Legal bid to have Palestinian flag taken down denied, High Court rules | UK News

An emergency legal bid to have the Palestinian flag taken down from outside Belfast City Hall is to be denied, a High Court judge has ruled.

The judge refused the application mounted by Traditional Unionist Voice (TUV) member Ann McClure after councillors voted in favour of flying the flag for a 24-hour period.

The flag was put up shortly after midnight and was in place until dusk on Tuesday, as per usual protocols, the council said.

There have been scuffles between protesters who are against the decision to fly the flag and counter-protesters. Police, who had been maintaining a presence at City Hall, moved quickly to separate them.

A group of about 20 people, dressed in black and wearing masks came up Royal Avenue chanting “Free Palestine”.

Some of the protesters from City Hall crossed the road, leading to come clashes.

Eight armoured police vehicles and dozens of police officers lined Royal Avenue for a short time after separating the groups.

Lawyers for Ms McClure, who is currently on holiday, sought urgent interim relief as part of a wider challenge to the process for reconsidering key and potentially controversial decisions taken by local governments.

The lawyers dispute the lawfulness of how the “call-in” mechanism was handled by Belfast City Council at the special meeting on Monday night, where the proposal to fly the flag was passed.

Mr Justice Humphreys said he was making no determination in the merits of the TUV’s ongoing judicial review proceedings.

Instead, he weighed the danger of “usurping” the council’s decision-making powers against any impact on Ms McClure at this stage in the case.

Mr Justice Humphreys said he had “no evidence that any harm would be caused to her [Ms McClure] by the flying of the Palestinian flag at City Hall over the duration of one day”.

“I have been informed that she is on holiday, so she is scarcely likely to be offended by the flag flying for the next number of hours.”

Protesters had gathered outside the High Court on Tuesday. A 20-year-old man was arrested on suspicion of disorderly behaviour and remains in custody.

The council had voted last month by an overwhelming majority to fly the flag to mark the International Day of Solidarity with the Palestinian People.

But unionists objected, and then used the call-in procedure at City Hall to challenge the legitimacy of the decision.

The Palestinian flag had been due to be flown on Saturday but it did not appear after the council received legal advice on the issue.

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

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.

TUV councillor Ron McDowell said the council’s decision on Monday night 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.

Belfast County Grand Orange Lodge of Ireland said in a statement 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,” the organisation said.

“This is a clear sign that Belfast City Council is a cold house for Protestants/unionists.”

Democratic Unionist Party (DUP) councillor Dean McCullough told the ‘s Evening Extra programme there was “an obvious double standard” as a previous DUP motion to illuminate City Hall in blue and white to show solidarity with Israel after the October 7 attacks failed..

SDLP councillor Carl Whyte told the programme that “putting a flag up a flag pole for a solidarity day with Palestine should be a two-minute discussion”.

“People are entitled to their views but they’re not entitled to subvert the democratic process, there was a vote taken, that was vote was to erect the flag and that’s the result,” he added.