Flags and Emblems (Display) Act (Northern Ireland) 1954
Encyclopedia
The Flags and Emblems Act (Northern Ireland) 1954 (1954 c. 10) 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 It was repealed under the direct rule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
. 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. However the Act was not a wholesale ban on the Irish flag, and it was often allowed to remain flying, epecially at GAA
grounds.
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. Hardline 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. 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. Nationalists had also organised boycotts of shops which openly celebrated the coronation with the display of the Union Flag, increasing tension and unionist fears. 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
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Northern Ireland
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
, passed in 1954. It was repealed under the direct rule
Direct Rule
Direct rule was the term given, during the late 20th and early 21st centuries, to the administration of Northern Ireland directly from Westminster, seat of United Kingdom government...
of the British government, by the Public Order (Northern Ireland) Order 1987.
It was bitterly resented by nationalists
Irish nationalism
Irish nationalism manifests itself in political and social movements and in sentiment inspired by a love for Irish culture, language and history, and as a sense of pride in Ireland and in the Irish people...
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
Union Flag
The Union Flag, also known as the Union Jack, is the flag of the United Kingdom. It retains an official or semi-official status in some Commonwealth Realms; for example, it is known as the Royal Union Flag in Canada. It is also used as an official flag in some of the smaller British overseas...
. The Act gave the Royal Ulster Constabulary
Royal Ulster Constabulary
The Royal Ulster Constabulary was the name of the police force in Northern Ireland from 1922 to 2000. Following the awarding of the George Cross in 2000, it was subsequently known as the Royal Ulster Constabulary GC. It was founded on 1 June 1922 out of the Royal Irish 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
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
, 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. However the Act was not a wholesale ban on the Irish flag, and it was often allowed to remain flying, epecially at GAA
Gaelic Athletic Association
The Gaelic Athletic Association is an amateur Irish and international cultural and sporting organisation focused primarily on promoting Gaelic games, which include the traditional Irish sports of hurling, camogie, Gaelic football, handball and rounders...
grounds.
The Act was introduced at a time of some turmoil within unionism
Unionism in Ireland
Unionism in Ireland is an ideology that favours the continuation of some form of political union between the islands of Ireland and Great Britain...
in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, dissent that was viewed with alarm by the Ulster Unionist government, and the legislation was initiated amid the pressure emanating from that dissent. Hardline 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. Likewise, the Coronation
Coronation
A coronation is a ceremony marking the formal investiture of a monarch and/or their consort with regal power, usually involving the placement of a crown upon their head and the presentation of other items of regalia...
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. Nationalists had also organised boycotts of shops which openly celebrated the coronation with the display of the Union Flag, increasing tension and unionist fears. The Act took over some of the powers of the Civil Authorities (Special Powers) Act (Northern Ireland) 1922
Civil Authorities (Special Powers) Act (Northern Ireland) 1922
The Civil Authorities Act 1922, often referred to simply as the Special Powers Act, was an Act passed by the Parliament of Northern Ireland shortly after the establishment of Northern Ireland, and in the context of violent conflict over the issue of the partition of Ireland...
.
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
United Kingdom general election, 1964
The United Kingdom general election of 1964 was held on 15 October 1964, more than five years after the preceding election, and thirteen years after the Conservative Party had retaken power...
on the lower Falls Road in Belfast
Belfast
Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly...
.
Reading
- Henry Patterson, Party versus order: Ulster Unionism and the Flags and Emblems Act, Contemporary British History, Vol. 13, No. 4 (Winter 1999), pp. 105–129.
- Henry Patterson Ireland Since 1939, Penguin Ireland, 2007
- Andrew Gailey Crying in the Wilderness: Jack Sayers, a Liberal Editor in Ulster, 1939-69, Institute of Irish Studies, Queen's University Belfast, 1995