What are the key points from the 44 recommendations included in the flags and culture report

A long-delayed report on flags and culture in Northern Ireland has been published by Stormont’s Executive Office.

head of its long-awaited release on Wednesday, the report, which has cost approximately The Commission on Flags, Identity, Culture and Tradition (FICT) have published its long-awaited £800k report.

Despite making 44 recommendations, the report has accepted that “challenges remain” around flags, bonfires and memorials. Here are key findings from the 188-page document:

One of the main points is the proposal of a new civic flag for Northern Ireland. The report explained: “This would not be a regional flag or a national flag, but rather a civic flag that would be designed to be representative of the diversity of our society, including our new communities.

On flags, the commission said it had not come to agreement on whether changes should be made to existing legislation on placing flags on lampposts and other street furniture.

On the issue of the flying of flags on public buildings and said there had been “no meeting point” reached.

However, various options were outlined, which included the flying the Union flag on designated days, flying the Union flag and Irish tricolour, and the flying of no flags at all.

Flags should not be placed on lampposts, property, or near a place of worship or school, in any way that could be considered “intimidatory or threatening”.

They should not be flown around places where public services are delivered, such as hospitals, health centres, leisure centres and libraries. And they should not be placed near interfaces.

The subject of bonfires prompted the Commission to recommend the Executive should recognise that “bonfires are an important aspect of the culture, identity and tradition of communities and are therefore a legitimate form of celebration or commemoration, provided they are compliant with the law”.

The Commission also suggested that where bonfires occur in a legal manner, “as a minimum” the collection or gathering of any materials on a bonfire site should begin no earlier than six weeks prior to the bonfire being lit. And only wooden should be used for the pyres.

On murals, the report’s proposals included the Executive developing an accredited arts training initiative to help communities erect positive imagery.

The commission also recommended that the Executive carries out a review of existing legislation and introduces new laws if necessary to empower public bodies to prevent or remove murals where they contravene a set of guidelines.

It also recommended the Department of Education, in conjunction with CCEA, to review the curriculum and ensure that every school child learns about the key markers of cultural identity in our society. This would include expressions that reflect the three traditional strands of historic Ulster identity (English, Irish and Scots) alongside cultural expressions of British and Irish heritage.

The commission proposed the Executive should acknowledge that “everyone has a right to remember their dead” in a way that is “respectful, sensitive, dignified and seeks to avoid causing pain or hurt to others”.

As such, it suggested ministers bring forward proposals for a protocol for “respectful and shared commemorative events”.

There was no agreement from the Commission on ideas discussed such as a formal collective “day of reflection” for everyone who suffered as a result of the Troubles.

Here are the 44 recommendations in full

• The NI Human Rights Commission, Equality Commission and other appropriate agencies and NGOs continue to work on the development of a culture of rights within our society. 
• The Human Rights Commission and the Equality Commission bring forward recommendations to the Executive for publicly funded measures to assist the development of capacity within groups who have not previously availed of a rights-based framework.
• The Commission recommends that the legal duty of Good Relations should be clearly defined in law.
• The Commission recommends that the delivery of Good Relations interventions, has reductions of sectarian and race hate incidents as key outcomes.
• The Commission recommends that all those in positions of leadership – political, civic and in public agencies – seek opportunities to publicly declare their commitment to the following vision and ambition for our community: We are committed to creating an open, tolerant and respectful society, which seeks to increase and deepen understanding of differing cultural identities; Our ambition is to become a community in which everyone’s cultural identity and its expression is both respected and respectful; We will do our utmost to build a society in which everyone feels welcome and entitled to express their cultural identity, in a way that respects others, within the rule of law; We wish to see our society move to a place where the development of diversity is seen as contributing to our collective cultural wealth; It is our responsibility to undertake this task within a culture of lawfulness, in which everyone sees the mutual benefits of complying with the framework that govern how identity and cultural expression is marked; We recognise the importance of good relationships in our communities and institutions, and that our words and actions will impact, positively or negatively, on developing and maintaining those relationships; We will seek to develop and protect shared public spaces, where no area is seen as belonging to any one section of the community.
• The Department of Education, in conjunction with CCEA, to review the curriculum and ensure that every school child learns about the key markers of cultural identity in our society. This would include expressions that reflect the three traditional strands of historic Ulster identity (English, Irish and Scots) alongside cultural expressions of British and Irish heritage. This should include wider European and global cultural influences (including recent migration patterns); and key cultural markers of minority ethnic and faith communities. 
• The Department of Education, in conjunction with CCEA, institutes a core history unit running throughout Key Stage 3 (ages 11-14). This would cover, for example, the Normans in Ireland to the Good Friday Agreement and exploring multiple narratives and our shared history within Northern Ireland and the island of Ireland
• the Department of Education provides resources and training to ensure that teachers feel confident in facilitating discussion of controversial issues in the classroom.
• The Department for Education ensures that the remit of the Education and Training Inspectorate includes a responsibility to specifically report on their assessments to see if schools are delivering on the minimum requirement of the curriculum in relation to building mutual understanding, and provides adequate resources for it to do so.
• Broadcasters and media organisations in Northern Ireland provide cultural awareness training for their employees. Consideration should also be given to the drawing up of guidelines regarding the coverage of cultural activity, including music and sport, to ensure fair and balanced reporting and visibility of events.
• The focus of media coverage of local issues should be broader than news and current affairs. Programming on mainstream television and radio programmes should highlight local initiatives, including the vast and varied cultural output
• The Commission recommends that where social media becomes a platform for hate speech, the PSNI must investigate.
• In relation to Sport NI the Commission recommends that it includes within its Vision, Mission and Strategic Objectives an explicit reference to the role of sport, and Sport NI, in helping to build a shared society; that it provides sporting organisations with practical guidelines on dealing with issues related to identity and division within sport, and support to implement them; that along with other statutory bodies that fund sport, it be obliged to make any funding that it invests in sporting bodies conditional upon demonstrable implementation of good relations plans, with defined and measureable outcomes, and that funding and other support is made available to assist sporting bodies in doing so; that in order to build on the progressive work undertaken by sporting bodies to date; it should convene a “Sport for All” group, comprising the major sporting bodies that operate within Northern Ireland, including those that operate on an all-island basis.
• This group would consider, in consultation with groups representing supporters, councils and the wider community, what further steps they could individually or collectively take to create a welcoming environment for all; that recognising the anomalous position which prevents some local competitors representing Northern Ireland at international tournaments, it should examine on a sport-by-sport basis whether there are steps that it can take to address this issue.
• The Commission recommends that, notwithstanding the rights of individual organisations, all sporting bodies are supported to ensure that their policies, practices and use of public resources are in accordance with the principles of equality and good relations, equity, diversity and interdependence, and directed towards sports development and sporting activities.
• The NI Executive consider the Ulster University’s research into Social Exclusion and Sport in Northern Ireland 2015 and where appropriate implements the various recommendations.
• Political leaders seek further opportunities to demonstrate that sport can be enjoyed regardless of any individual’s political or cultural identity.
• Sporting bodies continue to look closely at the cultural aspects of their organisations that can be perceived as barriers to creating a welcoming and inclusive environment for people from across our society
• The NI Executive recognises the shared heritage of British, Irish and Ulster-Scots within our society.
• The NI Executive declares that British culture and heritage (which includes the English language); Irish language, culture and heritage; and Ulster-Scots language, culture and heritage should command equal respect in our society.
•  public bodies be supportive and generous towards British culture and heritage; Irish language, culture and heritage; Ulster-Scots language, culture and heritage; and towards the cultural identities of other communities within our society.
• The NI Executive, political parties and civil society consider how to increase positive attitudes towards British culture and heritage; Irish language, culture and heritage; and Ulster-Scots language, culture and heritage; and towards the cultural identities of other communities within our society in a manner that is appropriate to a society emerging from conflict.
• Education should be central to promoting mutual understanding and respect in our society around cultural diversity.
• The special place of the Irish language and UlsterScots language, culture and heritage be resourced appropriately and that this should be audited on the basis of Equity, Diversity and Interdependence.

• The NI Executive develop a new civic accredited arts and heritage, education, training and exhibition initiative in a dedicated space.
• The rights, values and principles upon which society seeks to express and celebrate culture, identity and tradition be used as the basis for organising events and creative expression in the public space.
• The NI Executive ensures that the use of the arts in the public space is supported by an equitable and proportionate distribution of available public funds that evidences value for money.
• The NI Executive fully appraise the direct, indirect and induced costs and benefits of arts in the public space including cultural celebrations.
• The public bodies and organisers work together to ensure that event organisers can avail of a range of training packages
• Councils should adopt a standardised plan that organisers of public events should follow, ensuring a consistency of approach across council areas.
• The Commission believes that event organisers should be mindful of the potential for symbols/emblems to cause offence.
• The NI Executive recognise, that within Northern Ireland bonfires are an important aspect of the culture, identity and tradition of communities and are therefore a legitimate form of celebration or commemoration, provided they are compliant with the law.
• The Department of Agriculture, Environment and Rural Affairs make bonfire materials, of wood only, exempt from being classified as controlled waste within the Waste and Contaminated Land Order, for traditional bonfires. This would enable such bonfires to occur lawfully on public land when they are undertaken as part of a cultural event and where landowners permit them to occur. As the proposed change in legislation would enable land owners to permit a bonfire on their land for such an occasion, land owners would be in a position to set the conditions upon which such permission is granted, thereby ensuring that the bonfire is safe.
• Article 10 of the Recreation and Youth Services (NI) Order 1986… [should be extended by the NI Executive] to other relevant public land owners to similarly enable them to provide space for a bonfire when it is undertaken as part of a cultural or commemorative event.
• NI Executive considers the inclusion of a programme to support positive expression of cultural heritage and commemoration, within a context that promotes a sensitivity towards environmental awareness, and highlights the risk to life and property and which causes harm to human health.
• The NI Executive also considers the development of a skills based arts programme that harnesses the creativity and talents of those involved in the construction of bonfires. 
• Under the leadership of the NI Environment Agency, landowners and relevant statutory organisations collectively and robustly pursue incidents of illegal dumping of tyres, rubbish and fly-tipping at bonfire sites.
• The NI Executive fully supports statutory organisations where and when they have to intervene in the event of a bonfire being planned, constructed or burned in a manner that:  Risks life and/or property; or causes harm to human health or the environment; or gives rise to an offence of hate crime; or encourages support for proscribed organisations; or gives rise to instances of Anti-Social Behaviour; or is being constructed without the permission of the landowner.
• The NI Executive endorse a set of conditions that public land owners would require bonfire builders to comply with, in order for a bonfire to be permitted.
• The NI Executive develop an accredited arts, education and training initiative in relation to murals.
• The NI Executive devises an appropriate way of supporting communities to address the continued presence of murals that advertise and lend support to proscribed organisations through a process of re-imaging that would remove or replace murals.
• The Executive undertakes a review of existing legislation and if necessary, introduces new legislation to empower public sector bodies to take action to remove murals, on public and private buildings, or prevent them being painted where they contravene a set of guidelines.
• The NI Executive acknowledges that everyone has a right to remember their dead and that this should be done in a way that is respectful, sensitive, dignified and seeks to avoid causing pain or hurt to others.
• The NI Executive bring forward proposals for the development of a protocol, based on the CRC&HLFNI/BCC principles, to enable society to engage in respectful and shared commemorative events and activities generally.
• Executive Action Plan is produced on how to implement the recommendations within this report as well as a roadmap to continue to explore those areas where challenges remain.
• The Commission discussed how to measure Equity, Diversity and Interdependence (EDI) within our society. However, the model of assessing EDI through respect, recognition, representation and resources was not one that the Commission could reach consensus on.
• The Commission discussed the need for Irish and Ulster-Scots language, culture and heritage to be reflected within the representation on public bodies which are active within the cultural sphere. The Commission was not able to agree a recommendation in relation to this.
• The Commission considers that the flying of flags to mark significant cultural or historic events is a legitimate form of cultural expression. However,… current legislation does not give authority for citizens to place flags on lampposts. The exception to this is an exemption under the Roads Order for election posters to be erected during the period from when the election date is known until a short period after the election has taken place.
• The Commission could not agree on whether changes should be made to current legislation in order to create a similar exemption to that which exists for election posters.
• The Commission was of the view that any exemption under the Roads Order for the flying of flags, were it to come about, should only apply under the following conditions: For displays of flags to be representative of significant commemorations and celebrations, displays should be kept close to the dates of those events, and apply for certain times in July, August and the Easter period;  Flags should not be placed on lamp posts, on individual property, or near a place of worship or school, in any way that could be considered intimidatory or threatening; Flags should not be flown around places where public services are delivered (for example hospitals, health centres, leisure centres and libraries);  Flags should not be placed in positions that might be reasonably construed as antagonistic such as interfaces; Flags should never be flown in a worn or damaged condition, or when soiled; No national flag should ever be defiled or burned; Residents of areas where flags are displayed can reasonably expect to know who is putting flags up and how long they will be displayed; The placing of flags must not endanger the safety of road users.
• The Commission was also conscious that there are special occasions which fall outside the periods of Easter, July and August where groups and communities would wish to have flags flying for a celebratory or commemorative occasion. For the flying of flags outside of those periods, the Commission was of the view that these special occasions should have a process in place to enable authority to be granted by a designated body.
• The Commission agreed that flags supporting paramilitary organisations should not be flown. There is, in law, no such entity as a ‘paramilitary organisation’ only ‘proscribed organisations’. However, there was no agreement on a mechanism for regulation and enforcement. The Commission discussed the means by which any permission to fly flags is created would ensure that any flag that identifies with, lends support to, advertises or can be associated with any organisation proscribed since 1968 is prohibited. In particular, two options were discussed but not agreed:
• Option A: Only national flags, regional and county flags, traditional sporting flags and flags of long established official cultural organisations will be allowed. This would remove any dispute over what constituted a ‘paramilitary’ flag. 
• Option B: Flags associated with proscribed organisations (or organisations proscribed during any period following 1968) should be banned.
• There was widespread agreement that the NI Executive and relevant statutory agencies should work together to promptly remove any flags flown outside of the exempted periods, that do not conform to the code of practice or which identify with any proscribed organisation. 
• A culture of lawfulness, and public confidence, in the erection and removal of flags will only be enhanced through prompt and consistent enforcement of legislation and/or a code of practice.
• The Commission considered that flags used to commemorate people or historical events or cultural and sporting bodies should only be used in limited and respectful circumstances. If they are not linked to anniversaries or remain flying for significant lengths of time then they become more recognisable as markers of territory and potentially activities of coercion.
• In line with its remit, the Commission was tasked with developing a Flags Protocol. While there is no lawful authority, under existing legislation for the flying of flags from street furniture, a possible code of practice is provided.
• To reflect the political reality within our society, the Commission discussed the following options that were raised in the course of its public engagement:
• Fly the Union Flag on a range of designated days on all Council buildings, on the headquarters of NI Government buildings, and on National Government buildings.
• Fly the Union Flag 365 days per year on all Council headquarters buildings; and fly the Union Flag on designated days (as per DCMS) on the headquarters of NI Government buildings, and on National Government buildings.
• Fly the Union Flag 365 days per year on all Council headquarters buildings, and on the headquarters of NI Government buildings; and fly the Union Flag on designated days (as per DCMS) on National Government buildings.
• Fly both the Union Flag and the Irish national flag 365 days per year on all Council headquarters buildings; and fly both the Union Flag and the Irish national Flag on designated days on the headquarters of NI Government Department Buildings.
• Fly the Union Flag and the Irish national Flag on designated days on all Council buildings and on the headquarters of NI Government buildings.
• Fly no flags from any NI Government or Council buildings.

• The Commission also discussed the possibility of developing a new Civic Flag.
• The Commission explored a number of aspects related to memorialization, remembrance and commemoration, but was unable to reach agreement on whether or not to recommend that: The NI Executive consider formally endorse a Day of Reflection as an occasion where everyone who suffered as a result of the conflict in and about Northern Ireland can remember and be remembered. These issues could include: Removal of military images from the memorial, Removal of paramilitary elements such as clothing, balaclavas, combat clothes, Removal of references to acts of violence or acts that caused pain and hurt to others. Reduction in the scale of the memorial, Relocation of the memorial, Removal of the memorial; The NI Executive explores further the potential for the establishment of a creative public space, such as a museum, where shared remembering, education and history can be located.