Belfast Council will ask permission from Stormont for decibel limit during special events in the city centre
Stock image of Belfast City Hall(Image: Belfast Live)
The DUP have failed to get support for a proposal that Belfast byelaws should not “censor imagery or content” in the city centre during a debate over draft proposals that would limit noise levels in BT1.
At the first full council meeting of the year on Wednesday, January 8, DUP Alderman Dean McCullough made a proposal that the council “should not progress with any byelaws which censor imagery or content”.
The proposal fell with 17 votes in favour from the three Unionist parties, the DUP, UUP and TUV, to 41 votes against from the other parties in the chamber.
Instead the council will now try to fast-track one aspect of new city centre noise draft byelaws to stop amplified buskers and preachers spoiling the Fleadh Ceoil this summer and other special events held in the city centre. If approved by Stormont, third parties who are making noise above 70 decibels at these events may be fined.
The chamber ratified a decision to authorise officers to engage with the Stormont Department for Communities in relation to the revised draft byelaws which related only to arrangements for special events, such as the Fleadh.
They also agreed that a report be submitted to the committee in February in relation to the options on the remainder of the revised draft byelaws, including the enforcement of existing byelaws.
The Minister for the Department for Communities is DUP MLA Gordon Lyons, and suggestions have been made he may take the current party line and reject the proposed byelaws, even if a majority was met in favour at City Hall. The draft document for new city centre byelaws has become a political saga at City Hall. There has been division and u-turns over the prospective regulations, initially developed to deal with busker and street preacher noise.
Last November, the draft document was initially agreed by Belfast councillors at committee level, but then was forced back to the drawing board after a number of parties changed their positions under the greater spotlight of the full council meeting.
Councillors unanimously agreed new draft amenity byelaws in November at the Strategic Policy and Resources Committee, which would mean individuals can be fined if they go over 70 decibels. With no elected representatives at the meeting airing any direct objections, the matter did not go to a vote, and it appeared the agreement would sail through ratification at full council, and would go to Stormont for the green light.
However, at the full monthly Belfast City Council meeting on December 1, a number of parties aired outright rejection of the draft byelaws, and the chamber agreed the draft goes back to committee level, after an Alliance proposal which stated they “did not go far enough.” Both Alliance and the DUP, who at committee level did not reject the proposal, at the full council meeting aired throaty objections.
The byelaws would have meant those going over 70 decibels would be fined up to £500 for an offence. The byelaws, if they go to statute, would effectively end loud amplification for individuals in the city centre. Examples of 70 dB sound would be a noisy vacuum cleaner, a dishwasher, or a loud conversation.
The draft byelaws also contained provisions for the surrender of alcohol in designated places in the city centre. An earlier version of the draft byelaws had proposals that buskers, preachers and other public speakers would have to ask the council for a permit, but this proposal was dropped.
Last month, Alliance Councillor Jenna Maghie said she could not support the byelaws because the draft did not contain measures to counteract disturbing images being displayed, particularly those from pro-life groups, while DUP Alderman Dean McCullough said the byelaws were “driven by a desire to target certain groups, primarily street preachers and the pro-life witnesses.”
During a rancorous debate at City Hall on Wednesday, DUP Alderman Dean McCullough said: “I want to ask a very straightforward question, why is this council still debating these draft amenity byelaws, after years of consultation, legal advice, equality screening, and repeated reports? What exactly is missing that prevents a clear and lawful decision being taken?
“Because there remains a real risk that this process is still about pursuing a framework that would in practice disproportionately impact street preachers and the pro-life witness. Not merely for how loud they are, but for what they say and display.
“If that risk remains, then this council must be honest with itself. Such an outcome would be open to potential legal challenge, would raise serious human rights concerns, and would be unlikely to withstand proper scrutiny, including at Departmental level.”
The Chief Executive of Belfast Council, John Walsh said: “I want to be clear as to what we are discussing here. The current draft of the byelaws that are with you don’t actually contain any provisions in relation to imagery at all. And they don’t contain any provisions directly in relation to ‘censorship.’
“What they do is contain provisions in relation to the control of noise.”
Alliance Councillor Jenna Maghie said: “Never let the facts get in the way of a good rant.” She added: “This is continually presented as an attack on free speech, when we all know it is not that. There is absolutely a right to free speech that will continue to exist should these byelaws come in.
“There is no right to amplification, and that is what we are seeking to tackle through some byelaws, that we will eventually pass. So why are we still debating them? For me it is to ensure our city is a welcoming space.
“Because people are uncomfortable, unwelcomed, and feel unsafe in it. People avoid our city centre because of levels of amplification right now.”
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