Council broke own equality rules in flags row

A council breached its own equality rules when it banned stall-holders from selling Parachute Regiment flags at an Apprentice Boys parade in Londonderry, a watchdog has ruled.

In 2023, Derry City and and Strabane District Council said that, "due to particular local sensitivities", stall-holders could not sell emblems of the regiment, whose soldiers shot dead 13 people on Bloody Sunday in 1972.

The Equality Commission said the council had not properly assessed the potential impact of that decision.

But it took no view on the actual policy itself.

The commission also found failures in the council's training, making sure staff and councillors knew their equality duties and responsibilities under the law.

The policy, which was opposed by unionists, followed complaints that some stall-holders had sold Parachute Regiment and UVF flags at a previous parade in 2022.

A number of those flags were seized by the Police Service of Northern Ireland (PSNI) in the Waterside area of the city.

Sinn Féin and the SDLP said the policy review was aimed at preventing the display or sale of emblems that "could reasonably offend".

But councillors from the Democratic Unionist Party (DUP) and Ulster Unionist Party (UUP) argued that it was impossible to come up with a policy on offensiveness, as different people were offended by different things.

The move was adopted by the nationalist-controlled council, which argued that they did not have to screen the changes as they were "clarification of the associated criteria" on street trading, not a full policy change.

But the Equality Commission disagreed.

It found that because proper evaluations were not carried out, councillors could not be sure that they were "in a position to fully assess the potential impacts on equality of opportunity and good relations" when making the changes.

It did not consider whether the policy itself was right or wrong.

Chief commissioner Geraldine McGahey said there was a "clear message" for all councils that they had to ensure their staff and elected members were fully aware of their legal duties and commitments in their equality schemes.

"This report makes clear recommendations for Derry City and Strabane District Council that all decision-makers including elected members must be provided with information that clearly identifies the potential equality impacts of the policies and decisions they are considering, she said.

"The council's training plan in respect to these duties should be regularly reviewed."

She has asked for an update on progress on implementing the recommendations, within six months.

Derry City and Strabane District Council said it welcomed the findings of the Equality Commission that there had not been a failure to comply with its Equality Scheme with regard to consultation or monitoring.

A spokesperson said it acknowledged the findings of the investigation report in relation to assessment and training and would be reviewing these "as a matter of urgency".

"We are fully committed to implementing the recommendations contained within the report and will provide the Equality Commission with the requested update on our progress within six months."

The Council has said it remains "dedicated to promoting equality of opportunity and good relations in all of its functions and decisions".