A file held at the Public Record Office in Belfast includes the minutes of a meeting which took place at Stormont House.
A meeting at Stormont discussed the use of anti-terrorism laws to combat displays of paramilitary flags and murals in 2004, according to declassified files.
The papers reveal that a senior PSNI official said “comprehensive case law” could be developed within the courts to establish a “clear line between what is acceptable and what is not”.
A file held at the Public Record Office in Belfast includes the minutes of a meeting which took place at Stormont House on March 2, 2004, attended by PSNI representatives, civil servants and representatives from the Community Relations Unit (CRU) and the Community Relations Council (CRC).
The minutes indicate that a previous meeting concluded that a “community approach to the flag issue was preferable to a police-only response.”
Senior officer Gary White told the meeting he had had a discussion with the Crown Prosecution Service regarding the use of the Terrorism Act 2000.
The minute read: “Again, the question of what is and is not acceptable behavior has become an issue, but GW (Gary White) believes that the DPP is in favor of using this provision generally and this is easiest where a flag or mural illustrates an explicit level of support for a paramilitary organization.
“Obviously there will be areas where there will be doubts about what a flag is.
“GW suggested that this issue should be left to the courts and that comprehensive case law could be developed to establish a clear line between what is acceptable and what is not.
“He also reminded the group that there is great sympathy for the idea that what was acceptable during the worst phases of the Troubles may not be acceptable now.”
The minutes indicate that the meeting recalls a test case relating to the display of paramilitary flags in Hollywood, which resulted in the conviction of four people under section 13 of the Terrorism Act.
It was subsequently learned that the CRU had commissioned research from the Institute of Irish Studies at Queen’s University into the issue of flags and emblems.
The CRU’s Billy Gamble said “his preference was for the community to resolve these issues on their own”, but he felt there “had to be a threat of final sanction”.
The minutes state: “The group was clearly impressed by the approaches of the CRU/CRC and expects the outcome of the policy document in June.
“It is clear, however, that there will be times when the community simply cannot stop the paramilitaries from engaging in this activity.
“In such circumstances, the PSNI is content to have the necessary powers under the Terrorism Act to deal with the situation. In short, there is no universal policy that can solve the flag problem.”
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