Flags (Northern Ireland) (Amendment) (EU Exit) Regulations 2019

Lord Touhig Excerpts
Wednesday 3rd April 2019

(5 years ago)

Lords Chamber
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Why has DCMS not put out guidelines that in future we will fly the European flag on 5 May? It would not need legislation but it would require a generous and understanding heart. The fact that it has not done so shows the level to which we have now descended. We seem totally unable to understand what you do to bring communities together. We would do much better in the north of Ireland we did not make this particular regulation but left it and thought about how to discuss this with all the communities in the system that is laid down, and we would do much better in the rest of the United Kingdom if we recognised that a willingness to celebrate peace on our continent would be much better than a miserable little guideline like this.
Lord Touhig Portrait Lord Touhig (Lab)
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My Lords, tomorrow is a very important day: we are going to celebrate and commemorate 70 years since the founding of NATO. NATO has helped to keep the peace, helped to deter and helped to make us enjoy a better life here in Europe. This year also happens to be the 70th anniversary of the founding of the Council of Europe, another organisation that has helped to keep the peace and kept us working together on this continent. I declare an interest because I am a member of the Parliamentary Assembly of the Council of Europe. Noble Lords will be busy doing something else next week but I shall be in Strasbourg with colleagues, dealing with matters there.

That forum offers us the opportunity to continue partnership, dialogue and friendship with people right across our continent. What I find objectionable is that the flag that we are talking about—the European flag, as mentioned in the regulations—is in fact the flag of the Council of Europe. Here we are, at a time of celebration of the peace of NATO and of the foundation of the Council of Europe, deciding that we want to be offensive as far as the issue of flying this European flag is concerned.

I think the Government have made a big mistake here and have not really thought it through. When I talk to colleagues in Strasbourg next week, we will be working together and looking for ways to find common benefits for all the people living on our continent. However, here we are, debating these petty little regulations.

Of course, I recognise the importance and sensitivity of flags in Northern Ireland. When we debated this in Grand Committee, Members were overwhelmingly opposed to this statutory instrument, with the exception of the noble Lord, Lord Browne of Belmont. It was right that he made that point, because he lives in Northern Ireland; it was right that we heard the point of view of someone from the Province.

I am very sorry that we are having this debate and that the Government have brought this forward. I have only one question for the Minister. When these regulations were first conceived, did the Government realise that this is the flag of the Council of Europe, not necessarily the flag of the European Union? We are not leaving the Council of Europe. Was the work done? If it was not, it should have been. If it was known that this is the flag of the Council of Europe, why did we want to insult colleagues from 46 other countries across Europe by saying that this flag should not be flown at certain times?

I really cannot believe that we have this daft and stupid statutory instrument before us. It is rather shameful that, when we are celebrating the 70th anniversary of NATO and the 70th anniversary of working in the Council of Europe, we are debating this matter in this Parliament.

Lord Alderdice Portrait Lord Alderdice (LD)
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My Lords, I listen with interest to colleagues speaking about the importance of the statutory instrument and the difficulty of it for people here, saying that there might be people in Northern Ireland who are pressing for this. I want to bring the contrary view that this could in fact create real problems in Northern Ireland.

The Minister mentioned the number of flagpoles, which is a lot less important than the placing of them. There is one rather important building that has two flagpoles: the Parliament Buildings at Stormont. I know that rather well because, when I was Speaker there, I had to negotiate the question of flags, particularly whenever Her Majesty was coming. I was able to make the point to republicans and nationalists that, if they wanted recognition when a Head of State came from the Republic of Ireland, they had to be prepared to give recognition when the Head of State from the United Kingdom came.

What does this flag mean to people in Northern Ireland? Of all the absurd and nonsensical things I have heard in the last little while coming out of the Northern Ireland Office, this is one of the worst. The Explanatory Memorandum says:

“Consultation is not considered necessary, as the instrument is making a minor, technical change resulting from the United Kingdom’s withdrawal from the European Union”.


Only the Northern Ireland Office could regard the question of flags in Northern Ireland as a minor, technical question. It shows how utterly out of touch it is with pretty much everything going on in the Province. However, it is at one with a number of the statements from the Minister’s right honourable friend in another place.

When—I assume it is “when”—the United Kingdom leaves the European Union, Ireland will still be a member. One of the decisions that was emphasised in the Good Friday agreement and subsequently was that those of us who live in and come from Northern Ireland have a right to both an Irish and a British passport. I have an Irish and a British passport, as do my wife, my children and all my grandchildren. What does that mean? It means that for those people who have that passport, and therefore remain part of the European Union, any sense of their European identity will be wiped out by this silly piece of nonsense.

However, it gets worse. Many have been prepared to set the question of the flags to one side for the moment—people from the nationalist and republican communities, and many who support the Alliance Party, too. We are saying to them: not only can you not have the flag of the nation state you identify with but you cannot have the European flag, despite the fact that all of us have emphasised that the Good Friday agreement comes out of a process informed by the European project, encouraged by the European Union and inspired by the developments that have taken place in Europe. How many times have we heard John Hume talking about the French still being French and the Germans still German, but them being able to be Europeans together? All that gets blithely pushed to the side. By the way, we do not worry too much about dates in Northern Ireland. The Battle of the Boyne took place on 1 July, but we celebrate it on 12 July, and also have a mini 12 July on 1 July. We do not worry too much about the dates, as long as people do not stop folk celebrating the things that matter to them—and I think this does matter.

Flags (Northern Ireland) (Amendment) (EU Exit) Regulations 2019

Lord Touhig Excerpts
Monday 25th March 2019

(5 years, 1 month ago)

Grand Committee
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The issue cannot just be treated like this; it is much more serious. It is unworthy of the Government to have brought the measure forward as if it were necessary, when it is not. It is merely an attempt to make a point on one side of a very divisive argument. Let us not be as small and petty as that. Let us at least decide to fly it on one day. If the Government wanted to change the day, I am sure we would support that.
Lord Touhig Portrait Lord Touhig (Lab)
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My Lords, my noble friend Lord Murphy will speak shortly from these Benches. I am reminded as I listen to this debate of the words of his predecessor, Leo Abse, MP for Pontypool and then Torfaen for 30 years and responsible for more social legislation than any individual MP. When he announced his retirement, he said: “I do not know who will succeed me. My only advice is: tolerate everyone, tolerate everything, but never ever tolerate the intolerant”.

This provision is a crass act of intolerance. It is not just silly. Those of us who have served in both Houses—a number of us in the Committee today have served in the Commons and in this House—know that at times Parliament has done some silly things, but this is a stupid and offensive thing. I have the honour to serve on the Council of Europe. Together with parliamentarians from both Houses, I will be going there on 7 April for the next full session of its parliamentary assembly.

This is the 70th anniversary of the Council of Europe —we were its co-founders—which predates the European Union. We have heard Ministers and members of the Government saying time and again, “We are leaving the EU, not leaving Europe”. That point was made earlier in the debate. This is a symbol of us all in Europe. The Council of Europe is larger, older and more united than the European Union. This is the barmiest thing to do, and it is offensive. A leading Conservative, Sir Roger Gale, leads Britain’s representatives in the Council of Europe. He does it with pride and does a good job. Please do not think this is blowing our own trumpet, but I can tell the Committee that the British delegation to the Council of Europe makes a huge contribution. We take part in most of the debates; some very powerful arguments and good ideas are put forward. We are listened to and benefit from being part of this greater, wider assembly.

The symbol of the Council of Europe, of us all within Europe, should be retained. We should use it, we should fly it and—as the noble Lord, Lord Deben, has just said—if we have an issue about the date we should move it to 5 May, the date on which the Council of Europe was set up. The Government really ought to think again. As I say, this is not just silly; it is stupid and offensive.

Lord Browne of Belmont Portrait Lord Browne of Belmont (DUP)
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My Lords, Northern Ireland is the only part of the United Kingdom where under the current legislation there are 18 designated days for flying the flag on government buildings. Usually these discussions are highly contentious back in Northern Ireland; as we have heard, in extreme cases—I am thinking of Belfast City Hall—unfortunately they can lead to civil unrest. This is a delicate matter and has to be discussed in a reasonable fashion.

I take a different point of view. I think it would no longer be appropriate to fly the flag, especially if we leave Europe through Brexit, so I support the instrument before us. On a slightly wider issue, as part of the fresh start agreement negotiated by the Stormont parties in November 2015, a 15-person commission was set up to study a range of long-standing, complex and challenging areas in relation to the expression of mutual and cultural identity in Northern Ireland. One of the issues which was to be addressed in that was the unofficial flying of flags in outdoor spaces such as on lamp-posts and so on. Has that draft report been completed? If so, can its findings be published in the absence of a sitting Executive? Maybe this committee, if it is still sitting, could take up the issue. I support the flag not being flown if indeed we leave Europe.

--- Later in debate ---
Baroness Pitkeathley Portrait The Deputy Chairman of Committees (Baroness Pitkeathley) (Lab)
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I clarify for the noble Lord that although we do not vote in Grand Committee, I will take the voices. The Question is that the Grand Committee do consider the Flags (Northern Ireland) (Amendment) (EU Exit) Regulations 2019.

Lord Touhig Portrait Lord Touhig
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Not content.

Baroness Pitkeathley Portrait The Deputy Chairman of Committees
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I must remind the Grand Committee that a single call of “Not content” has the effect of negativing the Motion. With that in mind, I put the Question again.

Lord Touhig Portrait Lord Touhig
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Not content.