Flying Vatican flag could be a criminal offence in Scotland

Thursday, October 4th, 2018

Flying the Vatican flag in a ‘provocative manner’ could be a criminal act in Scotland, according to a police document.

Exactly what a “provocative manner” entails is not described.

The supposedly restricted Police Scotland document obtained by the Scottish Herald on Sunday, using Freedom of Information legislation, lists restrictions on displaying a number of flags and potentially criminal symbols.

Besides the Vatican flag, flying the Israeli, the Palestinian, the Irish tricolour, the Catalan Senyera and the Basque Ikurriña flags provocatively could also cause problems for their bearers.

The restricted police document says: “Whilst the display of the following flags is not an offence in itself, if flown or displayed in a provocative manner, or altered, constitutes 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.”

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 police document also includes pictures of the symbols and flags which “if flown in a provocative manner” could potentially be viewed as a crime, as well as descriptions of each flag’s significance, references armed struggles and the perceived links to sectarianism.

The Vatican flag’s inclusion in the police list has raised concerns within the Catholic Church.
A spokesman for the Catholic Church said: “It would be very concerning if the Vatican flag was in any circumstance deemed offensive.

“It has been flown proudly in Scotland on the occasion of two Papal visits without upset or incident and its use should not be restricted in any way.”

A Scottish Government spokesman said: “It is not an offence to fly the flag of the Vatican or any other country.”

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