Northern Ireland

Jamie Bryson challenges flag flying rules in court

Loyalist wants union flag flown 365 days a year at war memorials

Jamie Bryson pictured outside Belfast city hall at the height of the union flag protests in 2013
Jamie Bryson pictured outside Belfast city hall at the height of the union flag protests in 2013

Loyalist activist Jamie Bryson has launched a legal challenge over a block on council proposals to fly the union flag at all war memorials in Ards and North Down 365 days a year.

Papers lodged at the High Court claim the local authority acted unlawfully after some elected representatives deployed a call-in mechanism to question the policy.

Mr Bryson, who is representing himself in the application for a judicial review, is seeking a declaration that an earlier decision by Ards and North Down Council to have the union flag flown at cenotaphs in the borough all year round remains in force.

The policy was expected to be introduced following a proposal by unionist representatives earlier this year.

But some councillors requested a call-in motion - a method used for reconsideration of decisions which could have an adverse impact on any section of the community.

Under the terms of the mechanism an 80% majority is required for the original proposal to be successfully passed again.

Amid claims that Alliance Party and SDLP representatives backed the call-in, Mr Bryson has accused the council of acting irrationally and breaching Article 2 of the Windsor Framework.

In legal documents submitted as part of his challenge he contended: “It could not be rationally said that flying the union flag 365 days per year satisfied the legal test for disproportionate adverse impact on any section of the community.”

The high-profile campaigner wants the High Court to make an order quashing the council’s decision to permit the call-in requisition.

10th April 2024 Jamie Bryson pictured at the High Court in Belfast Court The court Appeal is giving judgment tomorrow (Wednesday) on the Security Industry Authority's attempt to reinstate a prosecution against Jamie Bryson for the illegal supply of door staff. Mandatory Credit Presseye/Stephen Hamilton
Jamie Bryson at a previous high court hearing earlier this year. Picture by Presseye/Stephen Hamilton (Presseye/Stephen Hamilton)

Confirming his challenge has been launched, Mr Bryson described the move as “plainly unsustainable”.

“The reasons provided, limited that they are, do not satisfy the legal test for triggering a call-in and therefore the Chief Executive ought to have declared the call-in invalid,” he added.

“If successful, the impact of this judicial review will be to nullify the call-in, and thus the decision of the democratic majority to fly the union flag 365 days per year from war memorials in the borough will be restored.”