Marching bands that display loyalist paramilitary flags could be targeted by the PSNI after a senior officer said “failing to act” over controversial public displays is no longer an option for police.
Details of the policy shift were revealed by Deputy Chief Constable Bobby Singleton during a meeting of the Policing Board last week.
The PSNI has previously come in for criticism over its approach to dealing with displays that glorify paramilitary groups.
Every year, thousands of flags are put up in loyalist and mixed districts, paying tribute to loyalist paramilitary groups, including the UVF and UDA.
Loyalist flags on display
Loyalist bands, many of which often take part in loyal order parades, often carry paramilitary-style displays, while some are openly supportive of proscribed organisations.
The day after Mr Singleton revealed details of the new policy, the PSNI issued an image of a man appearing to carry a UDA banner during an Apprentice Boys of Derry parade in the city last August.
It is understood he was part of a band that had travelled from east Belfast to take part in the Derry parade.
Police on Tuesday said the suspect has not been identified.
In recent weeks, the PSNI issued a ‘service instruction’ to officers outlining the new policy, which includes the order “not making a decision, doing nothing or failing to act is not an option”.
Elsewhere, the document has a section relating to the “carrying/displaying of articles – proscribed organisation”.
It goes on to state that Section 13 of the Terrorism Act 2000 “provides that it is a criminal offence for a person in a public place to carry or display an article ‘in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation’.”
“The offence is summary only and carries a maximum sentence of six months imprisonment,” the service instruction states.
The document also refers to Section 12 of the Terrorism Act 2000 which says it is an offence to invite or express support for a proscribed organisation.
The PSNI document also points out that where landowners are known, police should advise them about the presence of material.
The new instruction stipulates that any contact and requests for removal to an owner should be formally documented and “followed up in writing”.
It is also suggested that police should offer “to support removal by owner(s) or their agents/contractors” although the force will “retain operational discretion” around the level of support provided.
Under a section headed ‘operational response’, officers are told “it is our duty to conduct an investigation in respect of the circumstances where an offence is committed”.
Officers are reminded it is their “responsibility to conduct all reasonable lines of enquiry such as photography, CCTV checks, house-to-house enquiries and forensic opportunities.
Witness statements and “statement recording from anyone impacted by the display” are also emphasised.
Reference is also made to “body worn video utilisation” for “instances when it is ongoing”.
Police officers have also been told that “all decisions (including decisions not to act) should be fully recorded, along with their rationale”.
SDLP Policing Board spokesman Colin McGrath welcomed the PSNI policy change.
“The PSNI’s shift in approach is welcome, but it must be matched by a clear commitment from the department for Infrastructure and other statutory bodies,” he said.
“Doing nothing is no longer acceptable.
“Those responsible for erecting these displays must understand that there will finally be consequences for their actions.”
Police Federation chair Liam Kelly said: “Paramilitary and sectarian flags specifically cause offence and have no place in this community.
“Obviously, officers will comply with service instructions and full account must be taken of the need to avoid or minimise exposure to any associated disorder.”