Consultation on Policy Regulating Bonfires on Council Land

Feedback and Recommendations

April 2017

1

CONTENTP

AGE

INTRODUCTION 1

LEGAL BACKDROP 5

FEEDBACK ON CONSULTATION 7

CONCLUSIONS 11

RECOMMENDATIONS 13

SUGGESTED POLICY INCLUDING APPENDIX 15

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1 INTRODUCTION

There is a long history and tradition of bonfires in Northern Ireland and Ireland, and in Britain. Bonfires have traditionally been lit on these islands to:

ᴏ Facilitate warning, such as on the arrival of the Spanish Armada fleet in 1588;ᴏ Celebration, such as the thwarting of the Gunpowder Plot in 1605;ᴏ Provide navigation or landing assistance, such as for King William in the then

Carrickfergus Lough in 1688;ᴏ Victory, such as after the Battle of Trafalgar in 1805;ᴏ Protest, such as after internment in August 1972;ᴏ Commemorate religious festivals, such as Bealtain as a May Day festival in

Limerick.

Bonfires are often used outside these islands. Religious festivals like St John the Baptist Day in France and Canada in June; or Commonwealth Day in Australia; or New Year’s Eve or Labour Day in various countries.

These are often controlled and public agency or community organisation led bonfires with a significant emphasis on health and safety.

In recent years, increasing concern has been expressed in Northern Ireland about some of the features of bonfires including the use of toxic materials and display of flags, posters and emblems.

In total in Northern Ireland, there are approximately 310 bonfires on 11th July, 18 in August and 22 at Halloween.1 In Derry City and Strabane District Council area there are eight bonfires sited on Council land, to which this policy is confined currently, all of which seem to be within unionist areas.

Derry City and Strabane District Council (the Council) has recognised the importance of bonfires to many within local communities in the background to this consultation and report. It said:

The Council recognises that bonfires are seen as an expression of cultural identity within communities and is committed to working with communities in order to find and agree alternative and safe methods of cultural expression.

The legacy Councils of Derry City, Strabane District and Omagh District Councils had previously commissioned research into bonfires within their respective districts based on a community survey and a wider audit of good practice.

This survey informed a report entitled “Burning Issues” was funded by Peace III under Strategic Priority 1: Moving Towards Acceptance of Cultural Identity and

1 Morrow and Byrne, research with local authorities, 2017

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Inclusive Celebration which recommended the development of protocols around flags and celebrations, bonfires and other community safety issues.

Community buy-in is crucial to the development of any meaningful solution. To be sustainable any actions that are contemplated must be led by local people.

Partnering with the emergency services, housing executive and other statutory bodies will be important though engagement with local communities including people involved with building bonfires will be critical in delivering a successful outcome.

The “Burning Issues” report shows that this is a process which takes time, and can only move at the pace the local communities and in particular those involved in building bonfires want to move it at.

There has been some success in recent years with a reduced number of bonfires across the City and District.

Alternatives to bonfires along with responsible bonfire management have led to a reduction in crime; fewer call outs for the emergency services and a reduction in clean-up costs for Council, and other agencies. In addition other environmental and health benefits have arisen through this process.

Engaging with communities has been shown to work in bringing about cultural changes in approaches to bonfires and there are now many tools and programmes available to assist local representatives in this change process. These relate to raising awareness and understanding amongst young people of the hazards and risks associated with bonfires. A range of education and awareness programmes have been developed with the emergency services and other Councils to inform on the health and safety risks of bonfires and encourage family friendly events as alternatives to bonfires.2

The consultation was designed to assist with this aspect of the policy and action plan:

Policy Commitment Principal Action Sub Action

1. Council aims to reduce the number of bonfires that are located on Council land by

Subject to outcome of Screening and Equality Impact Assessmentthe Council will consult

Council will host a number of public consultation events which will be chaired by an independent facilitator.

2 Derry City and Strabane District Council, Delivery of Consultation around Council’s Bonfire Policy and Action Plan, 2017

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implementing the policy and action plan.

with statutory agencies, community/voluntary groups and the wider population in relation to the policy and action plan.

A public notice will be issued confirming dates, times and venues.

Council officers will continue to participate as a stakeholder within established groups working on bonfires across the Council area.

The response to bonfires often touches on many aspects of Council work including good relations, the environment, community safety, community development, regeneration, parks and leisure, land use, cleansing and community planning. The issue, therefore, deserves to be a high priority in Council and warrants a whole Council approach.

Often, most time is spent by Council on managing potential and real adverse impact of bonfires.

Principal adverse effects of bonfires in Northern Ireland have been identified to include:

1. Illegal dumping of waste materials;2. Anti-social behaviour associated with the event;3. Air pollution;4. Visual amenity;5. Health impact of emissions;6. Damage to property.3

In recent years the negative impact on good relations of the display of flags, emblems and posters has become more prominent as well.

However, this excludes potential reputational damage to an area, the Council or region, loss of tourism and visitors and loss of confidence in the ability of a public agency to effectively manage its legal duties.

During this consultation process interviews and meetings included:

ᴏ Bonfire Working Group;ᴏ Sinn Fein party grouping;ᴏ SDLP party grouping;ᴏ Combined DUP and UUP party grouping;ᴏ Independents grouping;ᴏ Council officers;ᴏ Public meeting in St Columb’s Park House;ᴏ Public meeting in Holywell Trust building;

3 Bonfires, A report by the interagency working group on bonfires, 2004

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ᴏ Public meeting in Strabane Library;ᴏ Public meeting in Derg Valley Leisure Centre;ᴏ Bonfire builders from the Fountain;ᴏ Strabane AYE youth provider;ᴏ Outer North Neighbourhood Partnership;ᴏ NIEA and others involved in the inter-agency group;ᴏ Representatives at the Somme Memorial Hall, Newtownstewart;ᴏ Bonfire builders and supporters in Artigarvan and Donemana;ᴏ Representatives from the community in Irish Street;ᴏ Representatives from Dove House;ᴏ Representatives producing a cartoon-focused educational publication on

bonfires.

The report below highlights some of the legal issues, summarises comments from the consultation without attribution and in no particular order, provides some conclusions and nine key recommendations. A potential slightly amended policy document is attached as an appendix.

However, it is a draft report mindful of the tight timeline and that further consultations are to be held.

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REMINDER

This policy is not a substitute for the legal obligations of those organising and supporting bonfires or the duties under the law of public agencies

2 LEGAL BACKDROP

Public agencies and all involved in constructing or managing bonfires should be mindful of the law. This policy is not a substitute for the legal obligations of those organising and supporting bonfires or the duties under the law of Council and other public agencies.

Council should be aware of current legal obligations and potential legal issues that may arise in the long-term.

A summary of the relevant legislation applicable to all involved in constructing, managing and supporting bonfires includes:

Litter (NI) Order 1994

The Order may facilitate Council taking enforcement proceedings usually for fly-tipping at bonfires sites on a relatively small scale especially household goods being discarded illegally.

Waste and Contaminated Land (NI) Order 1997

The Order would permit the Northern Ireland Environment Agency or the Council to remove waste on land if it was to prevent pollution or a risk to health. The NIEA may prosecute landowners for allowing the illegal dumping of waste materials.

Roads (NI) Order 1993

The Department for Infrastructure may require removal of materials on a road, or may remove it themselves if dangerous. The PSNI are responsible for enforcement including actions likely to obstruct roads or cause damage.

Public Order (NI) Order 1987 – including causing damage to roads, obstruction and breach of the peace

The PSNI is responsible for enforcement of issues arising from disorderly behaviour or breach of the peace, and in some circumstances where there is intent to stir up hatred or arouse fear such as the burning of flags, emblems or posters. Hate crime legislation may also apply.

Criminal – civil - Damage (NI) Order 1977

Related to offences for destroying or damaging property and possessing something with the intent to destroy or damage property.

Environment (NI) Order 2002

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Places a duty on the Department for Communities (formerly Environment) to maintain air quality and on Councils to review and implement air quality strategy.

Fire and Rescue Services (NI) Order 2006

Obligates the Fire and Rescue Service to do what is reasonable to prevent a fire or protect life and property.

Public Health (Ireland) Act 1878

Provides powers to Councils to deal with a nuisance such as smoke.

Trespass or civil trespass

Use of land without the landowner’s permission.

Article Eight European Convention on Human Rights

Qualified right to respect a person's private and family life, home and his correspondence subject to certain restrictions that is in accordance with law and necessary in a democratic society.

Public agencies are expected to pro-actively uphold the law including a right to interfere to protect health.

Article Ten European Convention on Human Rights

Upholds the right of people for freedom of expression subject to certain restrictions that is in accordance with law and necessary in a democratic society.

Public agencies are expected to pro-actively uphold the law including a right to interfere to protect health..

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3 FEEDBACK ON CONSULTATION

During this short consultation period over 70 people have been interviewed or spoken to during a series of open meetings, group meetings with each political party or groupings on the Council, individual conversations, meetings with community based organisations and discussions with public agencies.

The consultations included engagement across the Council area and across the community, with people from a variety of age, gender and geographic profiles, some involved in building bonfires, managing bonfires and supporting bonfires, and some neither engaged with bonfires nor supporting them.

There was significant cross community engagement and interest.

Interviews and meetings included:

ᴏ Bonfire Working Group;ᴏ Sinn Fein party grouping;ᴏ SDLP party grouping;ᴏ Combined DUP and UUP parties as a grouping;ᴏ Independents grouping;ᴏ Council officers;ᴏ Public meeting in St Columb’s Park House;ᴏ Public meeting in Holywell Trust building;ᴏ Public meeting in Strabane Library;ᴏ Public meeting in Derg Valley Leisure Centre;ᴏ Bonfire builders from the Fountain;ᴏ Strabane AYE youth provider;ᴏ Outer North Neighbourhood Partnership;ᴏ NIEA and others involved in the inter-agency group;ᴏ Representatives at the Somme Memorial Hall, Newtownstewart;ᴏ Bonfire builders and supporters in Artigarvan and Donemana;ᴏ Representatives from the community in Irish Street;ᴏ Representatives from Dove House;ᴏ Representatives producing a cartoon-focused educational publication on

bonfires.

Feedback has been generalised and anonymised. Feedback is provided when the issue has been raised on a number of occasions rather than by one individual or on one occasion. Greater emphais has been put on recommendations where common ground was established.

In order to further anonymise feedback, it is provided below in random order.

These views are not necessarily the views of the report author.

ᴏ Identifying community views on bonfires could be challenging, especially if they were to express a view contrary to the established norm, a perceived

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paramilitary or anti-social grouping, and by people living in close proximity to a traditional bonfire site. Surveying and polling would need to be seen to be independent, and could be community led. Other means of identifying community views could be through elected prepresentatives or key members of civil society such as community organisations, faith leaders and business owners;

ᴏ In identifying community consensus some thought should be given to what sufficient consensus entailed before views were sought. Gaining sufficient community consensus was considered important in improving how a bonfire is managed or in moving to alternative methods for celebration;

ᴏ The Council should prioritise relationship building as a long term solution rather than pursue an overly legal response to bonfire related issues;

ᴏ Much good work had taken place within the Council area, on both sides of the community, that should be acknowledged, often based on building relationships with young people, improving relationships between communities and public agencies, and exploring alternative options with communities.

ᴏ Many expressed a view that the policy would have a disproportionately negative impact on the PUL community as most bonfires on Council land were held in unionist areas while it was believed that the main concern and negative public image of bonfires was caused by a bonfire in a nationalist area not on Council land. A statement in the policy about supporting positive, legal, safe history and cultural activities from all sides of the community, may be useful.

ᴏ Most people across the community were open to attending a Safety Advisory Group meeting but not as a bonfire organiser or to take liability for a bonfire. They did not believe this was practical or realistic. Other people believed that other public events had to identify an organiser to take responsibility for the event and a bonfire should be no different.

ᴏ Concern was expressed that if Council policy was too restrictive regarding bonfires on Council land, organisers may decide to move bonfires on to non-Council land which could be more problematic still.

ᴏ A strong view was expressed that the policy should be consistently applied across all land that hosted a bonfire whether Council land or that belonging to other public agencies or private owners.

ᴏ Pro-active inter-agency co-ordination was considered important.

ᴏ Engaging with young people and bonfire builders, to develop relationships and trust were at the core of encouraging better bonfire management, many people believed.

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ᴏ Working with young people on-the-ground, however, would be a long-term process over a period of years with resource implication. However, results could be transitional in the managing of bonfires, in a young persons understanding of their civic responsibility and the impact of their behaviour (whether negative or positive) on the rest of the community.

ᴏ The relationship between young people in local areas and other public agencies was also considered to be critically important – such as the Fire Service and PSNI – making inter-agency co-operation even more important.

ᴏ Many suggested a mixed message was being communicated on bonfires and that the message and response needed to be consistent.

ᴏ Both sides of the community used similar language relating to the problematic issues, identifying the actions and response to “the other” as motivating behaviour on their side of the community – “they” do certain things so why shouldn’t we?

ᴏ There was an often expressed desire for a stronger approach to the burning of toxic materials on bonfires and on flags, emblems, posters that could be detrimental to good relations, although many suggested the latter may take longer to discontinue.

ᴏ Control of the supply of toxic material, especially tyres, was as important as an enforcement action and required an inter-agency approach.

ᴏ Community organisations may help manage bonfires, and may help represent how they are being managed to the SAG, but many believed it was too much to expect community organisations to take ownership of, and responsibility and liability for, bonfires.

ᴏ Bands sometimes played a positive role in helping to manage and regulate a bonfire.

ᴏ Signage, enforement and lifting unwanted materials were all issues communities may expect more pro-active assistance from public agencies.

ᴏ Many thought Council should lead an inter-agency review of bonfires during the summer in September each year to make plans early for the management of bonfires in the next year.

ᴏ The ordering of the principles was discussed including whether the first point was a principle or an outcome to the policy.

ᴏ Bonfires were a sensitive and contentious issues. Often what is said privately is different to what is said publicly.

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ᴏ The policy should be a protocol rather than a policy to reduce concern about its impact;

ᴏ Council should pro-actively support alternatives to bonfires including with the supply of funding.

ᴏ Council should explore how it helps communities identify more suitable designated space for a bonfire, store wood until closer to the event, and remove tyres from all bonfires.

ᴏ Some believed the policing response to bonfire management, and toward young people involved, should be led more by neighbourhood teams than response teams. The relationship between public agencies such as the police and young people on either side of the community was raised as an important factor in achieving positive or negative outcomes.

ᴏ Some thought young people were demonised by wider community attitudes to bonfires from either side of the community, though some considered it more acceptable to construct and support a bonfire in the unionist community.

ᴏ Some suggested that often the clean-up of bonfires was undertaken by the community itself.

ᴏ Council should be wary of adopting a policy that is problematic to enforce for various reasons. Non-enforcement may therefore undermine trust in the Council, reflecting the need for relationship-building and a long-term approach.

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4 CONCLUSIONS

The existing bonfire policy and action plan, whether in draft or not, is substantial and thorough. It outlines key targets and aims for the policy and through the action plan identifies a number of ideas for the achievement of the aims. The action plan already places a focus on relationship building, engaging with builders and young people, which are important longer-term processes for the better management of cultural and historical celebrations.

Recommendations suggest only some review, reordering and refinement to the policy.

Compared to Northern Ireland as a whole the Council area does not have a major tradition of bonfire. There aren’t that many numerically, but there are some significant bonifires that are problematic and gain negative media coverage. Bonfires on Council land also include issues that are problematic, although unionist representatives feel that progress made in the management of bonfires in the Council area recently has not been adequately recognised.

People on all sides of the community believe that at times young people are unfairly criticised and streotyped because of bonfires; and believe that long-term improvement needs to be based on engaging with young people and bonfire builders.

Some on the nationalist/republican side of the community believe young people are not treated in the same way as young people involved in bonfires in unionist areas. Some in unionist areas believe similar but in reverse, and believe the bonfire policy has an undue impact on bonfires in unionist areas. They link the policy to the need for respect for unionist traditions in the Council area within which unionism is in a minority. The near mirror language perhaps reflects a continuing lack of cross-community understanding or acknowledgement, though it is improving.

There is broad, cross community recognition of some of the problematic issues including burning of toxic materials and its health implications; defining community consent; impact on good relations of the burning of flags, emblems and posters; and the cost of clean-up especially if tyres are used in the bonfire.

There is a clear consensus that these problematic issues should be addressed within the policy, especially in adopting a more robust approach to the burning of toxic materials including tyres. There was less consensus on the burning of flags and emblems highlighting why that aspect can also be challenging for elected representatives.

There appears to be a willingness to move forward but a number of respondents suggested that on some of the problematic issues the way forward includes:

ᴏ Building relationships and trust especially with young people and bonfire builders;

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ᴏ Moving at the pace of local communtiies;ᴏ Gaining sufficient community consensus for exploring alternatives to bonfires;ᴏ Encouragement as well as enforcement;ᴏ Being mindful of other events, the law and duties of public agencies as

landowners.

In other Council areas, and in this Council area, progress on bonfires (which has often included moving to alternative methods of celebrating history and culture) has been based on local leadership, a united local community, strong relationships between the local community and public agencies including Council and the police, inter-agency co-ordination, and delivery on commitments by public agencies and local communities.

Council should reflect on how it may encourage such local leadership, build those relationships, and play a leading role on an inter agency basis.

While identifying some of the problematic issues where there is strong reasons to be robust in protecting peoples’ health and where there appears to be consensus, Council and other public agencies may also wish to explore how the policy can bring in and develop local leadership rather than make local leaders (within communities, community organisations and elected representatives) more wary or feeling pushed away.

The role of the Safety Advisory Group (the SAG) is therefore important in satisfying Council that health and safety issues have been/are being addressed to protect local people and good relations, while also providing an opportunity for local leaders to have an influence on bonfire management. Whether this will involve people coming forward to take responsibility and liability for a bonfire is less likely in the short-term.

Progress would be assisted by increased inter agency co-operation especially involving key agencies to bonfores such as Council, NIHE, Fire and Rescue Servie, PSNI and NIEA. Agencies have different but overlapping and linked roles.

The recommendations below are an attempt to make progress where there appears a significant degree of consensus. The policy should be reviewed regularly, possibly in the context of a review of bonfires after Halloween each year, to plan for engagement and intervention for the next year. That also may allow Council time to take further legal advice and gauge the effectiveness of attempts at engagement.

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5 RECOMMENDATIONS

The nine key recommendations below do not significantly alter or amend the policy document.

Recommendation One – Relational changeCouncil should commit to further supporting relational change between local communities, young people and bonfire builders, and with Council, police, other public agencies and the local community itself.

Recommendation Two – Statement of intentCouncil should include in the policy a statement of its intent to support positive, lawful, safe, family-friendly historical and cultural celebrations.

Recommendation Three – Outcomes of the General PrinciplesThe existing first general principle should instead be written as an outcome statement for the overall principles.

Recommendation Four – Toxic and hate-related materialsThe general principles should be strengthened regarding presence of toxic materials (especially tyres) and flags, emblems, posters and symbols that impact negatively on good relations. In order to protect the health of people in the proximity of bonfires Council should not support bonfires on its land when tyres are present/or have been from 2017 onwards; and should work toward the reduction and discontinuation of use of flags, emblems, posters and symbols that would be detrimental to good relations.

Recommendation Five – Inter Agency co-ordinationThe existing general principle eight should be strengthened. Council should pro-actively seek inter-agency co-operation on adopting the policy across all land and should lead in bringing together other agencies in a consistent approach to management of bonfires generally, given their important, linked but different roles.

Recommendation Six – Community consentCouncil may wish to further define how it arrives at community consent or disagreement to a bonfire. This could include a survey carried out by a reputable, independent third party from the community, public agency or elsewhere. However, it may also take account of the views of community organisations, elected representatives and other civil society leaders such as faith leaders and business representatives.

Recommendation Seven – Intense campaign on the effects of burning toxic materials such as tyresCouncil should undertake an extensive communications initiative in the months leading up to bonfires (May-August and October) clearly explaining to local residents

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where a bonfire usually takes place, about the impact and effects of burning toxic materials on a bonfire including tyres. This may both help communities take a lead in preventing the burning of tyres and provide a health warning to people living nearby.

Recommendation Eight – Safety Advisory GroupThe SAG should still consider bonfires as part of its work and satisfy itself of the health and safety considerations about a bonfire on Council or other land. However, it may acknowledge in the short-term that representation about a bonfire may be made by people who are not responsible, or liable, for the bonfire. It should encourage representation from community organisations and elected representatives from the area concerned as civic leaders and people who can influence.

Recommendation Nine – Legal AdviceCouncil should take further legal advice about its obligations as a landowner and in connection with liability. This may inform further reviews of the practical outworking of the policy.

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6 SUGGESTED POLICY

It is, of course, entirely up the committee and Council whether or not it accepts the recommendations. It must also deliberate on implications of greater inter-agency co-ordination, whether it leads on that, and whether there are further legal duties it may have.

Appendix A attempts to indicate how the policy may read in practice if recommendations were accepted. New suggestions are in red (sometimes just moving an item to a different place in the document).

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Appendix A

Outline of Draft Policy (Amended)

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Policy on Regulating Bonfires on Council Land

1. Preamble

1.1 Purpose

This policy (and associated protocols) is to assist the Council to comply with its duties under the Health and Safety at Work (NI) Order and control risk to members of the public accessing Council Land.

This policy may also encourage, within its framework, areas to adopt tailored protocols suitable to the needs of those areas with the involvement of local communities and with inter-agency co-operation.

The Council recognises that bonfires are seen as an expression of cultural identity within communities and is committed to working with communities in order to find and agree alternative and safe methods of cultural expression.

Council acknowledges and wishes to continue to support important historical and cultural expression by people from unionist/loyalist, nationalist/republican and other perspectives; and is committed to supporting such expression when positive, lawful, safe and family-friendly.

1.2 Background

The legacy Councils of Derry City, Strabane District and Omagh District Councils had previously commissioned research into bonfires within their respective districts based on a community survey and a wider audit of good practice.

This survey informed a report entitled “Burning Issues” was funded by Peace III under Strategic Priority 1: Moving Towards Acceptance of Cultural Identity and Inclusive Celebration which recommended the development of protocols around flags and celebrations, bonfires and other community safety issues.

Community buy-in is crucial to the development of any meaningful solution. To be sustainable any actions that are contemplated must be led by local people.

Partnering with the emergency services, housing executive and other statutory bodies will be important though engagement with local communities including young people involved with building bonfires will be critical in delivering a successful outcome.

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The “Burning Issues” report shows that this is a process which takes time, and can only move at the pace the local communities and in particular those involved in building bonfires want to move it at.

There has been some success in recent years with a reduced number of bonfires across the City and District.

Alternatives to bonfires along with responsible bonfire management have led to a reduction in crime; fewer call outs for the emergency services and a reduction in clean-up costs for Council, and other agencies. In addition other environmental and health benefits have arisen through this process.

Engaging with communities has been shown to work in bringing about cultural changes in approaches to bonfires and there are now many tools and programmes available to assist local representatives in this change process.

These relate to raising awareness and understanding amongst young people of the hazards and risks associated with bonfires. A range of education and awareness programmes have been developed with the emergency services and other Councils to inform young people of health and safety risks and encourage family friendly events as alternatives to bonfires

2. Scope

The policy relates to the management of bonfires on Council land. The policy relates to all those involved with the organisation and delivery of bonfires on Council land.

The policy does not cover fireworks or any other outdoor event on Council land.

3. Definitions

Bonfire: Burning of materials in the open.

4. Policy Statement

4.1 Roles and Responsibilities

The control of bonfires on Council Land will be continuously reviewed by the Council’s Member led bonfire working group who will consider appropriate responses in line with changing circumstances with the aim of ensuring public safety on Council land.

Responsible Directorates –

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Health & Communities; Environment and Regeneration

4.2 General Principles

Council has committed to the following:

1) Set up a Member led, multi departmental working group to take a strategic overview on the impact of bonfires in the Council area and review policy on an annual basis.

2) To engage with, provide guidance and direction to those participating in building bonfires in their communities so as to ensure that bonfires are safe and present limited risk.

3) Council will engage with young people and local communities to build better relations within local communities and between young people and public agencies. It will set up educational interventions to demonstrate the social and environmental impacts associated with bonfires and highlight the benefits and advantages of a more inclusive alternative celebration.

4) Council will not support bonfires that contain toxic materials including tyres. It will develop protocols to ensure that if material is collected for a bonfire, no toxic or hazardous material is stored or placed on the bonfire.

5) Council will not support bonfires that contain flags, emblems, posters or other materials that could be construed as promoting hate. It will work with others to reduce and discontinue the use on bonfires of flags, emblems, posters and other material that could promote hate and damage good relations.

6) Where bonfires are on council land and where communities are not in support of a bonfire taking place and/or the organiser(s) are not adhering to safety/environmental requirements, the Council should take steps to prevent the fire. In doing so Council will undertake a Health and Safety risk assessment with regard to the removal of materials to ensure the protection of staff contractors and the public.

7) Develop bonfire management conditions and guidance, which sets out the minimum requirements for a safe, well managed bonfire/event. A proposed bonfire on Council land would only be considered when the event organiser or/and community representatives, elected representatives and local civic leaders demonstrate that actions are being taken to ensure the event will be managed safely and conditions relating to collection/type of materials to be burned, site/public safety, emblems/flags etc. will be achieved.

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8) This policy relates to bonfires on Council land; however Council will pro-actively work with other public agencies to co-ordinate an inter-agency response for all other landowners to adopt a similar approach and to develop and implement similar policies and practices.

As a result an outcome of the general principles will be to help achieve Council’s aim to reduce the number of bonfires with sufficient community consensus and implement an action plan which includes exploring alternatives and supporting positive, lawful, safe, family-friendly events.

5. Legal & Policy Framework

Public Bodies have statutory responsibilities if bonfires are constructed on their land. Derry City and Strabane District Council is committing to ensuring, so far as is reasonably practicable, the health, safety and wellbeing of its employees and others (contractors, visitors and members of the public) in accordance with best practice including all relevant statutory requirements and associated codes of practice and guidance. (Derry City & Strabane District Council Health, Safety and Wellbeing Policy Ref: CORP01/15). There is risk of serious or fatal injury being caused to someone, either during the building process or when the bonfires are lit. In addition the burning of plastic, rubber or painted material not only creates an unpleasant smell but also produces a range of poisonous compounds with the potential to cause harmful health effects and smoke which may cause problems for asthmatics, bronchitis sufferers, people with heart conditions and children. The Council has a further responsibility under air quality legislation to manage this.

This policy is to assist the Council to comply with its statutory duties with respect to:

1. Public liability and Health and Safety to control risk to employees and others (contractors, visitors and members of the public) accessing Council land.

2. Good Relations and Community Safety, Waste Management, Environmental Protection (Air Quality), Public Health. The Council recognises that bonfires are seen as an expression of cultural identity within communities and is committed to working with communities in order to find and agree alternative and safe methods of cultural expression and inclusive celebration through mutual agreement.

5.1 Linkage to Corporate Plan

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5.1.1 Complements Corporate Objectives to:

1. Promote Healthy Communities2. Protect our Environment and deliver physical regeneration

The policy will link with the Councils Strategic Community Plan 2016-2030

6. Impact Assessment

6.1 Screening and Equality Impact Assessment

Screening questionnaire attached to document.

6.2 Impact on staff and financial resources

Resourced from within existing Departmental budgets.

6.3 Sustainable development

This policy supports Councils commitment to sustainable development.

6.4 Other impacts

Positive Impacts associated with implementation of the Policy:1. Support good relations through the implementation of the Policy. 2. May be a reduction of bonfires in communities across the Council Area. 3. Bonfires would be more effectively regulated and managed. 4. Reduced level of sectarianism around bonfires and the burning of flags,

emblems, and other materials that could offend. 5. Better communication between communities, statutory organisations,

community organisations and community leaders. 6. The implementation of alternatives to bonfires would have a positive

impact through providing more family friendly, safer events and community festivals that offer a method of cultural celebration.

May also be negative impacts for good relations through the implementation of the Policy:

1. Potential perception within communities that Council is trying to erode cultural celebrations.

2. Potential for communities that have moved away from bonfire celebrations to perceive that Council are assisting communities with bonfires and this could possibly increase the number of bonfires.

7. Implementation

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A proposed bonfire on Council land would only be considered when the event organiser or/and community representatives, elected representatives or other local civic leaders demonstrate that actions are being taken to ensure the event will be managed safely and conditions relating to collection/type of materials to be burned, site/public safety, emblems/flags etc. will be achieved. Responsibility for implementation of this policy will sit with Health and Communities and Environment and Regeneration Directorates.

Support and Advice (Relevant Contact Officer to be confirmed)

7.1 Procedures

This policy will be supported by the actions outlined in the action plan (appendix2), which Council is committed to implementing in full.

Following the adoption of this Policy the working group will develop the following Guidelines and Forms:

Bonfire Management Conditions Guidance for well-managed Bonfires

7.2 Communication Strategy

The contents of this policy and the positive messaging around it will be conveyed by our Communications team via a number of media platforms to include press, social media and radio.

In the months prior to a bonfire, Council will undertake an extensive communication campaign in the media and with local communities where a bonfire is located, to educate people about the dangers of burning toxic material including tyres in a bonfire.

7.3 Risk Management

If the Policy is not implemented the Council may experience one or more of the following risks:

Reputational

Risk to Public Safety and associated Liability due to risks to Health and Safety.

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Impact to environment due to deposits of waste including hazardous waste materials on land including areas used for recreation and sport.

Health Impact due to pollutants emitted to air from the burning of waste material.

Increased anti-social behaviour and disruption to services.

Implementation of the policy and associated action plan will help mitigate these risks.

8. Monitoring, review and evaluation

The control of bonfires on Council land will be continuously reviewed by the Councils bonfire working group who will consider appropriate responses in line with changing circumstances with the aim of ensuring public safety on Council land.

The policy will be reviewed annually unless more frequent review deemed necessary.

9. Acknowledgements

9.1Burning Issues Report, NIHE Bonfire Policy 2016, The Housing Executive’s Community Cohesion Strategy 2015-2010, NIEA approach to bonfires