Protestors gather at High Court over council decision to fly Palestine flag

Caoimhin McNulty/PA A Palestinian flag flying from Belfast City Hall.Caoimhin McNulty/PA

Protestors have gathered outside the High Court as a case is being heard over procedures used to decide to vote on flying the Palestinian flag over Belfast City Hall.

A 20-year-old man was arrested on suspicion of disorderly behaviour and remains in custody.

The proposal, from Sinn Féin, was passed by 32 to 28 votes on Monday and it was put up just after midnight in the early hours of Tuesday morning.

The Traditional Unionist Voice (TUV) has challenged the legality of the decision.

Pacemaker Two people putting up a Union Jack flag and Israeli flag on a railing.Pacemaker

Protesters are gathering at the High Court

Pacemaker The Palestine flag is flapping in the wind outside a baroque revival style building. Several pillars decorate the building. The roof is a green dome. The sky is light blue. A tree is bare of leaves. Pacemaker

The proposal to fly the flag was passed by 32 to 28 votes on Monday

According to a barrister acting on behalf of those opposed to the flag.

“It is not about the flying of the flag but about the legality of the (Council’s) process.”

They said that the council’s procedure “was plainly legally incorrect and clearly cannot be sustained in law”.

Counsel acting on behalf of Belfast City Council said that there were sections of the local government act that “does create difficulties” and that there was “no doubt that there was a requirement for clarity”, it should not mean that local government should grind to a halt as a result.

Police car in front of Belfast City Hall. There are cars and market stalls in front of the city hall. The sky is blue.

There was a police presence at Belfast City Hall on Tuesday morning

The council had voted last month by an overwhelming majority to fly the flag but unionists objected, and then used the call-in procedure at City Hall to challenge the legitimacy of the decision.

The legal advice over the flag flying was published on Belfast City Council’s website.

It states that “the decision was not arrived at after a proper consideration of relevant facts and issues”.

A man in a pink shirt with short hair

TUV councillor Ron McDowell has lodged an application to challenge the flying of the flag

TUV councillor Ron McDowell said the council’s decision had been “an attempt to outrun the law”.

“We were told there was no negative impact on good relations in the city according to a council equity report but the situation in Palestine and Israel is rooted within two communities and is deeply controversial,” he said adding that had led to people protesting against the decision.

“This is an emotive issue,” he told BBC News NI, adding that Monday night’s proceedings were not “democratic”.

The flag going up

The flag was put up just after midnight in the early hours of Tuesday morning

The 60-member council had revisited the issue at a special meeting on Monday ahead of its monthly meeting, however, this vote was much closer than the original motion.

The Alliance Party backed the original proposal, however, on Monday it suggested illuminating the City Hall in Palestinian colours in the New Year.

They voted against the flag flying, but it was supported by the Social Democratic and Labour Party (SDLP) and Green Party, as well as Sinn Féin.

The back of two police officers looking in the direction of a small group of protestors all dressed in dark clothing standing on a footpath. One is holding an England flag

Protesters gathered outside Belfast City Hall on Monday night

Belfast County Grand Orange Lodge of Ireland said in a statement said they were “frustrated and utterly dismayed” at the council’s decision.

They said the flying of the flag before the High Court’s case was heard was “incredibly alarming and shows that the Republican and Pan Nationalist members of Belfast City Council are supporting division and disregarding the legal process”

“This is a clear sign that Belfast City Council is a cold house for Protestants/Unionists,” the lodge said.

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