The legal position about the flag flying from government buildings is even less well understood. Until Peter Mandelson introduced the Flags (N.I.) Order in the House of Commons on 16^th May 2000, there had been no legislation requiring the Union flag to be flown from government buildings.

This legal loophole was revealed during the first term of devolved administration last autumn, when the two Sinn Fein Ministers were asked by civil servants if they wished the Union flag to be flown on the usual flag-flying days. As we know only too well, they refused to fly the flag. But how could they?

Quite simply, they could refuse to fly the Union flag over their departments, because there was no law compelling them to do so. Instead, it had been custom and practice, through the exercise of the royal prerogative, to fly the Union flag from government buildings on certain designated flag-flying days. In Northern Ireland, it has been the custom and practice over many years to fly the Union flag on 20 designated flag flying days, mostly royal birthdays.

With devolved government restored here in early June and with no less than three flag-flying days in that month, Unionists had once again to endure the repeated offence caused by the sign of bare flagpoles at both the Department of Education and the Department of Health.

The serious problems, raised by the refusal of the two Sinn Fein Ministers to fly the flag of the country, have now to be resolved by the Secretary of State making regulations under the Flags (N.I.) Order 2000, since the Assembly and Executive failed to on flag-flying procedures before the summer recess.

In bringing forward for consultation the Flags Regulations (Northern Ireland) 2000, Peter Mandelson described them as "a sensitive, common-sense way forward". Legislation - in the form of these Flags Regulations - will prevail over the royal prerogative, and so the previous legal loophole exploited by the two Sinn Fein Ministers should be filled. But is it?

Taking the Belfast Agreement as the foundation, two apparently conflicting provisions have to be reconciled. First, the Agreement makes it absolutely clear that

This fundamental principle of consent was subsequently enshrined in legislative form by section 1 of the Northern Ireland Act 1998, which implements the Belfast Agreement.

Secondly, it is also stated in the Agreement that

Both the consent principle and the need to use symbols with sensitivity have to be honoured in the new Flags Regulations.

Consequently, the SDLP's suggestion that a neutral flag should be agreed and flown on government buildings is wholly unacceptable in that it fails completely to honour the principle of consent as expressed in the opening paragraph of the Belfast Agreement. The constitutional status of Northern Ireland is not neutral. On the contrary, the constitutional status of Northern Ireland is unambiguously stated as being "in its entirety" part of the United Kingdom. The flying of the Union flag from government buildings is the clear expression of that constitutional position.

Likewise, Sinn Fein's demand that both the tricolour and the Union flag be flown together on Government buildings clearly breaches the Belfast Agreement. The Agreement neither agrees nor advocates joint sovereignty. Instead, the Agreement makes it abundantly clear that it is the United Kingdom and the United Kingdom alone, which has sovereignty over Northern Ireland unless and until a majority of its people consents otherwise.

There is, therefore, no basis whatsoever in the Belfast Agreement for the flying of both the Union flag and the tricolour routinely on such buildings, or another flag other than the Union flag on all Government Buildings.

The Flags Regulations (Northern Ireland) 2000 recognise the constitutional position of Northern Ireland as part of the United Kingdom by making it a duty - rather than a discretion - that the Union flag be flown on 7 designated buildings on exactly the same designated days as in the rest of the Kingdom.

Prior to these Regulations, it had been custom and practice in Northern Ireland - though not adhered to by Sinn Fein - to fly the Union flag on government buildings 20 days. These included the 15 days (mostly royal birthdays) as designated in the rest of the United Kingdom, plus the 4 so-called "Dublin Days" as well as 12^th July. The 4 "Dublin Days" were - Christmas Day, New Year's Day, Easter Sunday and St. Patrick's Day. These 4 days were added by the Stormont Cabinet in 1927, and only in 1933 was 12^th July also added as a flag-flying day.

The logical consequence of the consent principle is that the Union flag should be flown on government buildings on the same basis as in the rest of the Kingdom. This means, as the Flags Regulations make clear, that we shall lose 3 of the 4 additional "Dublin Days" and also lose 12^th of July.

Since the Union flag is flown on the relevant Saint's Day in the various parts of the Kingdom - (St. David's Day in Wales, St. Andrew's Day in Scotland etc) - the flag will continue to fly here on St. Patrick's Day. Christmas Day, New Year's Day, Easter Sunday and 12^{th July have never been flag-flying days in the rest of the United Kingdom; they} will, therefore, cease to be such in Northern Ireland. ( Note that with Prince Edward's marriage, his wife's birthday in January has now been added to the list of designated days. There will, therefore, be an overall net loss of 3 flag days.)

By accepting the 17 flag-flying days as specified by the Flags Regulations, the SDLP and Sinn Fein will be honouring their obligation in the Belfast Agreement to show "sensitivity" and "promote mutual respect rather than division". By seeking to deny the majority in Northern Ireland the legitimate expression of their British identity through the flying of the Union flag on government buildings on the same days as in the rest of the U.K., Sinn Fein and the SDLP have hitherto demonstrated total insensitivity without a shred of "mutual respect" are obligations on all participants; it must be a two-way process.

By comparison, Article 9 of the Flags Regulations shows the British Government's "sensitivity" in the use of symbols and "mutual respect" as required by the Agreement. Under Article 9 . "no flag shall be flown at any government building at any time", except as provided by these Regulations. Designating a maximum of 17 days out of 365 days in the year clearly indicates that, while upholding the constitutional position of Northern Ireland, the British Government has no intention of flaunting the Union flag.

In also allowing for the national flag of the country of a visiting Head of State to be flown, the British Government has again fulfilled its obligations under the Belfast Agreement by showing sensitivity and mutual respect.

Article 3(1) of the new Flags Regulations permits the Union flag to be flown at a government building visited by a foreign Head of State. On such occasions, it is discretion, not a duty, to fly the Union flag. Article 3(2) states clearly that only if that discretion is exercised to fly the Union Jack and only if the buildings has two flag poles may the national flag of the visiting Head of State also be flown.

The logical consequence of this provision is that, for example, in the event of a visit to a government building by the President of the Republic of Ireland, the tricolour may be flown . but only when the Union flag is flown and only where there are two flagpoles. Since the Republic of Ireland has abandoned the offensive Articles 2 and 3 of its Constitution laying claim to the territory of Northern Ireland, the Republic of Ireland may now be treated like any other foreign country.

At the same time, and crucially, to avoid the obvious perception on such occasions of joint sovereignty, which is contrary to the Belfast Agreement, it is essential that, as in the case of the European flag, the tricolour (and any other foreign flag) should be flown lower than the Union flag. It is imperative that the position of the foreign flag should be reconsidered, especially since Article 8 of the Flags Regulations permits the national flag of the visiting Head of State to . " be flown in the same manner on the same day at any other government building which has more than one flagpole, provided that the Union flag is also flown".

The possible outcome of this provision is that, in the event of a visit by President Mary McAleese to Rathgael House, we could see a rash of tricolours at equal height alongside the Union flag at various Department of Education buildings. Such an outcome would be completely at variance with Northern Ireland's constitutional status as laid down by the Belfast Agreement. Again, it is worth repeating that there is no joint sovereignty of Northern Ireland. It is wholly unacceptable, therefore, to have the tricolour flown "in the same manner" on a government building as the Union flag. This provision of the Flags Regulations must be amended.

So, too must Article 2(2) of the Flag Regulations. This provision requires the Union flag to be flown on the 17 designated days at "any other government building at which it was the practice to fly the Union flag . in the period of 12 months ending with 30^th November 1999".

The wording of this particular Article is deeply worrying because it contains two serious flaws. To identify the first of these, one must search for the definition of "government buildings". It is certainly not included in the Flags Regulations themselves. Instead, the definition of "government buildings" was laid down earlier this year on 18^{th May} by the Flags (Northern Ireland) Order 2000. In it, a "government building" is defined as "wholly or mainly occupied by members of the Northern Ireland civil service".

This narrow definition will exclude the main seat of government in Northern Ireland; Parliament Buildings at Stormont will not qualify as "government buildings", as they are not "wholly or mainly occupied" by civil servants. Although it had been the practice to fly the Union flag on Parliament Buildings in the 12 months ending with 30^th November 1999, these buildings will nevertheless fall through the gap in Article "(2) for the simple, but obscure reason, that they do not fall within the statutory definition of "government buildings". It is not acceptable to Unionists that there is no duty under the Flags Regulations to fly the flag of this country over the main seat of government.

The second serious flaw in Article 2(2) of the Flags Regulations relates to future "government buildings". This Article only imposes a duty on "government buildings" to fly the Union flag where it had been their practice to do so in the "12 months preceding 30^th November 1999". It would inevitably follow from this provision that, if civil servants were to be moved from, for example, Rathgael House and into buildings elsewhere, those new government buildings cannot have had a past practice of flying the Union flag in the 12 months prior to the end of November 1999, they will also fall through the gap in Article 2(2).

We note also the case of the Interpoint Centre (present headquarters of DCAL) which is omitted from the designated list.

As presently drafted, the Flags Regulations impose no obligation to fly the Union flag from future government buildings. Once again, Article 2(2) is unacceptable - the Union flag is the constitutional symbol of Northern Ireland's status within the United Kingdom, and as such it should be recognised visibly by the flying of the Union flag on the 17 designated days on all future government buildings.

Finally, the absence of sanctions from the Flags Regulations is unsatisfactory. What happens if a Government Minister fails to comply with the requirements of the Flags Regulations? Is it sufficient to rely upon each Minister's Pledge of Office whereby he/she undertakes . "to discharge in good faith all the duties of office"?

At present, the Flags Regulations do not even mention the words "Minister" or "duty". To avoid any misunderstanding, these Regulations should clarify the Minister's position by reference to his/her Pledge of Office.

Ministers and Government Departments should also take note that the Human Rights Acts 1998 comes into force on 2^nd October 2000. Included amongst the rights regarded as fundamental is the right to freedom of expression:

Neither a Minister nor a Northern Ireland department has any power "to do any act" in so far as that act is incompatible with any of the fundamental rights laid down by the Human Rights Act. (See section 24 of the Northern Ireland Act 1998). By refusing to fly the Union flag on the 17 designated days from the specified government buildings, Ministers and/or Departments run the risk of a legal challenge under the new Human Rights legislation.

"Public authorities" include a very wide range of bodies - Health and Social Service Boards, Health and Social Services Trusts, all District Councils, Education and Library Boards, N.I. Housing Executive and the Tourist Board are but a few examples.

Since the Flag Regulations only extend to "government buildings", which are buildings "wholly or mainly occupied by members of the Northern Ireland Civil Service", District Council offices cannot benefit directly from these Regulations. Given the absence of specific legislation on flag flying by District Councils, this may well become an area fraught with difficulty.

Consequently, in determining the appropriate days and locations for the flying of flags an emblems, District Councils must pay particular attention to their own statutory obligations under two very important pieces of legislation:

• Northern Ireland Act 1998, which implemented the Belfast Agreement, and
• The Fair Employment and Treatment (N.I.) Order 1998.

The UUP recognises these Draft Regulations as a step towards closing loopholes with respect to flag flying. They attempt to place official flag flying here on the same footing as the rest of the United Kingdom.

Notwithstanding these benefits there are still questions of detail and causes for concern.

1. The SDLP recognises that the issue of flags is a difficult and divisive one. The issue requires to be managed with sensitivity, is guided by principle and is in the best interests of all in a divided community. These are high objectives. The SDLP submits that a path can be charted to achieve them.

2. The SDLP submits that judgement on this issue should be informed by two texts. First, "The Belfast Agreement: and Agreement reached at the Multi-Party Talks on Northern Ireland" (commonly referred to as the "Good Friday Agreement" and hereinafter referred to as the "Agreement") provides clear and compelling principles which should inform and can lead to a solution to this issue, a solution which respects the identity of each citizen and community. Second, the SDLP would refer to the obligations placed on the Government and particularly on the British Government by the "between the Government of the United Kingdom, of Great Britain and Northern Ireland and the Government of Northern Ireland, (hereinafter referred to as the 'Agreement between Governments').

3. In the section of the Agreement which deals with "Constitutional Issues", a number of principles are endorsed. In the particular context of this consultation, this submission would refer to the principles outlined at paragraphs 1(iii), 1(v), and 1(vi), where the parties to the Agreement:

The SDLP would also refer to Article 1(iii), 1(v) and 1(vi) of the "Agreement between Goverments" which states:

4. It is submitted that in considering this issue the above principles should be upheld and reflected in the draft regulations. It is submitted that the Agreement between Governments has the standing of an international treaty binding in law with the legal and broader consequences of same.

5. It is argued that paragraphs 1(ii) of 'the Agreement' and the 'Agreement between Governments' respectively (hereinafter referred to as "the Agreements") above, which details the constitutional position of Northern Ireland and what is commonly referred to as "the principle of consent", means that the Union flag should fly from government buildings in Northern Ireland on designated days, as is the case in and to be generally consistent with practice in Scotland or England/Wales. The SDLP accepts paragraphs 1(iii) but submits that it is incorrect to interpret the Agreements in this way for a number of reasons.

6. First, Northern Ireland cannot be compared with England and Wales or Scotland:

(a) Northern Ireland is a divided society, emerging from many years of conflict. The division has been around issues of national identity, political aspiration and community treatment. In this context, to interpret the constitutional position and the principle of consent so as to enable the display of only the Union flag on government buildings on designated days suggests that one national identity, political aspiration and community requirement has a standing legally and practically, over those of others.

(b) The existence of the Agreements demonstrate that Northern Ireland is not comparable with England Scotland or Wales:

• Uniquely among regions, Northern Ireland has the guaranteed right in law to opt out of the Union should a majority desire this;
• Uniquely among regions, the constitutional arrangements for Northern Ireland were laid down in an international treaty between two sovereign governments and were approved by the people of Ireland, North and South, in a referendum.

7. Second, beyond the broad political and legal arguments outlined above, it is submitted that the approach of some, who invoke constitutional principles referred to in the Agreements to justify the display of the Union flag on government buildings is a misinterpretation of both.

8. Paragraph one of the Agreement on "Constitutional Issues" and Article 1 of the Agreement between Governments lays down a number of principles. It is submitted in determining this issue that those principles should be considered in their totality and that each principle should be considered no less important than the other. It is submitted as follows:

(a) The relevant sections of the Agreements recognise the right:

It is submitted that, for example, the display of the Union flag is clearly identified with the Unionist community, with the Union with Britain and with those who would refer to themselves as British. To display the Union flag - or for that matter the Irish Tricolour alone - is contrary to the above principle and good practice. It should be noted that this argument is not outlined so as to suggest that in the treatment of issues of identity - flag, language etc - there should always be the same treatment at all times and in all ways. This may not be appropriate in political terms , feasible in financial terms or practical in real terms. This submission elaborates on this perspective at paragraph (12) of this preliminary response.

(b) Moreover, to display the Union flag on government buildings only does not accord "just and equal treatment to the identity, ethos and aspirations" of the nationalist community. In addition, it is submitted that the display of the Union flag only on government buildings does not respect the right "to be accepted as Irish."

(c) Paragraph 5 of the Section of the Agreement on "Rights , Safeguards and Equality of Opportunity" provides that:

The flying of the flag to which one community in Northern Ireland identifies, but another does not, is not sensitive. Nor does it promote mutual respect rather than division. The above principles need to be fully addressed and implemented in determining this matter.

9. The SDLP has approached this issue with sensitivity, sought a consensus on the issue and not rushed precipitously into declining to fly the Union flag on government buildings on designated days. It is submitted that the approach adopted by the SDLP on this issue adds authority to the position proposed herein by the party. It should also be recorded that it is a matter of disappointment that it was decided, during suspension of the institutions, that the Secretary of State acquired the power to regulate the flying of flags. This was compounded by the fact that this was a matter which by right fell to the devolved administration - and it alone - to determine. This approach by the Secretary of State has not created the environment or, arguably, the will on the part of some to work to resolve the issue.

10. There are four options for addressing this issue, which it has been argued are consistent with the Agreements:

(a) flying of no flags on government buildings;
(b) flying both the Union flag and the Irish Tricolour;
(c) creating new consensual symbols with which both unionists and nationalists could identify;
(d) acknowledge that the principles of the Agreements may enable consideration of the display of the Union flag and Irish Tricolour together and, where appropriate, display of the Union flag or Irish Tricolour only on restricted days and on restricted buildings by agreement.

11. The SDLP is prepared to consider each of these options. It is recognised that the display of both flags would at this time be viewed by unionists as not sensitive to their concerns and that, also, in the current circumstances, it may be difficult to secure agreement on consensual symbols. However, the SDLP would wish to explore further these options in order to satisfactorily resolve this issue.

12. The SDLP remains committed to develop this issue in a creative and constructive manner. Therefore, and elaborating on 10(d) above, it has been argued that it is not necessarily valid that the same outcome is achieved on all aspects of expression of different identities in Northern Ireland. Indeed, it is argued by some that parity of esteem could allow for different, as well as the same circumstances, to apply in relation to issues of identity. In this context, a situation could arise where there would be different, as well as same circumstances, applying to the display of the Union flag and to the Irish Tricolour. If different as well as same circumstances, could apply to the display of flags, it would then be a matter of agreeing when and where they could be displayed, either together or separately, ensuring that there is no unreasonable differential between the occasions when , for example, the Union flag and the Irish Tricolour would be displayed separately. It would help inform this issue, if this option was to be explored further.

However, an environment to consider all options can best be developed if there is a determination arising from the present consultation consistent with paragraph 8(a), (b) and (c) respectively of this submission.

13. At the present, however, the SDLP favours, as an interim step, in the current environment and to act consistent with the Agreements the option of flying no flags. This is not a resolution to the issue. It reflects realities without closing down opportunities, treats both communities in Northern Ireland equally and is consistent, not only with the principle of just and equal treatment for the identity, ethos and aspirations of both communities, but also with the right of people in Northern Ireland to identify themselves and be accepted as Irish or British or both. The SDLP believes that this is the preferred method to proceed. However, the SDLP repeats that this is not a resolution of this issue and will continue to seek to explore methods of advancing the other options and addressing concerns.

14. At this time, it appears government will propose that the Union flag only should be displayed on government buildings. As previously outlined, the SDLP is not in favour of this proposal. If government is determined to pursue this issue, the SDLP believes that the Union flag should not be displayed on Departmental buildings, that display should be on a restricted number of other government buildings and that display should be on a restricted number of days.

15. In an attempt to address the issue in a constructive and creative way and as an example of the thinking which informs paragraph 10(d), the SDLP submits that it is appropriate that both the Union flag and Irish Tricolour should be displayed at appropriate British-Irish and North-South meetings respectively arising under the Good Friday Agreement.

The SDLP believes that to do so:

• is consistent with the principles outlined in the Agreements
• is a sensitive expression of identity in a way that should not cause undue anxiety to the community
• enables this issue to be developed in a constructive manner and create understanding and respectful relations.

The SDLP therefore proposes the display of both the Union flag and Irish Tricolour on buildings during the conduct of meetings of:

• the British-Irish Council
• the North-South Ministerial Council
• North-South Bodies
• and other meetings of the British-Irish and North-South institutions established under the Agreements.

16. The SDLP submits that the issue of display of flags should be kept under periodic review. Review is consistent with and a requirement of the Good Friday Agreement. Moreover, a more consensual approach to the display of flags on government buildings may emerge in time and periodic review of this issue may create some impetus in this regard. In addition, the SDLP submits that the proposed regulations should be time-limited, being for one year only in the first instance.

17. The SDLP notes that there have also been significant developments in terms of culture awareness and mutual tolerance in recent years. There are many images and headlines that suggest otherwise, but, in general, this assertion holds. It should be recognised that, as a society, we have not developed to the point of mutual acceptance or toleration of the flags, emblems and symbols that reflect and represent our different identities. The SDLP believes that our society will reach that level of awareness whereby respective flags, symbols and emblems will be honoured or that common flags , symbols and emblems will be agreed.

18. To do so requires an environment whereby the Agreements are and are seen to be upheld; that its principles are respected; that difficult judgements are made consistent with the intention of the Agreements; that each citizen and community knows that that which good government, the Agreements and a stable community requires will be implemented.

The fact that this issue should ever arise is indicative of the folly of the Belfast Agreement. It is by virtue of the unaccountable authority vested in Ministers that this situation has been allowed to occur. The Union Flag is the flag of the United Kingdom and should be accorded its place on Government Buildings.

The proposed regulations fail to fully respect the constitutional position of Northern Ireland within the United Kingdom. They prohibit the flying of the Union Flag on all but the specified days and leave various issues in the hands of unaccountable Government Ministers.

Below are listed a series of propositions, which are submitted for the purpose of consideration by the Assembly Committee with a view to being incorporated into the regulations.

• The Union Flag is a constitutional symbol recognised internationally. As an integral part of the United Kingdom the Union Flag is therefore the constitutional symbol for Northern Ireland and should be accorded no less standing and acknowledgement than in any other part of the Kingdom.
• The Union Flag shall be flown on all Government Buildings on the specified days.
• The specified days will be those days on which it was the practice to fly the Union Flag in the period of the 12 months ending with 30th November 1999.
• No other State's flag, except with the express permission of the Assembly, shall be flown on Government Buildings.
• The Union Flag shall be flown in the manner and style which was the practice in the period of the 12 months ending with 30th November.
• Where the flag was not previously flown over a Government Building the flag should be flown in the manner it is flown at other Government Buildings.
• The premises officer shall be appointed to ensure the flag is flown in the manner and on the days required. This responsibility shall be a duty of his service.
• The European Flag shall not be flown, except with the express permission of the Assembly.
• There shall be no prohibition on the flying of the Union Flag on Government Buildings at any time.
• The Union Flag shall be flown at Parliament Buildings, Stormont on all plenary sitting days of the Assembly.
• The Union Flag shall be flown at half mast on all Government Buildings following the death of a member of the Royal Family, or of a serving or former Prime Minister of the United Kingdom on such days as notified in the Belfast Gazette.

The recent announcement by the British Secretary of State of his intention to take upon himself - through an undemocratic 'Order in Council' - the role of arbiter in the dispute over the flying of flags is not acceptable. In no circumstance can Peter Mandelson put himself forward as a neutral referee in this case.

Mr Mandelson's announced intention is to create a mechanism that would in effect restrict the exercise of authority by Ministers on this matter subsequent to their appointment. This is very obviously bad faith on the part of the British government.

The British flag, whatever political allegiance to Britain it may convey, has been used by unionism as a symbol of political dominance and a tool of sectarian coat-trailing.

All of this was best summed up by the late, eminent human rights lawyer P J McGrory, who wrote about life for nationalists in the northern state. He wrote:

The norms applied to the flying of flags at government buildings in Britain are not appropriate to the north of Ireland.

The north of Ireland is not "as British as Finchley".

The unique nature of the Good Friday agreement and the circumstances and conditions which gave rise to its negotiations are testimony to that fact.

The Good Friday negotiations were about tackling all of this and more.

The principles and positions agreed between the parties and the two governments at Castle Buildings at Easter 1998 were about mapping out a framework which would ensure equality and respect from and for all citizens, as well as defending and protecting human rights and civil liberties.

Any approach to the issue of flags should be set firmly within the context of the Good Friday agreement.

Paragraph 1 of the Good Friday agreement's Declaration of Support reads:

With regard to the issue of symbols and emblems the agreement also embraced the sense of a new beginning.

Regrettably no formal monitoring arrangement was agreed or made.

The upshot of this was the Order in Council - Flags Order 2000, which gives the British secretary of state the powers to make regulations for "the flying of flags at Government Buildings".

The Secretary of State's draft Regulation also contradicts the Fair Employment Code of Practice (5.2.2), as applied in the 1995 case of Brennan v Short Brothers PLC, where the Tribunal stated ".employees do not have to tolerate reminders or suggestions that particular religious beliefs or political opinions have a special place in the ir workplace.It has to be emphasised as often as is necessary that anything which identifies community allegiance needs justification in the workplace."

This is reinforced by section 75(1) of the Northern Ireland Act which imposes a statutory duty on all public bodies to promote equality of opportunity and good relations.

The agreement should be the philosophy that informs any decisions taken on the issue of flags.

It is a contract between enemies and opponents who hold to different political allegiances. Parity of esteem, equality, inclusivity and the promotion of mutual respect should underpin future decisions on the flying of flags at government and public buildings.

Therefore, where British cultural symbols are involved in public life, equivalent Irish cultural and political symbols should be given equal prominence.

If agreement or consensus cannot be found on this, then a reasonable alternative, which fits the required criteria, is to suspend the flying of flags until such agreement or consensus can be found.

In summary, the position on the flying of flags at government buildings and public buildings should be an equality scenario, or a neutrality scenario. The Secretary of State's draft Regulations do not address this in any constructive way and should be rejected.

What is clearly required is a new beginning on this issue.

Any proposal for the flying of flags in Northern Ireland should take account of differing views within Northern Ireland society, as well as precedent in other parts of the UK. The following points appear relevant:

• The Good Friday Agreement recognises that Northern Ireland is a deeply divided society, that mutual respect should guide this society's approach to the use of symbols and that symbols are not to be used to stress dominance and exclusion. The Agreement also entrenches the Principle of Consent: that Northern Ireland remains a part of the UK unless and until its people decide otherwise.
• The Scottish Parliament flies both the Union Flag and the Saltire, while the National Assembly for Wales flies the Union Flag, the Welsh Flag and the European Flag every day of the year.
• There is, as yet, no agreed symbol for Northern Ireland comparable to the red dragon or the Saltire. The flag of the former government of Northern Ireland is not widely acceptable. However, the adoption of the flax flowers by the Assembly is a healthy precedent and attempts should continue to find a new symbol for the region which could gain broad acceptability.
• Within Northern Ireland, the Irish tricolour is not comparable to the Scottish or Welsh flags. Its regular use alongside the Union Flag would have two negative effects: first, it would imply that there was joint sovereignty and second, it would suggest that the Union Flag represented one section of the community while the tricolour represented another, entrenching divisions and harming the prospect of greater pluralism.

Alliance believes that any Regulations for flying flags on government buildings should:

• recognise the Principle of Consent;
• minimise feelings of either dominance or exclusion; and
• promote pluralism and those symbols which unite the community.

Alliance therefore broadly welcomes the Draft Regulations referred to the Assembly by the Secretary of State on 8 September. The following constitutes an initial response:

Regulation 2:

Provision could be made for the flying of St Patrick's Flag on 17 March, on the same basis as the European Flag on 9 May. Suggested wording:

2 (5) Where a government building specified in Part I of the Schedule has more than one flag pole, St Patrick's Flag shall be flown in addition to the Union Flag on St Patrick's Day.

Amending Regulation 2 would also affect 5 (1) (a).

Amend to read "where regulation 2(4), 2(5) or 3(2) .."

Regulation7:

The inclusion of a reference to Regulation 3 (1) appears unnecessary and divisive.

Regulation 8:

The inclusion of a reference to Regulation 3 (2) appears unnecessary and divisive, but 2(5) should be included.

Schedule Part II:

The removal of 12th July is welcome as a means of reducing feelings of exclusion.

The United Unionist Group in the Northern Ireland Assembly was opposed to the Belfast Agreement, and one of its principal concerns was the threat to the constitutional position of Northern Ireland within the United Kingdom. The vast majority of citizens in Northern Ireland wish to maintain that link and one of the most visible and outward expressions of their position is the flying of the Union Flag.

We are told that the Belfast Agreement recognises the right of the majority of people in Northern Ireland to retain the link with the United Kingdom on the basis of the consent principle. The mere fact that the flying of the Union Flag in Northern Ireland is an issue would imply that there are those who have signed up to the Belfast Agreement who do not recognise the Principle of Consent, and so, when the Union Flag ceases to fly over the Government Buildings, it sends out dangerous signals to the Unionist community.

In Wales and Scotland there is no difficulty in the flying of the Union Flag over their National Assembly and Parliament Buildings, yet powers have been devolved in exactly the same way.

While recognising that the Welsh and Scottish flags fly alongside the Union Flag, the Irish Tricolour, as the flag of a foreign nation, cannot be seen in a comparable way. We would also add that we fully acknowledge that the Union Flag and the Irish Tricolour have been flown and used in an offensive way.

Nevertheless, there is real concern within the Protestant and Unionist community that the issue necessitates any kind of discussion - the flying of the national flag should never merit negotiation at all. In a divided society like Northern Ireland, the symposium of the issue serves to underline the lack of confidence in a process that is increasingly perceived in our community as a course of action aimed at eroding the rights of the majority. The importance and symbolism in the flying of the Union Flag cannot be over emphasised.

Many Unionists already believe they are alienated and feel like 'strangers in our own land'. In a democracy there should be equal rights for all, but the rights and wishes of the majority cannot, and must not, continue to be eroded or destroyed in order to satisfy the needs of a vociferous minority.

This matter cannot be seen as an equality issue, neither can there be any argument about neutrality. These are bogus assertions which would ultimately, if given any credence, result in discrimination against the wishes of the majority.

There is a line of reasoning that the Union Flag and the Irish Tricolour are expressions of two cultures, however this argument should be separated from the constitutional one. In pure constitutional terms, if the consent principle in the Belfast Agreement is to mean anything, Northern Ireland is part of the United Kingdom and the flag of the UK is the Union Flag.

While we have no difficulty with the Union Flag flying on St. Patrick's day, it should be noted that one section of the community has 'hijacked' this day to promote its own culture and could be seen to contrast with the exclusion of the flying of the Union Flag on the 12th July.

We also believe that the Union Flag should be flown on the 1st July on the anniversary of the Battle of the Somme when soldiers from all over Ireland, both Protestant and Roman Catholic gave their lives in the Great War.

It is with disappointment that we note that Parliament Buildings is omitted from the list of specified Government Buildings, and in accordance with the Scottish and Welsh Assemblies, believe that the Union Flag should also be flown at Stormont and preferably on all sitting days.

It is also a matter of some concern that whilst the regulations stipulate occasions when the Union Flag 'shall be flown', we have in the past experienced an absence of the Union Flag on designated days at certain government buildings. Nowhere in the regulations is there provision to deal with such an incident or specification as to how the offending Minister shall be reprimanded should his / her department not fly the flag in accordance with a directive from the Minister personally. It is imperative that this omission is addressed and some kind of sanction imposed..

The definition of 'Government Building' should be rectified to include Parliament Buildings and indeed any building where a Minister holds office. The term Government Building should be inclusive of Local Government Offices and other Public Authorities, for example Education and Library Boards.

We would recommend that no other flag, aside from the Royal Standard in the event of a visit by Her Majesty the Queen, should be flown at any government building except by the prior approval of the Northern Ireland Assembly.

It is our belief that while the Union Flag should certainly be flown at least on all designated days, there should be no prohibition to its flying on Government Buildings at any time.

The NI Women's Coalition recognises that the question of culture and symbols in the Northern Ireland context is a difficult and highly emotive issue. We acknowledge at the outset that the debate over flags is not, in essence, about flags 'per se'. Rather it is a debate about the visible representation of who we are as a people and how our differing political and cultural allegiances are represented at an official level.

The Coalition understands that for many unionists in Northern Ireland, the past, and how it was represented symbolically, was very much about the unionist identity. We also understand the concern that many unionists have about the future and how it will be represented symbolically. We believe that unionists, nationalists and 'others', should be assured that the future, and how it will be represented symbolically, should be about 'us' and any new shared future will require new shared symbols - symbols that will be created and agreed together.

We recognise, however, that this is a long-term aspiration that the Good Friday Agreement signposts. Given the current political climate and reflecting on the fears that many have around this issue, the Coalition believes that it is not yet the time to have this debate. It is not useful to heighten tension in the communities which, we believe, this debate has the potential to do and we know that heightened tension had the capacity to spill over into public disorder.

The Good Friday Agreement, in affirming and assuring the status of Northern Ireland within the United Kingdom, also established institutions, in particular the Assembly, whereby power is shared. There is no doubt that Northern Ireland is very different from other parts of the UK and this difference should be reflected in the flags debate. The Agreement explicitly recognises that

"..the power of the sovereign government with jurisdiction there shall be exercised with rigorous impartiality on behalf of all the people in the diversity of their identities and traditions and shall be founded on the principles of full respect for, and equality of, civil, political, social and cultural rights, of freedom from discrimination for all citizens, and parity of esteem and of just and equal treatment for the identity, ethos and aspirations of both communities" and,

In other words, the Agreement clearly establishes the constitutional status of Northern Ireland, but also recognises and allows the different political and allegiances to be represented within that.

The Coalition believes that the debate we must embark on together is how to square this circle in terms of visible symbols. We believe that the four-week period allocated to the Ad Hoc Committee on Flags is too short to enable us to address these issues in the detail they deserve. The process by which we do this is important because it allows us to take time to listen and learn from a range of expertise and experience in order to achieve an acceptable outcome in the longer term.

In light of the above, the NIWC recommends that

• The draft regulations should be accepted as a holding measure for a twelve-month period only
• The timeframe of the Flags Committee of the Assembly be extended to match this twelve-month period
• The remit of the Committee should be widened to permit gathering of evidence from internal and external sources and consultations on the variety of options available to include
• Two Flags (Union Flag and Tricolour)
• No flags (moratorium on flags)
• A new flag (reflecting the governance of the new dispensation)
• Any combination of these options

While the Coalition has recommended the acceptance of the draft regulations as a holding position, we believe that perpetuating the status quo (i.e. flying one flag) is not a long-term option. Additionally we believe there would be merit in the following:

• Undertaking an examination of the number and purpose of the 'Official Days' on which flags are flown (examples from Scotland and Wales).
• Exploring the ramifications of official flag flying under the Human Rights Act
• Examining what constitutes a public building for flag flying purposes and what rights to consultation the users of any such building might have.

The Progressive Unionist Party's view of the flag's issue cannot be divorced from their vision for the future based upon the GFA and the parameters contained therein.

The healing process, which the GFA was meant to be, is seriously hampered by continued resurrection of divisive issues - especially if those issues are hyped to ones own constituency as make or break.

Northern Ireland is an integral part of the United Kingdom as per the will of the people. There is no requirement to all day every day ensure that that glaring fact is appreciated. However, obviously, the fact remains.

Those who created the GFA acknowledge

There can be little doubt that the flag of a nation is indeed a constitutional symbol. Not only is the flag of the nation a national constitutional symbol, it is also an internationally recognised constitutional symbol. The flag of a nation state identifies its people and territory.

The Nationalists have accepted the will of the people of Northern Ireland, and subsequent to that, also the territorial integrity of the United Kingdom. At least, that's according to their acceptance of the GFA!

It is the contention of this party that no committee was required to deal with the flag issue.

We believe that the Union Flag should be flown on the same designated days as the rest of the United Kingdom.

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