Collaborative approach must remain in removing illegal flags – police federation

A collaborative approach must remain in the removal of illegal flags, the representative body for police officers has said.

It comes as the Police Service of Northern Ireland (PSNI) issues new guidance to officers around the approach to the removal of material they receive complaints about.

These range from paramilitary flags, racist displays and items on bonfires.

Deputy Chief Constable Bobby Singleton told the Northern Ireland Policing Board last Thursday that police receive complaints around public displays almost every day, but these spike around particular times of year.

He said they have issued a new service instruction to officers around what is expected of them, how they should respond, how to report and how to investigate the incidents.

“There has been significant public and stakeholder criticism in the past of the service’s response,” he said.

“There’s also been criticism from people when they say that we’re not acting consistently… it leaves people with the perception at times that we maybe don’t care about their concerns, or worse, that we’re somehow complicit with some of the sentiment that’s being displayed as well.

“So this service instruction really sets out the organisation’s position. It aims to assist the officers and staff in understanding our legal obligations, and importantly, it aims to make sure that we’re consistent in our approach to reported incidents and crimes, and being consistent in our approach is key.”

He added: “So we’re really clear that when it comes to the display of any material that constitutes an offence, the PSNI has a clear obligation to act, in particular where the continued display of that material is or would cause harm.

“This will principally be about us investigating, because that’s what our core responsibility is. Importantly, though, we will still retain the discretion to determine what steps can be lawfully taken within our statutory functions and in accordance with human rights.

“The emphatic thing in this policy position is, however, that not making a decision, doing nothing or failing to act is not an option.”

In terms of the removal of material, he said the primary responsibility for that still rests with the land or property owner.

“But if we suspect that there is an offence and material has been placed in such a way that it can be removed quickly and easily, at no risk to the attendant police, the instruction is very clear that we expect our officers to remove that where they can do it and they can do it safely,” he said.

“It’s worth saying as well that for many years, contentious displays have been removed voluntarily through negotiation and mediation, and that does remain an option available to us.

“It can prevent a recurrence of material or proliferation of it. But at the same time, our experience also tells us that as much utility as there is in that approach, it can also take a significant amount of time to achieve that, and then that attracts further risks in terms of public confidence and reputation as well.”

He also said the PSNI is in the process of developing revised MOUs with key parties including the Department for Infrastructure and housing providers.

The chairman of the Police Federation for Northern Ireland Liam Kelly emphasised that police cannot be solely responsible for the removal of items.

“There remains a collaborative approach to the removal of illegal flags,” he said.

“The police cannot be solely responsible for their removal.

“Uppermost for this federation is the safety and wellbeing of officers who will be asked to undertake this work.

“We are under-strength and under-resourced and that has to be taken into account if and when officers are asked to move in to areas where illegal flags are flying.

“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.”