Flags and Emblems (Display) Act (Northern Ireland) 1954
 | |
| Long title | An Act to make provision with respect to the display of certain flags and emblems. |
|---|---|
| Citation | 1954 c. 10 (N.I.) |
| Dates | |
| Royal assent | 6 April 1954 |
| Commencement | 6 April 1954 |
| Repealed | 1 April 1987 |
| Other legislation | |
| Repealed by | Public Order (Northern Ireland) Order 1987 |
| Relates to | |
Status: Repealed | |
The Flags and Emblems (Display) Act (Northern Ireland) 1954 (c. 10 (N.I.)) was an act of the Parliament of Northern Ireland, passed in 1954. It was repealed under the direct rule of the British government, by the Public Order (Northern Ireland) Order 1987.
It was bitterly resented by nationalists who saw the Act as being deliberately designed to suppress their identity. Although it did not refer explicitly to the Irish tricolour, it did the Union Flag.[1] The Act gave the Royal Ulster Constabulary a positive duty to remove any flag or emblem from public or private property which was considered to be likely to cause a breach of the peace, but legally exempted the Union Flag from ever being considered a breach of the peace. As a result, of all the flags likely to be displayed in Northern Ireland, almost exclusively the Irish tricolour would be deemed a breach of the peace.[2]
The Act was introduced at a time of some turmoil within unionism in Northern Ireland, dissent that was viewed with alarm by the Ulster Unionist government, and the legislation was initiated amid the pressure emanating from that dissent.[3] Hard line unionists accused the government of appeasing nationalists; a more lenient approach by government to some nationalist parades had led to an increase in the flying of the Irish Tricolour.[3] Likewise, the Coronation celebrations had led to the erection of Union Flags, not only in unionist enclaves, but in nationalist areas where disputes erupted and where some Union Flags were taken down and replaced with Tricolours.[4] Nationalists had also organised boycotts of shops which openly celebrated the coronation with the display of the Union Flag, increasing tension and unionist fears.[1] The Act took over some of the powers of the Civil Authorities (Special Powers) Act (Northern Ireland) 1922.
Violations of the Act were punishable by up to a fine up to £500, or up to five years in prison.
The enforcement of the Act could on occasion lead to rioting, most notoriously during the UK General Election of 1964 on the lower Falls Road in Belfast.
The Act is vague in defining both which agencies are responsible and defining the scope of the offences.[5]
According to a committee report of the Northern Ireland Assembly, the Act has led to the mistaken belief of certain members of the Unionist community that it continues to be illegal to fly the Tricolour, even though the Act has been repealed.[6]
References
[edit]- ^ a b Patterson, Henry (2006). Ireland since 1939: the persistence of conflict. Dublin: Penguin Ireland. ISBN 978-1-84488-076-8.
- ^ "Flags and Emblems" (PDF). National Archives, Ireland. 30 January 1985. Archived (PDF) from the original on 26 February 2019. Retrieved 4 October 2024.
- ^ a b Patterson, Henry (25 June 2008). "Party versus order: Ulster Unionism and the Flags and Emblems Act". Contemporary British History. 13 (4): 105–129. doi:10.1080/13619469908581562. ISSN 1361-9462.
- ^ Gailey, Andrew (1995). Crying in the wilderness: Jack Sayers ; a liberal editor in Ulster, 1939 - 69. Belfast: Institute of Irish Studies, Queen's University of Belfast. ISBN 978-0-85389-540-4.
- ^ Bryan, Dominic; Gillespie, Gordon (2005). Transforming Conflict: Flags and Emblems. Belfast: Institute of Irish Studies. ISBN 9780853898788.
- ^ "Report on Draft Regulations proposed under Article 3 of The Flags (Northern Ireland) Order 2000". Northern Ireland Assembly. 2000. Archived from the original on 28 February 2013. Retrieved 3 October 2024.