Equality Commission investigation findings of Derry council's banning of Para flags delayed

Publication of the findings of an Equality Commission investigation into Derry City and Strabane District Council’s (DCSDC) Temporary Trading Licence byelaws has been postponed.

Councillors at Tuesday’s Governance and Strategic Planning committee meeting were told the report would now be available in February.

The Commission had previously advised Council “the investigation was continuing, and it was hoped to have a draft investigation report for its committee to consider at its December meeting”. The delay is due to what the Commission described as “staff absences and competing priorities”.

The Equality Commission is investigating a complaint regarding alleged failure(s) of the Council to comply with the commitments in its approved Equality Scheme. 

The complaint relates to actions regarding the Council’s Temporary Trading Licence byelaws, and specifically the “preparation and adoption of the Council report titled: ‘Planned Approach to Temporary Street Trading Licensing for this Year’s Annual “Relief of Derry” Celebrations’ and the amendment to its criteria for deciding temporary street trading licenses” in November 2022. 

The regulations contained in the ‘Planned Approach to Temporary Street Trading Licensing for this Year’s Annual “Relief of Derry” Celebrations’ prohibited the sale of any items likely to “give rise to reasonable offence”. These included the previously banned sale of items linked to paramilitary organisations. 

The new criteria were opposed by DUP and UUP members of Council. 

Derry City and Strabane District Council’s ban on such items followed complaints in August 2022 about a stall at the Apprentice Boys’ annual Relief of Derry parade selling British army Parachute Regiment flags - the regiment responsible for Derry’s Bloody Sunday - January 30, 1972 - in which 13 anti-internment demonstrators were shot and killed.

Relatives of the Bloody Sunday victims described the selling of Parachute flags as “offensive”, when photographs of the stall emerged. 

In July 2023, Derry City and Strabane District Council sent letters to street traders, a few weeks before the annual Relief of Derry parade, informing them of the new byelaws. 

Traders were also reminded about the ban on selling items linked to proscribed groups. In addition, the letter informed traders about the new ban on selling anything to do with the Parachute Regiment. 

It said: “While the Parachute Regiment is obviously not illegal, there are particular, well known sensitivities associated with the Regiment in this city.

“Having regard to Council’s ‘Section 75 duties’, which require Council to have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group, it is considered inappropriate for Council to authorise the display, sale or supply of items associated with the Parachute Regiment in temporary licences at this time.”

However, a complaint was subsequently lodged with the ECNI about the council’s stance. 

The Commission wrote to the Derry City and Strabane District Council’s chief executive on July 10, 2024 stating it had “decided to investigate the matter”.

In cases where an Investigation is authorised, a report is produced and the Commission is required to issue it to the parties to the investigation, that is, to the complainant and to the public authority. 

The Commission must also send the report to the Secretary of State and the Northern Ireland Assembly. 

A spokesperson for Derry City and Strabane District Council explained it would be inappropriate for Council to provide any further details in relation to this matter until the process was completed and those details were brought before the members of the Governance and Strategic Planning committee.