Flag and emblems: Concerns lead to revised Derry & Strabane street trading rules

A majority also backed the development of a joint enforcement protocol with the PSNI for street trading at events.

However, the DUP and UUP elected representatives on the committee voted against the recommendations.

At the September meeting of full council it resolved to review the licensing processes after concerns were raised regarding the alleged display and sale of flags including UVF and Paratroop Regiment flags during the Apprentice Boys of Derry parade on Saturday, August 13.

Stating his party’s intention not to support the recommendations, DUP Alderman Maurice Devenney said: “There have been issues in and around what was for sale at the Apprentice Boys parade and very, very clearly coming back from the PSNI was that there was nothing illegal.

“How are we to expect council officers to define what is offensive? What is offensive to Maurice Devenney as a unionist is not offensive to others and vice versa.

“The PSNI have a role to play in this and they are the sole people who have to carry out the inspections on site.

“I have been reminded of the Fleadh when it was in Londonderry and the memorabilia and flags that were on sale which were offensive so I believe we should leave this to the PSNI.”

UUP Alderman Darren Guy said: “’May cause reasonable offence’, you know legally there are not a lot of grey areas there. I think the council is leaving itself open here, surely this could be torn apart. It’s one community being offended over another community.

“I don’t agree with the flags being put up, paramilitary or the Para flags that were on sale that day and I can understand why they could cause offence to the nationalist community within our city but at the same time they aren’t illegal. You either name specific Items or we have to find another route to deal with it but we can’t support it.”

Aontú councillor Emmet Doyle, who brought the original motion to council, commented:

“Some of the points they have raised are perfectly reasonable and up for debate but to say you aren’t supporting it because it’s one against the other, as the proposer of the motion, that is why the words ‘could reasonably offend’ are in it.”

He said he felt there was ‘a real opportunity for us as a city and district to outline what we all feel are certain things we think should not be done’.

“I take the point Darren made and I’m sure he comes at it from a mature perspective when he says about Para flags but if you know that is going to cause offence then surely we should all agree that it shouldn’t be sold on a stall under a temporary street trading licence.

“You can’t do it both ways, you can’t say it’s ok to put up Para flags in certain parts of the city but we aren’t going to do anything about it even though we know it offends people. That’s not a mature attitude and it’s not taking leadership on what these issues are.

“Dodging the issue altogether is not an option because the same thing next year is going to happen. Whenever we have this discussion, and we have it every year, about Para flags going up, the response we get is, they’re not illegal and there’s nothing we can do about them.

“This is about leadership in your own community as well and that is why ‘reasonably may offend’ was in the motion because granted, if someone wants to sell a tricolour or something related to GAA in Creggan, I doubt anybody is going to be reasonably offended by that.

“If someone wanted to see the Union flag or something related to Britain in Newbuildings I don’t think anybody would be reasonably offended by that.”

“When we get to a stage where we’re not going to discuss it, that’s failing the people who year after year are offended by things on both sides in the community.”

Sinn Féin councillor Christopher Jackson stated his belief that council have a responsibility to deal with the matter.

“If we are throwing up criteria then make it very clear that these types of items won’t be tolerated, won’t be accepted under any street trading licence then that’s something that we as a council should be doing.

“We should be making it very clear at the outset at any events that’s being run within our council area or when council is issuing a street trading licence that they need to be inclusive, and that there is no room for any offensive material to be sold in any instance and the proposals brought forward by officers attempts to address that.”

Alliance councillor Rachael Ferguson said the recommendations are a ‘mature way to try and move forward’.

“This policy will cover anyone from any community. It’s within our statutory powers to allow us to specify what we can and cannot sell on these stalls.”

Calling it council’s ‘moral responsibility’, SDLP councillor Brian Tierney said: “It’s not about nationalist or unionist, it’s about making people feel uncomfortable in their home town and that’s what those flags do.”

“Alderman Devenney spoke about the fact that the PSNI said they’re not illegal, yes we know, the Paratroop flag is not illegal, it’s morally wrong in my opinion that it should be bought, sold and flown in this city .

“No one is losing here, we are all winning if this is brought in because it’s protecting people from a unionist background as much as people from a nationalist background.”

The recommendations passed with 11 votes in favour and three against.

Gillian Anderson

Local Democracy Reporter

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