A watchdog has ruled that a Northern Ireland council has broken its own equality rules when it prohibited stall-holders from selling Parachute Regiment flags at an Apprentice Boys parade in Londonderry.
Derry City and Strabane District Council said in 2023 that “due to particular sensitivities”, stall-holders were not allowed to sell emblems of the regiment – some of those solders shot dead 13 people on Bloody Sunday in 1972.
The Quality Commission said the council had not correctly assessed the potential impact of the decision.
However it did not look at the actual policy itself.
The commission also found there were failures in the council’s training, ensuring staff and councillors knew their equality duties and responsibilities under the law.
The policy – opposed by unionists – came after complaints that some stall-holders had sold Parachute Regiment and UVF flags at a parade in 2022.
Many of those flags were seized by the Police Service of Northern Ireland in the Waterside area of the city.
Sinn Féin and the SDLP said the review was aimed at preventing the display or sale of emblems that “could reasonably offend”.
Stall-holders were not allowed to sell Parachute Regiment flags in 2023
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GEOGRAPH
However, Democratic Unionist Party (DUP) councillors and Ulster Unionist Party (UUP) said it was impossible to come up with a policy on offensivness.
They argued that different people were offended by different things.
The move was ultimately adopted by the nationalist-controlled council.
It argued they did not have to screen the changes due to them being “clarification of the associated criteria” on street trading and it was not a full policy change.
A previous Apprentice Boys parade in Northern Ireland
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WIKIMEDIA COMMONS
The commission disagreed.
It found the proper evaluations were not executed and that councillors could not be sure that they were “in a position to full assess the potential impact on equality of opportunity and good relations” when they were making the changes.
Chief Commissioner Geraldine McGahey said there was a “clear message” for all councils that they had to make sure staff and elected members were truly aware of their legal duties and commitments in their equality schemes.
“This report makes clear recommendations for Derry City and Strabane District Council,” she said.
“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 added that “the council’s training plan” should be regularly reviewed.
Ms McGahey asked for an update on progress in the next six months on how it is implementing the recommendations.
The council said it welcomed the findings.
A spokesman said it acknowledged the findings.
He added the council was “fully committed to implementing the recommendations contained within the report” and it will provide the commission with the requested update.
The council said it remained “dedicated to promoting equality of opportunity and good relations in all of its functions and decisions”.
