The Metropolitan Police (London’s police force) have changed the guidance given to their officers on the legality of fixing Palestinian flags to lamp posts.  This is in response to a letter from UK Lawyers for Israel (UKLFI), showing that the existing guidance, and advice given to the public based on it, were incorrect.

Previously the guidance said that if Local Authorities do not “remove consent” for the hanging of Palestinian flags on street furniture then no offence has been committed. In their reply to UKLFI’s letter, the Met Police now state: “We accept that this is inaccurate and that the correct position is that unless a Local Authority actively consents to the affixing of flags in the street then a person is not entitled to do so and they may be committing an offence”.

The letter continues: “Our position remains that the Local Authority has primary responsibility for enforcing any such offences. Following receipt of your letter, we have reviewed the position paper and decided to withdraw this and the “comms”. Fresh guidance has been issued today [Tuesday 16 April].”

The new guidance is as follows:

“1. The Local Authority, as highway authority, has responsibility for dealing with items abandoned on the highway. This includes flags affixed to lampposts.

2. It is an offence (summary only), under s.132 Highways Act 1980, to affix items to lampposts or other structures on the highway without the consent of the highway authority, without reasonable excuse. Under s.132(2), the highway authority can remove any such items. The Local Authority has primary responsibility for enforcing the legislation and not police.
3. It is also an offence (summary only) under s.224(3) Town and Country Planning Act 1990 to display a national flag (which is considered to be an advertisement) without the permission of the owner of the site it is on. Again, the Local Authority has primary responsibility for enforcing the legislation and not police. Where flags are on the highway, s.132 Highways Act 1980 is likely to be the more appropriate legislation to use.
4. It is up to Local Authorities to decide how to deal with flags affixed to lampposts. Different Local Authorities may have different approaches.
5. If officers encounter people affixing flags to lampposts, they should consider warning them that they may be committing an offence under s.132 Highways Act 1980 and, where appropriate (e.g. in areas where the Local Authority is taking enforcement action), that they may be subject to enforcement action by the Local Authority.
6. Where a Local Authority or other agency/ person makes a report to police in relation to the affixing of flags to street furniture, we will seek to identify if any other substantive criminal offences (e.g. criminal damage, public order offences, TACT etc.) have been committed and record and investigate these in line with existing policy.
7. If there is clear intelligence or evidence that flag hanging/removal is likely to cause a breach of the peace, local police leaders should take appropriate steps to minimise this risk with partners.”

Jonathan Turner, chief executive of UK Lawyers for Israel commented: “We are pleased that the Met Police have now accepted that it is illegal to hang Palestinian flags from lamp posts in public streets without permission from the Council. The previous advice, suggesting that this was lawful was encouraging disrespect for local authorities and intimidation of their staff, as documented in our letter, as well as criminal offences of hanging the flags, thereby exacerbating communal strife.”