My Lords, the purpose of this instrument is to remove the legal requirement for Northern Ireland government and court buildings to fly the union flag to mark Europe Day after we leave the EU. While in Wales, Scotland and England the designated flag-flying days for government buildings are covered by guidance issued by the UK Department for Digital, Culture, Media and Sport, in Northern Ireland the rules concerning such flag flying are set in statute; namely, the Flags Regulations (Northern Ireland) 2000. The power to amend this regulation is contained in the EU withdrawal Act and, subject to the will of Parliament, it will be made only after the UK has left the EU.
In considering this order, a number of issues need be borne in mind. The order relates primarily to the flying of the union flag, not the EU flag. Only where a building has two flagpoles is the EU flag flown. For information, none of the principal government or court buildings in Northern Ireland has two flagpoles. That includes headquarters buildings, such as Stormont Castle and Dundonald House, as well as the Royal Courts of Justice. Since our discussion in Grand Committee, my department has undertaken an investigation to determine how many relevant buildings have two flagpoles. Thus far, fewer than half a dozen have been identified. The withdrawal Act confers no powers to add to or adjust any other parts of the Flags Regulations (Northern Ireland) 2000. On that basis, I beg to move.
Amendment to the Motion