green, on constitutional positions, but the fact remains, and the salient point is this - it is our national flag. It is the democratic wish of the people of this borough, because they have voted a majority of unionists into this chamber.”
DUP Alderman Stephen McIlveen said: “For us to pass this redetermination tonight, 80 percent of us have to vote in favour of it, which means nine councillors (out of 40) can block this. That is what we were handed down with the legislation and through our standing orders.
“So really, this is a plea to the nine councillors to respect the wishes of the equality impact assessment, to respect the democratic wishes that were expressed in this council, and to allow this to pass.”
Alliance Alderman Alan McDowell told the chamber: “Nobody will be surprised to learn the Alliance Party has a long-standing and well-known policy to support the flying of the union flag on council civic headquarters on designated days.”
He added: “This party policy is a balanced arrangement, reflecting the policy in place for other government buildings in Northern Ireland, acknowledging the constitutional status of Northern Ireland, while upholding the legal obligations to promote good relations and ensure good and harmonious working environments.
“In approaching the proposal to fly more locations 365, and at Church Street, we are conscious of the equality impact assessment final decision report. The legal advice that we received - and as we are not in committee I cannot highlight some of the legal advice - but I think it is very important everybody understands the significance and the risk to this council in relation to that advice.”
He said the Royal British Legion had “previously opposed proposals in 2013 to fly the union flag permanently at the cenotaph at Belfast City Hall, arguing the Garden of Remembrance was sacrosanct and should not be politicised.” He added: “We have had no request from the Royal British Legion for the flying of the flag 365 days a year.”
He said: “We believe this is a political move that cannot be supported.” In regards to Church Street in Newtownards he said the proposal presented “serious legal risks” in relation to the Fair Employment and Treatment Northern Ireland Order 1998, and the Equality Commission guidance.
The EQIA report on the proposal stated: “The overwhelming majority of respondents to the public survey (85.1 percent) felt that the Union flag should fly all year round at Church Street, while 84.7 percent felt that the Union Flag should fly permanently at war memorials.
“Not surprisingly, and in common with previous surveys, community background emerged as a highly significant predictor of attitudes towards this issue, with Protestant respondents and those who identified as British being overwhelmingly supportive of the proposed policy, while Roman Catholic respondents largely rejected the proposal and most especially with regard to flying the Union flag permanently at Church Street.
“Among staff, levels of support for the flying of the Union flag permanently at Church Street were less strong than among the general public. While 42 percent agreed that it should fly permanently, an equal number (42 percent) stated that it should only fly on designated days, and 16 percent never.
“When asked about the likely impact of the proposed policy on the promotion of a good and harmonious working environment, 24 percent either agreed or strongly agreed that the proposed policy would have a positive effect (including 33 percent of Protestant respondents), while close to half (47 percent) suggested that the effect would be either negative or very negative.
“In combination, while the sample size in both surveys was relatively low in relation to the respective populations (and hence the scope for drawing strong statistical inferences is constrained), these data do suggest strong community support for the proposed policy in terms of both Church Street and affected war memorials, but a more equivocal reaction from staff. In both surveys, while numbers are low, those who self declared as Roman Catholic are far less welcoming of the proposed change to policy.”
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