Bid to have Palestinian flag taken down denied, High Court rules

https://www.bbc.co.uk/news/articles/c74xnv24w8po

An emergency legal bid to have the Palestinian flag taken down from outside Belfast City Hall is to be denied, a High Court judge has ruled.

The judge refused the application mounted by Traditional Unionist Voice (TUV) member Ann McClure after councillors voted in favour of erecting the standard for a 24-hour period.

Lawyers for Ms McClure, who is currently on holiday, sought urgent interim relief as part of a wider challenge to the process for reconsidering key and potentially controversial decisions taken by local governments.

The flag was taken down late on Tuesday afternoon. The BBC has contacted the council to clarify why this action has been taken.

There is a small police presence outside City Hall.

The proposal, from Sinn Féin, was passed by 32 to 28 votes on Monday and it was put up just after midnight in the early hours of Tuesday morning.

Ms McClure's lawyers dispute the lawfulness of how the "call-in" mechanism was handled by Belfast City Council at a special meeting on Monday night, where Sinn Féin's proposal to erect the Palestinian flag was passed.

Mr Justice Humphreys said he was making no determination in the merits of the TUV's ongoing judicial review proceedings.

Instead, he weighed the danger of "usurping" the Council's decision-making powers against any impact on Ms McClure at this stage in the case
Two people putting up a Union Jack flag and Israeli flag on a railing.Image source, Pacemaker
Image caption,

Protesters gathered at the High Court

Mr Justice Humphreys said he had "no evidence that any harm would be caused to her [Ms McClure] by the flying of the Palestinian flag at City Hall over the duration of one day".

"I have been informed that she is on holiday, so she is scarcely likely to be offended by the flag flying for the next number of hours."

He also identified little chance of a detriment to her from any further call-in procedures continuing pending the final outcome in the legal challenge.

"The balance of convenience comes down firmly in favour of the decision making of the Council," he said.

"The application for interim relief is therefore refused, both in relation to the continued flying of the flag at Belfast City Hall, and also more broadly on the use by the City Council of its current procedures in relation to call-ins."
The Palestine flag is flapping in the wind outside a baroque revival style building. Several pillars decorate the building. The roof is a green dome. The sky is light blue. A tree is bare of leaves. Image source, Pacemaker

The council had voted last month by an overwhelming majority to fly the flag but unionists objected, and then used the call-in procedure at City Hall to challenge the legitimacy of the decision.

The legal advice over the flag flying was published on Belfast City Council's website.

It states that "the decision was not arrived at after a proper consideration of relevant facts and issues".

Protesters gathered outside the High Court on Tuesday

A 20-year-old man was arrested on suspicion of disorderly behaviour and remains in custody.
Police car in front of Belfast City Hall. There are cars and market stalls in front of the city hall. The sky is blue.
Image caption,

There was a police presence at Belfast City Hall on Tuesday morning

Ms McClure is involved in a wider challenge to council's handling of the mechanism after it voted to adopt a new Irish language strategy.

The case has developed into further claims that the council wrongly interpreted relevant sections of the relevant legislation, external to create a new "filter process" which also allowed the Palestinian flag motion to be passed by just a simple majority.

Her barrister submitted: "It nullified the impact of the minority safeguard."

She told the court three unionist councillors raised concerns about the process at the meeting.

"The process that was adopted in relation to the flag was plainly incorrect, ultra vires and clearly cannot be sustained in law," counsel said.

"Where there was a valid call-in it must be reconsidered by a qualified majority and there is no such thing as a filter process."

She said the council had created its own interim process.
'Events last night were frankly astonishing'

She claimed: "It was vexatiously and intentionally done to prevent us seeking interim relief not to fly the Palestinian flag."

"The events last night were frankly astonishing, and I'm not sure what the urgency was to get the flag up.

"It was a clear effort to outrun any potential proceedings, but it's not just about the flying of the flag, it's about the legality of the process."

The judge was told it could cause constitutional harm to protections for minority opinions on politically sensitive issues in Northern Ireland.

Stressing the case was about the procedures, Ms McIlveen added: "If the decision taken last night is stayed the flag (should be) taken down because that is the outcome of the illegality."

A Belfast City Council lawyer accepted that clarity is needed on wider issues around the call-in mechanism.

She confirmed the authority determined there would be no disproportionate adverse impact from flying the flag for a one-day period.

Counsel also argued that the claims about a minority protection would mean that nine councillors in Belfast could stop any decision through a valid call-in requisition.

"It would cause local government decisions to grind to a halt," she said.

Rejecting allegations that the flag was erected "vexatiously" she described it as a serious assertion made without any evidence.

She further insisted there could be consequences for the Council if it was ordered to take down the flag.

"It would mean the court usurping and interfering with the decision of a locally elected chamber," the barrister added.

"Those council members had a mandate to make that decision by ratepayers and voters in Belfast."
A man in a pink shirt with short hair
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TUV councillor Ron McDowell has lodged an application to challenge the flying of the flag

TUV councillor Ron McDowell said the council's decision had been "an attempt to outrun the law".

"We were told there was no negative impact on good relations in the city according to a council equity report but the situation in Palestine and Israel is rooted within two communities and is deeply controversial," he said adding that had led to people protesting against the decision.
The flag going up
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The flag was put up just after midnight in the early hours of Tuesday morning

The 60-member council had revisited the issue at a special meeting on Monday ahead of its monthly meeting, however, this vote was much closer than the original motion.

The Alliance Party backed the original proposal, however, on Monday it suggested illuminating the City Hall in Palestinian colours in the New Year.

They voted against the flag flying, but it was supported by the Social Democratic and Labour Party (SDLP) and Green Party, as well as Sinn Féin.
The back of two police officers looking in the direction of a small group of protestors all dressed in dark clothing standing on a footpath. One is holding an England flag
Image caption,

Protesters gathered outside Belfast City Hall on Monday night

Belfast County Grand Orange Lodge of Ireland said in a statement said they were "frustrated and utterly dismayed" at the council's decision.

They said the flying of the flag before the High Court's case was heard was "incredibly alarming and shows that the Republican and Pan Nationalist members of Belfast City Council are supporting division and disregarding the legal process"

"This is a clear sign that Belfast City Council is a cold house for Protestants/Unionists," the lodge said.