Policy and procedure on the Flying of the Union Flag at Council Buildings Equality Screening Report

• embodying “the emblems of the constituent nations united under one Sovereign – the Kingdoms of England and Wales, of Scotland and of Northern Ireland”;
• providing clarity and enabling decisions on the flying of flags at the designated buildings and
• defining a process for designating other buildings.

Other policies etc. which have a bearing on this function, service, policy, procedure, project, strategy, plan or guidance?

Legislation:
Northern Ireland Act 1998 (Section 75)

Strategies:
Equality Scheme (renewed 2020)
Equality Action Plan (2019-2023)
Good Relations Strategy
Every Customer Counts Policy
Local Government Code of Conduct
“Together building a United Community” Strategy May 2013
Complaints Policy
Destination Management Strategy 2015-2020
Economic Development Strategy
Corporate Strategy 2020-2024
Dignity & Respect at work policy
Land & Property Policy

Studies, Publications, Statistics and Guidance:
Northern Ireland Statistics & Research Agency – Census 2011
NINIS, Census 2011
NI Life and Times Survey 2020
Examples from other Councils in Northern Ireland

It is proposed that all Section 75 categories will be considered via:

• Quantitative evidence has been sourced via the NI Census in 2011 and the Northern Ireland Life and Times Survey 2020.
  
• Review of other Council policies demonstrated a range of policies / practices regarding the flying of the Union flag. These range from the flying of no flags at all to flying the Union flag on the basis of the principles in the Flag Flying Regulations to flying the Union flag on a permanent basis at Council buildings.
  
• There have been no complaints regarding the current arrangements for flying the union flag during the lifespan of Causeway Coast and Glens Borough Council.
  
• The motion was followed by call in notice which expressed an objection to the motion under Section 41(1)(b) (disproportionate adverse-affect) of the 2014 Local Government Act:
  ‘Some inhabitants of our Council area, those who use, visit and work in the council buildings are adversely impacted by this motion and may be made to feel uncomfortable, unrepresented and deterred from using public buildings as a result of this motion’.
  
• The Flags (Northern Ireland) Order 2000 and the Flags Regulations (Northern Ireland) 2000 set out the specified days for flying the Union Flag at government buildings and courthouses in Northern Ireland. However Council Offices are not included in Schedule 1 of the Flags Order which list the specified government buildings covered by the Order. There is therefore no legal obligation placed on Councils to fly the Union Flag on specified days and it is at the discretion of each Council as to when and whether or not to fly the Union Flag.
  
• A judicial review was conducted in 2001 of a decision by the Secretary of State to introduce the Flags Regulations. In that judgement, it was ruled that the Regulations did not conflict with the Belfast/Good Friday Agreement. The judge stated that:
  “The Union flag is the flag of the United Kingdom of which Northern Ireland is a part. It is the judgment of the Secretary of State that it should be flown on government buildings only on those days on which it is flown in Great Britain. By thus confining the days on which the flag is to appear, the Secretary of State sought to strike the correct balance between, on the one hand, acknowledging Northern Ireland’s constitutional position, and, on the other, not giving offence to those who oppose it. That approach seems to me to exemplify a proper regard for “partnership, equality and mutual respect” and to fulfil the Government’s undertaking that its jurisdiction in Northern Ireland “shall be exercised with rigorous impartiality on behalf of all the people in the diversity of their identities and traditions “. I do not consider, therefore, that the Regulations have been shown to be in conflict with the Belfast Agreement.”
  
• The Equality Commission advice note on “Advice on Flying the Union Flag in Councils” states that:
  “It is for each local Council to determine their own policies on the display of the Union Flag, taking account of the full context in which they operate.”
  In the advice note the Commission is of the view that the flying of the Union Flag must be viewed within the context in which it is flown or displayed and factors affecting this context include “the purpose, manner, location and frequency within which flags are flown”. They are also of the view that, “while it is appropriate for a local Council to fly the Union Flag at its Civic Headquarters, the rationale for its display at every Council location, facility and leisure centre would be questionable.”
  The Commission also stated in the advice note that the final Council policy should reflect the Council’s legitimate policy aims and “not cause unlawful discrimination or harassment, unintentionally or indirectly through its likely effects or impacts.”
  
• Groups Affected by the Proposed Policy. The Council Civic Headquarters in Coleraine and the three Council Offices in Ballymoney, Limavady and Ballycastle provide a range of direct services to the public. They also facilitate Civic and Mayoral receptions, meetings of Council and its Committees, Sub Committees, Working Groups, etc., internal meetings of staff as well as meetings of staff and Councillors with external organisations, groups and individuals.
  Users of the Council Civic Headquarters and the three other Council Office buildings are identified as:
  • Councillors
  • Council employees and other contracted staff
  • Members of the public
  • Suppliers and contractors.
  Visitors to the Civic Headquarters and the three other Council Office buildings are not monitored in terms of their community background, religious belief, etc.
  
• Consideration also needs to be given to the role of the Council as an employer. Council in its “Equal Opportunities Policy”, in line with the Fair Employment Code of Practice, is committed to:
  “Promoting a good and harmonious working environment where all men and women are treated with respect and dignity and in which no form of intimidation or harassment will be tolerated.”
  
• Council within its “Dignity and Respect at Work Policy” also commits itself to the promotion of equality of opportunity and good relations and defines harassment, inter alia, as:
  “visual displays of posters, graffiti, obscene gestures, flags, bunting or emblems or any other offensive material.”
  The key issue here then is whether flying the Union flag could constitute conduct which could result in allegations of harassment for employees from a Catholic and/or Nationalist background.
  
• Good Relations Issues - Under Section 75(2) of the Northern Ireland Act 1998, the Council has a duty to have regard to the desirability of promoting good relations between persons of different religious beliefs, political opinion or racial group. The Councils Good Relations Section carried out an Audit in 2018 which consulted with stakeholders through public meetings, an online survey, a street survey, one-to-one interviews, focus groups and telephone interviews. The findings informed their current Good Relations Strategy 2018-2023. The online survey under the theme ‘Our shared community’ where all areas are open and accessible to everyone demonstrated:
  Respondents felt that CCGBC is welcoming to people of:
  • different religions - 50.26% yes; 5.64% no; and 31.79% sometimes
  • different racial backgrounds – 49.23% yes; 5.13% no; and 27.18% sometimes
  • different political opinions – 43.59% yes; 9.74% no and 34.36% sometimes
  • 78.85% are favourable towards someone from a Catholic community background;
  • 75.9% are favourable towards someone from a Protestant community background
  • 71.8% are favourable towards someone from a different ethnic group
  • 11.98% think sectarianism is a major problem, while 38.3% is a minor problem and 40.12% think it is no problem
  • 7.19% think racism is a major problem, while 30.54% is a minor problem and 46.11% think it is no problem.

Details of Evidence/Information

• Mid-year 2020 NISRA statistics detailed the usual resident population of Causeway Coast & Glens Local Government District to be 144,900, accounting for 7.6% of the N.I. total. Statistical information with regards to the Districts makeup and individuals therein was also reviewed.
  
• It was agreed on 12 February 2015, that existing Legacy Council flag flying arrangements would roll over into the new Causeway Coast and Glens Borough Council. Existing arrangements in Causeway Coast and Glens Borough Council shows an inconsistent approach:
  Ballymoney Area - The Union Flag is flown on designated days and days designated by Her Majesty the Queen. Discretion by the Mayor and Chief Executive to fly on additional days, for example death of prominent Politicians.
  Policy applies to three Council buildings:
  Riada House, Joey Dunlop Leisure Centre and the Town Hall.
  Coleraine area - The Union Flag was flown 365 days per annum at Coleraine Town Hall, two weeks in July at Portrush Town Hall and during business hours at Cloonavin.
  Limavady area - No Flags are flown. (apart from the Blue Seaside Award flag.)
  Moyle area – No flags (apart from the Blue Seaside Award flag.)

• This was followed by a Notice of Motion submitted to a meeting of Causeway Coast and Glens Borough Council on 28th April 2015. In accordance with Council policy, this Notice of Motion was referred to Council’s Corporate Policy and Resources Committee meeting on 19th May 2015 and later on 16th June 2015.
  The following Notice of Motion was proposed, at the meeting on 16th June 2015:
  ​“That this Council supports the following policy with regard to the flying of the Union flag in Causeway Coast and Glens Borough Council Area. Civic Centres and former Centres of local Government (Coleraine Town Hall, Ballymoney Town Hall, Roe Valley Arts and Cultural Centre - formerly Limavady Town Hall, Portrush Town Hall and Portstewart Town Hall) - 365 Days. Council Admin HQ (Cloonavin) - Working Days and Designated Days plus, including other days at the discretion of the Chief Executive. Council Admin Centres (Riada House, Limavady Council Offices and Sheskburn House) - Working Days and Designated Days plus, including any other days at the discretion of the Chief Executive.”
  The Corporate Policy and Resources Committee on 16th June 2015 recommended to Council that the motion be adopted as Council policy subject to the requirements of Section 75 of the Northern Ireland Act 1998.
  The minutes of the meeting on 16th June 2015 were submitted for ratification (on 28th July 2015 ) and were subsequently adopted by Council. However following a tender for an EQIA it did not progress, until the present motion was proposed on 4th May 2021 and following a call-in was adopted by Council on 5 October 2021.
  
• Since the establishment of the new Council on 1st April 2015 no formal complaints have been received regarding the display of the Union flag within Council owned and operated buildings and grounds. However the absence of complaints may only present part of the picture.
  
• Rural and urban citizens will be treated in the same way regarding the proposals.
  
• It is also clear that the majority of our borough is rural in composition and therefore the specific needs of those individuals must to be considered during screening.
  
• Consultation by the Northern Ireland Assembly Commission EQIA Review of the Policy on the Flying of the Union Flag at Parliament Buildings.
  
• The Equality Commission for Northern Ireland, “An Evidence Base for Shaping Welcoming and Inclusive Workplaces” Literature Review, April 2019 .
  
• In addition the Equality Commission has issued guidance on promoting a good and harmonious working environment which states that:
  “A good and harmonious working environment is one where all workers are treated with dignity and respect and where no worker is subjected to harassment by conduct that is related to religious belief or political opinion….This of course does not mean that working environments must always be devoid of anything that happens to be more closely associated with one or other of the two main communities in Northern Ireland….In other words an ‘harmonious’ working environment does not necessarily mean a ‘neutral’ one.”
  The guidance includes the following advice on the issue of workplace emblems:
  “…the Commission recommends that where an employer is seeking to provide or maintain fair participation, or to ensure that all services and facilities are widely utilised by all sections of the community, there is sensitivity concerning displays wholly or mainly associated with one section of the community.”
  The guidance also includes the following advice specifically on the flying of the Union flag:
  “The flying of the Union Flag must be viewed within the context in which it is flown or displayed. Factors affecting the context include the manner, location and frequency with which flags are flown. The Union Flag is the national flag of the United Kingdom and, arising therefrom, has a particular status symbolising the constitutional position of Northern Ireland. On the other hand, the Union Flag is often used to mark sectional community allegiance. There is a world of difference between these two approaches. Thus, for example, while it is acceptable and appropriate, in the Commission’s view, for a local Council to fly the Union Flag at its Civic Headquarters, the rationale for its display at every Council location, facility and leisure centre would be questionable.”
  
• As a result of the above advice the selection of certain Council locations and not others may or may not potentially create a ‘chill factor’ in areas as a result of flying or not flying the Union flag.
  
• The Fair Employment Code of Practice also provides general guidance to employers with regard to good practice in the promotion of equality of opportunity. In relation to the working environment the code states that employers should:
  “Promote a good and harmonious working environment and atmosphere in which no worker feels under threat or intimidated because of his religious belief or political opinion e.g. prohibit the display of flags, emblems, posters, graffiti, or the circulation of materials, or the deliberate articulation of songs, which are likely to give offence or cause apprehension among particular groups of employees.”

The 2011 Census outlined:

In terms of religion or religion brought up in the 2011 Census and current staff stats as detailed above indicate that our resident’s and staff’s religious beliefs can be seen to have 2 predominant groupings ie Roman Catholic and Protestant. We use this data to determine community background i.e. whether an individual is from the Protestant community or the Roman Catholic community in Northern Ireland, or neither. We have a number of individuals (Census 5.64% and Staff 5.72%) who either do not practice a specific religion or who do not wish to be grouped into a specific religion. In addition we have a small number of individuals (Census) who practice other religions.

The notice of motion referred to set buildings and the religious breakdown for those specific areas is also of key importance, however due to the fact; that small numbers in some areas my allow identification these figures have not been detailed here. In addition the 2020 NI Life and Times Survey suggests there is a large group of individuals who support flying the flag on designated days. However the research does not drill down to identify views by local council areas. In relation to staff, the 2020 NI Life and Times Survey identified that 89% of people preferred a mixed religion workplace.

The call-in highlighted the contentious nature regarding the decision to fly the Union flag. However it is also noted that there have been no complaints received from users or staff in this regard since 2015 when Causeway Coast and Glens Borough Council was formed. This includes the venues where the Union flag currently flies 365 days per year and where it is not flown at all.

The consultation by the Northern Ireland Assembly Commission EQIA Review of the Policy on the Flying of the Union Flag at Parliament Buildings noted “people from the Nationalist community might experience a ‘chill factor’ in their dealings with the Council as a result of the flying of the Union flag”.

The Northern Ireland Life and Times Survey (2020) provides the following information on the political parties people in Northern Ireland feel closest to (this information is not available at Council area level) *:

The flying of the union flag can be seen to closely relate to political opinion from the discussions in the chamber by elected representatives. The call-in highlighted the contentious nature regarding the decision to fly the Union flag.

However it is also noted that there have been no complaints received from users or staff in this regard since 2015 when Causeway Coast and Glens Borough Council was formed. This includes the venues where the Union flag currently flies 365 days per year and where it is not flown at all.

The different approaches taken by the legacy Councils prior to the amalgamation may denote varied viewpoints and support to fly the Union flag across the new Council area which will not only relate to the current motion, but also the choice of future venues. In addition the Equality Commission in their Corporate Plan 2019-2022 stated that prejudicial behaviours remain “Prejudicial attitudes toward those of different religious beliefs is present in Northern Ireland, particularly sectarianism” in the workplace in Northern Ireland and this must be viewed alongside the rise in both sectarian incidents (70 cases) and crime (49 cases) over the year July 2020 to June 2021. However the impact of a change regarding the flying of the union flag is unknown and may or may not be relevant.

The consultation by the Northern Ireland Assembly Commission EQIA Review of the Policy on the Flying of the Union Flag at Parliament Buildings noted “people from the Nationalist community might experience a ‘chill factor’ in their dealings with the Council as a result of the flying of the Union flag”.

Therefore a consultation process with relevant parties will inform the policy formation, support the identification of potential mitigation measures and identify any disproportionate adverse impacts with regards to political opinion.

On Census Day 27th March 2011 the resident population was:

Again there have been no complaints received from users or staff on the basis of race with regard to flying the Union flag.

Individuals may have a personal preference regarding the flying of the Union Flag, however there is no evidence that this relates to their racial grouping.

A consultation process will support the identification of any currently unknown impacts.

Age: (Mid Year 2020)* (NISRA statistics)

The 2020 NI Life and Times Survey suggests there is no major variance related to age.

Individuals may have a personal preference regarding the flying of the Union Flag, however there is no evidence that this relates to their age.

A consultation process will support the identification of any currently unknown impacts.

Marital Status:
Marital status by former legacy Council area (most recent figures available from Census 2011):

Individuals may have a personal preference regarding the flying of the Union Flag, however there is no evidence that this relates to their marital status.

A consultation process will support the identification of any currently unknown impacts.

There are no specific figures available on how many people may be Gay, Lesbian, Bi-sexual or Trans-gender or Trans-sexual (LGBT) specific to the Council area.

The Northern Ireland Life and Times Survey (2020)* provides the following information on the sexual orientation of people in Northern Ireland (this information is not available at local government level):

In addition the NI Rainbow Project estimates between 6-10% of any given population could be considered as LGBT.

Individuals may have a personal preference regarding the flying of the Union Flag, however there is no evidence that this relates to their sexual orientation.

A consultation process will support the identification of any currently unknown impacts.

Gender: (Mid Year 2020 Population Estimates)*

Individuals may have a personal preference regarding the flying of the Union Flag, however there is no evidence that this relates to their gender.

A consultation process will support the identification of any currently unknown impacts.

The Census information in 2011 showed:
People With or Without Dependents:

Individuals may have a personal preference regarding the flying of the Union Flag, however there is no evidence that this relates to whether they have or do not have dependents.

People with a Disability/People Without:
People with a long term condition/illness by former legacy Council area (most recent figures available from Census 2011):

____

Source: NINIS, Census 2011, KS302NI
Notes:

1. ‘Communication difficulty’ means a difficulty with speaking or making yourself understood.
2. ‘A mobility or dexterity difficulty’ means a condition that substantially limits one or more basic physical activities such as walking, climbing stairs, lifting or carrying.
3. ‘An emotional, psychological or mental health condition’ includes conditions such as depression or schizophrenia.
4. ‘Shortness of breath or difficulty breathing’ includes conditions such as asthma.
5. ‘A chronic illness’ includes illnesses such as cancer, HIV, diabetes, heart disease or epilepsy.
6. ‘Long-term’ refers to a condition which has lasted, or is expected to last, at least 12 months.

Individuals may have a personal preference regarding the flying of the Union Flag, however there is no evidence this relates to if they have a disability or not.

A consultation process will support the identification of any currently unknown impacts.