Revealed: the police list of flags that could be criminal offence to fly in Scotland

A “restricted” document issued to officers – and obtained by the Herald on Sunday using Freedom of information legislation – includes pictures of potentially criminal symbols and a brief description of the laws which may be broken if they are flown “in a provocative manner”.

Officers can charge perpetrators with Breach of the Peace or an offence under Section 38 of the Criminal Justice and Licencing (Scotland) Act 2010 and, if convicted in court, offenders who fly the flags could face up to five years in prison.

The Terrorism Act 2000 could also be used to prosecute offenders but only if flags are altered to contain a reference to proscribed organisations such as the Irish Republican Army or Ulster Volunteer Force.

Many of the flags included in Police Scotland’s list contain sectarian symbols and are often displayed by republican and loyalist groups during parades, while others are regularly seen on the terraces of Scottish football stadiums.

However, several flags are official symbols of countries and territories across the world, including the Catalan flag which is displayed by supporters of Scottish independence.

Human rights lawyer Aamer Anwar, who represents Catalan politician Clara Ponsati, said: “I think the idea the flying the flag of any country could be construed as a criminal offence is a step too far. The danger of such guidelines is that they leave too many grey areas. Which means that it could take one person in a crowd of several thousand to be offended by the flying of a Catalan flag to press the button for an arrest.

“As a defence lawyer I appreciate circumstances which could give rise to a public order offence however my concern is impact on freedom of expression and the right to identify with struggles for freedom internationally – surely that should not be made a crime in a democracy?”

Experts on flags were reluctant to comment on the police list, which was provided to officers tasked with overseeing DUP leader Arlene Foster’s visit to Fife in June for an Orange Order event.

One academic, who asked not to be named, revealed vexillologists (flag historians) who have previously commented on sectarian flags and symbols had received death threats.

They said those waving flags contained on the list are likely to have little knowledge of the history of the symbols and described the use of the flags as “a mask for sectarian politics”.

“The use of some of those flags is simply down to which conflicts or struggles around the world are supposedly ideologically linked to sectarian ideologies,” said the expert.

They also speculated that the Union Jack and Saltire are not on the list because it could be difficult to prosecute those who fly them “in a provocative manner” because they are the official national flags of the United Kingdom and Scotland.

They added: “It would be very unlikely for the flags on the list to turn up in a demonstration accidentally.”

Police Scotland’s list of flags which are potentially criminal to display contains short descriptions of the significance of each flag and references armed struggles and the perceived links to sectarianism.

The Israeli flag is flown by loyalists who “align themselves with Israel due to British support for the state,” according to the document.

Similarly, republicans fly the Palestinian, Basque and Catalan flags to underline “their own desire for independence from Britain”.

The restricted police document states: “Whilst the display of the following flags is not an offence, in itself, if flown or displayed in a provocative manner or altered, constitute a common law Breach of the Peace or an offence under Section 38 of the Criminal Justice and Licensing (Scotland) Act 2000.

“If they are altered to contain a reference to a proscribed organisation they may constitute an offence under Section 13 of the Terrorism Act 2000.

“Irrespective of the above, the possession of these flags within a football ground may constitute a breach of ground regulations. As such, if these flags are seen, the stadium control room should be contacted; they will liaise with the football club and advise officers as to the appropriate course of action.”

The Herald on Sunday contacted Celtic Football Club and Rangers Football Club but neither club responded to a request for comment about fans flying flags included on the police list.

The Irish embassy also declined to comment on the inclusion of the tricolour and other flags associated with the Republic of Ireland. A spokeswoman for the Israeli embassy said they are not in a position to comment.

Police Scotland would not discuss specific examples of criminal flag flying.

Chief Superintendent John McKenzie from Police Scotland's Safer Communities said: “Often flags themselves are not the issue but the criminal conduct that accompanies them is. This could include, but is not limited to, threatening gestures or words, or flags being amended to show support for a proscribed terrorist group or amendments which constitute a hate crime.”

REVEALED: THE FLAGS WHICH COULD BE A CRIMINAL OFFENCE TO FLY IN SCOTLAND

The Herald on Sunday obtained a “restricted” list of flags which could be a criminal offence to display if done “in a provocative manner or altered”. The full list is below, along with Police Scotland’s descriptions of the flags and laws that could be breached.

The Orange Order flag

The Orange Order is a Protestant organisation with members throughout the UK and the Republic of Ireland. It dates from the 17th century battle for supremacy between Protestantism and Catholicism. William of Orange took the throne in England and his final victory over James at the Battle of the Boyne in 1690 sealed Protestantism’s supremacy in Britain. In 1795, a clash between Protestants and Catholics at the Battle of Diamond led some of those involved to swear a new oath to uphold the Protestant faith and be loyal to the king and his heirs, giving birth to the Orange Order.

King William of Orange flag

This flag depicts William III and II (of Scotland) (1650-1702) who was sovereign Prince of Orange by birth. A Protestant, William participated in several wars against the Catholic king of France, Louis XIV; thus, many Protestants regarded him as a champion of their faith. Consequently, William was able to take the British crowns when many were fearful of a revival of Catholicism under James. William’s victory over James at the Battle of the Boyne in 1690 is commemorated by Orange institutions to this day.

The Sunburst

This flag is associated with early Irish nationalism, and more recently, youth wings of Irish republican groups such as Fianna na hEireann. The symbol can be seen on some republican murals and indicative of the dawn of a new era.

The Starry Plough

This flag was originally used by the Irish Citizen Army, a socialist, republican movement; James Connolly, co-founder of the movement, said the significance of the banner was that a free Ireland would control its own destiny from the plough to the stars. The flag was flown by the Irish Citizen Army during the 1916 Easter Rising.

Vatican City State Flag

This is the official flag of the Vatican City State, the territory of which is within the city of Rome. The Pope is the head of state. Vatican City State is a recognised national territory under international law.

The Irish Tricolour

This is the national flag of the Republic of Ireland. The green represents the Gaelic tradition of Ireland and the orange represents the followers of William of Orange in Ireland, with white representing peace, or a truce, between them.

The Ulster Banner or “Red Hand Flag”

This was the official flag that was used to represent the Government of Northern Ireland from 1953 to 1973. When the parliament of Northern Ireland was dissolved by the British government in 1973, the flag ceased to have official standing; it remains a representative of Northern Ireland in international sports.

The Province of Ulster Flag

This flag represents the ancient province of Ulster and is based on the crest of the O’Neills who were provincial monarchs and strongly opposed to English rule; consequently, the flag is regarded as nationalist. It is used to represent the province of Ulster in sporting events and features in the 4 Provinces Flag.

Leinster Flag

This is the flag of the province of Leinster whose capital is Dublin. It was used in the 19116 Easter Rising, however, the colour was deemed to be exclusively Catholic and thus the Irish tricolour was deemed to be a more appropriate flag for the country. The flag is seen as a representation of Ireland as a single entity (Northern Ireland and Eire) and is thus nationalist.

4 Provinces flag

This flag contains the coats of arms of the 4 provinces of Ireland: Connacht (eagle and sword); Ulster (red hand); Leinster (harp); Munster (3 crowns). The flag is almost exclusively used by nationalists as it represents Ireland as a single entity.

Ulster Independence flag

This is the flag of the Ulster Independence Movement which is an organisation that promotes Ulster’s independence from both Britain and Ireland. The flag is favoured by loyalists, particularly some elements of the proscribed Ulster Defence Association (UDA).

Catalan flag

This is the flag of the Spanish region of Catalonia (Catalunya) whose largest city is Barcelona. There is a strong desire for independence amongst a majority of Catalans; at present, the region is autonomous although remains part of Spain. This flag is often flown by Irish nationalists who draw parallels between Catalonia’s desire for independence and their own desire for independence from Britain.

Basque flag

This is the flag of the Basque region of Spain whose largest city is Bilbao. There is a strong desire for independence amongst a majority of Basques; at present, the region is autonomous although remains part of Spain. Since the 1960s, the armed Basque separatist group ETA has waged a bloody campaign for independence but declared a ceasefire in January 2011. This flag is often flown by Irish nationalists who draw parallels between the Basque Country’s desire for independence and their own desire for independence from Britain.

Palestinian flag

The modern day state of Israel was established in 1948 following the 1947 UN partition Plan whereby the geographical area of Palestine was divided into Jewish (Israeli) and Arab (Palestinian territory) areas. Military conflict between both parties is still ongoing with Israelis claiming the right to occupy territory which is historically a Jewish homeland, and Palestinians demanding the right to self-determination across the whole of Palestine. This desire for self-determination has led to sympathy for Palestinians amongst Irish nationalists, some of whom fly the flag in a display of solidarity.

Israeli flag

The modern day state of Israel was established in 1948 following the 1947 UN partition Plan whereby the geographical area of Palestine was divided into Jewish (Israeli) and Arab (Palestinian territory) areas. Military conflict between both parties is still ongoing with Israelis claiming the right to occupy territory which is historically a Jewish homeland, and Palestinians demanding the right to self-determination across the whole of Palestine. On rare occasions, this flag is displayed by loyalists who align themselves with Israel due to British support for the state.