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A High Court judge has ruled against an urgent legal application seeking to remove the Palestinian flag from Belfast City Hall. The attempt was made by Ann McClure, a member of the Traditional Unionist Voice (TUV), following a council vote that allowed the flag to be flown for a 24-hour period. Ms McClure’s legal team sought interim relief as part of a broader challenge regarding the procedures local governments use to reconsider significant and potentially divisive decisions.
The flag, which had been raised shortly after midnight on Tuesday following a narrowly passed proposal by Sinn Féin, was taken down later that afternoon. At present, the council has not provided a clear explanation for why the flag was removed. Meanwhile, a modest police presence remains outside the City Hall. Ms McClure’s lawyers questioned the legitimacy of the council’s “call-in” process used during a special meeting on Monday when the motion to fly the Palestinian flag was approved.
During the hearing, Mr Justice Humphreys made clear that he was not making a judgment on the substance of the ongoing judicial review by the TUV. Rather, he considered whether intervening at this stage would improperly interfere with the council’s authority. The judge found no evidence suggesting that Ms McClure would suffer harm by the flag being displayed for one day, especially since she was on holiday and unlikely to be offended during this period. He also saw little risk that continuing the call-in procedures would disadvantage her before the case concludes. Consequently, he ruled that the council’s decision-making should be respected for now and rejected the request for interim relief.
The controversy arises amid unionist opposition to the council’s previous vote to fly the Palestinian flag, which happened with strong majority approval. However, unionists have argued that the council’s handling of the call-in mechanism was flawed. They allege that the council improperly introduced a “filter process” that allowed the flag motion to pass by a simple majority rather than a qualified one, thus undermining protections for minority voices. Ms McClure’s barrister described the decision-making process as “plainly incorrect, ultra vires and clearly cannot be sustained in law,” emphasizing that valid call-in processes require reconsideration by a qualified majority. Meanwhile, representatives of the council defended their procedures, noting that flying the flag for one day would not disproportionately harm community relations and warning that invalidating the flag decision could interfere with the democratic mandate of elected councillors.
The situation has sparked protests outside the courts and City Hall. A 20-year-old man was detained on suspicion of disorderly behaviour in connection with the demonstrations. TUV councillor Ron McDowell criticized the council’s approach as an attempt “to outrun the law,” expressing concern about the sensitive nature of the Israel-Palestine conflict within Belfast’s divided communities. Various political factions in the council held differing views on the issue; while Sinn Féin, SDLP, and the Green Party supported flying the flag, the Alliance Party opposed it this time, suggesting instead that City Hall be lit in Palestinian colors next year. The Belfast County Grand Orange Lodge expressed frustration with the council’s decision, accusing nationalist councillors of fostering division and ignoring legal processes, and stating that the outcome reflected a hostile environment for Protestants and unionists in the city
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