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Whilst the Union Flag has never been officially adopted by law as the national flag of the UK, it has become so by usage (which can count for a lot in the British constitutional/legal system) and the government has stated it is the correct flag for use by British citizens.
Afloat though, the Union Flag has been reserved by the government for specific,
military purposes. It is the jack of the Royal Navy
and the flag of rank for an admiral of the fleet. These are the reasons why it
is illegal for a civilian ship to fly it.
Roy Stilling, 8 February 1996
The "Union Jack" is actually a Royal Flag, used as a national flag by permission
of HM the Queen and on the advice of HM's Ministers (i.e., the government told
us to use it in a parliamentary answer). It is perfectly acceptable to call it
the "Union Jack" - in fact that is the term used by the Government Minister who
stated that it should be used as the national flag. Of course a parliamentary
answer isn't the same as a law or statutory instrument, so legally the UK does
not have a singular national flag, but practically it does. Of course to make up
for this we have more official national flags (of a non singular nature) than
the rest of the world put together. At the last count we had exceeded 500!
Graham Bartram, 7 February 2001
The United Kingdom has two official royal flags; the Royal Standard and the
Union Jack. Since the United Kingdom is a monarchy I reckon they are official
national flags. What was, at one time, not clear was whether private individuals
were entitled to use the official flags. The flags were ratified and confirmed
by the First Article of An Act for the Union of Great Britain and Ireland,
Proclaimed 1st January 1801.
Departmental Blue Ensigns and, before 1894 Colonial Red
Ensigns, were authorised under the Order in Council, July 9th 1864 (Admiralty
Orders In Council, Vol.2, p.46).
Colonial Blue Ensigns were authorised under the Colonial
Naval Defence Act 1865 (28 vic. cap.14)
Colonial Red Ensigns after 1894 were authorised under the
Merchant Shipping Act 1894 (57 & 58 vic. cap.80): 73(1).
David Prothero, 10 June 2005
The Union Jack has never been made an official civil flag by any legal process, but it has been authoritatively stated, on more than one occasion, that on land it may be used as though it were a civil flag. It is also used by the army so I would think that it should be (ooo/xxx)
Some extracts from Public Record Office documents.
"That whereas the Union Flag has recently been declared by authority to be the National one, and therefore available to be hoisted by any British subject, His Majesty should be petitioned to grant a distinctive Flag for the exclusive use of His Majesty's Lieutenants of Counties."As a result of this, the Lord Lieutenants of Counties were, in 1911, granted a special flag; the Union Jack defaced with a horizontal sword.
However there was still uncertainty, particularly in some colonies, as to what flag could be flown on land. It was known that the Blue and Red Ensigns were for use only at sea and widely believed that the Union Jack could be flown on land only by the governor or his representative.
In 1917 the Governor of the Windward Islands wrote to the Colonial Office that,
"Residents of St.Vincent are reluctant to fly the Union Jack because it might
have the appearance of discourtesy to the Administrator who is required by
Colonial Regulations to fly the Union Jack on Government House."
[CO 323/1830/20]
The question was again raised in parliament, and on 27th June 1933 the Home
Secretary, Sir John Gilmour, announced in the House of Commons that, "The Union
Flag is the National Flag and may properly be flown on land by any of His
Majesty's subjects."
Question 34 column 1324 of Hansard [CO 323/1272/21]
Much of the confusion in the colonies was caused by the fact that the governor
flew a Union Jack with the badge of the colony on it when afloat, but a plain
Union Jack when on land. The obvious solution was for the governor to fly the
Union Jack with the colony badge whether he was on land or afloat, thus making
it clear that the plain Union Jack was not the flag of the governor and could
thus be flown by any British subject. In 1941 answers to a circular asking
governors for their opinion on this matter revealed differing practices. The
Governor of Ceylon wrote that the Union Jack was often flown in Hong Kong and
Ceylon but not in Straits Settlements, adding that at the Silver Jubilee of
George V (1935) a large British shipping firm had applied for permission to fly
the Union Jack believing the flag to be the privilege of the governor.
[CO 323/1830/22]
David Prothero, 23 August 2001
This is not quite the correct
interpretation and illustrates perfectly the dangers of relying on half written
news stories, such as this. The first thing to be borne in mind is that the
Prime Minister is the head of 10 Downing Street, which is his office and thus he
is ultimately responsible for deciding which flags appear above the building.
Moreover, he is quoted in the BBC article "When I came into government I
realised that you could only fly the flag on 18 days in the year and I thought
that was wrong" as referring to the regulations which are posted at
http://www.culture.gov.uk/flagflying/default.htm and are issued by the
Department for Culture, Media and Sport (DCMS). This is the Government
department which is responsible for issuing regulations at Her Majesty's Command
governing the flying of flags on Government buildings only. These regulations do
not apply to privately owned properties.
On 03 July, the Prime Minister issued a Green Paper on constitutional change,
'The Governance of Britain', which was one of his first announcements of new
initiatives upon taking office. Included in this paper was the statement (Box 6)
that "The Government will therefore consult on altering the current guidance
that prohibits the flying of the Union Flag from Government buildings for more
than 18 set days in the year." In the meantime, the Secretary of State for
Culture, Media and Sport has announced that "government buildings in England
should have the freedom to fly the Union Flag when they want" - which was the
case, in any event.
The Prime Minister - if the BBC quote is correctly attributed - it appears to me
as if it has been a comment from his Spokesman's weekly press briefing - and the
rest of the Government, are wrong in their interpretation of those regulations,
as published on their own web site. There is nothing in them to prevent the
flying of the Union Flag, or any other flag, on any other day of the year.
Indeed, the DCMS states that the Red Ensign may be flown by Government
departments on Merchant Navy day. The regulations merely stipulate a list of
dates, mainly notable anniversaries and the suchlike, on which the Union Flag is
to be flown. It has historically tended to be the practice that Government
buildings have not flown flags on any other days of the year.
Thus, both the Prime Minister and the Secretary of State for Culture, Media and
Sport, in his web site are giving the impression that they are in fact taking
decisive action on this issue, when they are simply confirming the status quo.
Some people might argue that this is a prime example of Government spin. Other
news sources have even reported that the Prime Minister has made this
announcement to encourage the wider flying of the Union Flag as a response to
the recent terrorist attacks in London and Scotland.
The background of the BBC article, quoted by Michael, that the new Prime
Minister is seeking to promote Britishness and is using the flag to do this, is
a reasonable assessment of the situation. In fact, he has been doing this for
some time before he became the Prime Minister, as he is conscious of the
following factors. That the last three leaders of the Labour Party have been
Scottish (less Margaret Beckett's interregnum), of the coming to power in
Scotland recently of Alex Salmond's minority Scottish National Party
administration which advocates independence for Scotland, of increased powers
for the devolved administrations in Wales and Scotland whilst England is
represented by the British Parliament at Westminster, of the over representation
of Scottish MPs at Westminster, of the still unresolved West Lothian Question
whereby Scottish MPs at Westminster can vote on issues affecting solely England
whereas those same issues in Scotland and Wales are devolved to their respective
assemblies and more than anything else, of the fact that he needs Scottish MPs
in order to sustain an administration.
Flying the flag isn't really a constitutional issue at all. It is a matter of
individual choice - but it has been put into the Government's Green Paper so
that they can use it to promote their notion of Britishness and that they are
actually doing something, when in fact they are not, because there was nothing
in the previous rules which prohibited the flying of the flag on their buildings
on days which were not prescribed.
In respect of Northern Ireland, Michael is quite right that this new
announcement does not apply to government buildings in Northern Ireland, as
there are "particular sensitivities" there. The Government believes that the
Flags Regulations (Northern Ireland) 2000 continue to be the most appropriate
way to deal with this matter there. Moreover, the situation in respect of
Government buildings in Northern Ireland is different from that in the rest of
the United Kingdom in that no flag is permitted to be flown at any Government
building at any time, except as provided for in the regulations.
Sources:
(1) British Broadcasting Corporation (BBC) News,
http://news.bbc.co.uk/1/hi/uk_politics/6276280.stm, last updated Friday, 06
July 2007 0853, as consulted 07 July 2007
(2) Her Majesty's Government, The Governance of Britain, CM 7170, July 2007
(3) Department of Culture, Media and Sport (DCMS), web site, Flag Flying,
http://www.culture.gov.uk/flagflying/default.htm, undated but clearly
reflecting recent announcements, as consulted 07 July 2007
(4) Her Majesty's Government, The Flags Regulations (Northern Ireland) 2000,
Statutory Rules of Northern Ireland, 2000 No. 347, ISBN 0-337-01075-7, 08
November 2000
Colin Dobson, 7 July 2007
A Dominions Office file of 1950, about the use of the Union Jack in the
Dominions, included a curious comment about the flag.
"The Union Jack has
always been the flag of the whole Commonwealth and not exclusively the flag of
the United Kingdom, where however it is always flown, because the United Kingdom
has no flag of its own." [National Archives (PRO) DO 35/3288]
David
Prothero, 10 February 2009
The Times: Thursday 18 September 1902.
Editorial.
To judge from the correspondence which we have lately printed, there would seem
to be no little confusion of mind in many quarters concerning the character, the
use, and even the identity of the national flag. There is, indeed, no common
agreement as to what the national flag is. Lord Hawkesbury insists that it is
the Red Ensign and nothing else. No doubt he is right in the sense that the Red
Ensign proclaims the nationality of the unprivileged British merchant vessel,
and is the only flag that can lawfully be displayed by such a vessel as the
recognized symbol of its nationality. But, if the Red Ensign is the only flag
that can properly be called national, how comes it that the flag flying at the
Victoria Tower whenever Parliament is sitting is not the Red Ensign, but the
Union Jack? The question is not altogether without difficulty perhaps. But, with
all respect for Lord Hawkesbury, we must, as at present advised, hold the better
opinion to be that the Union Jack is the national flag properly so called, the
Red Ensign being that form of it which is prescribed by law as the symbol of the
nationality of every British vessel at sea, not being a man-of-war or a vessel
otherwise privileged to wear a different ensign. That the Royal Standard is not
the national flag, nor a national flag in any sense, is a proposition too clear
to admit of dispute. It is the personal flag of the Sovereign, and can be
displayed by a subject only by special permission of the Sovereign, and this,
from the nature of the case, is very rarely accorded. This is established beyond
a doubt by the letter of Lord Knollys to the Vicar of St Michael's, Folkestone,
which we printed on June 7. The Vicar stated that his congregation had, spent
Ten Pounds in buying a Royal Standard, "thinking that they would be able to fly
the flag from the church tower as usual," and he asked that an exception might
be made in their favour. Sir Francis Knollys, as he then was, replied "that the
Royal Standard, which is the King's personal flag, can only be hoisted at the
Coronation. If permission were given in one case, it would be impossible to
refuse it in any others. I must remind you," he added, however, "that you can,
always fly the Union Jack."
It would seem from this that, in the opinion of the King's Private Secretary --
which we may be sure was not lightly given -- the proper flag to fly on any
festive occasion is the Union Jack. Lord Hawkesbury might urge, perhaps, that
this is merely an obiter dictum, and that it does not finally establish
the title of the Union Jack to be regarded as the only true national flag.
But surely this question is decided by the fact that the Union Jack is a feature
common, and the only feature common, to all ensigns, whether white, red, or
blue, which are worn by British ships at sea. Ensigns are not merely flags; they
are essentially distinguishing flags. White, red, and blue ensigns are one and
all symbols of British nationality as distinct from all other nationalities,
and, as between themselves, they distinguish different classes or categories of
British ships. The display of the Union Jack is the international mark of all
three, the colour of the fly being only a municipal distinction, so to speak.
The same conclusion seems to follow, also from the history and structure of the
Union Jack. [Details of history and construction]
Such is the historical evolution of the Union Jack, and it seems to us clearly
to indicate that the Union Jack is, and must be, the only national flag properly
so called. There remains the question of its proper or improper use and display.
This is necessarily prescribed with far greater precision and authority as
regards ships at sea than as regards its employment by private citizens on
shore. [Details of use at sea]
But on land there would seem to be no occasion for the observance of such
precision nor for the exercise of such authority. The national pride in the
national flag should suffice to restrain its improper use and display, and all
that seems to be needed is a wider diffusion of accurate knowledge on the
subject. It should be a reproach to every loyal and patriotic citizen not to
know what the national flag is, what are its proper form and construction, and
what is the proper use and symbolism of the several forms of it; and, were this
the case, public opinion might safely be trusted to discountenance the use of
all forms of it not properly constructed, or not recognized by established usage
and authority.
The form, construction, history, and proper usage of the national flag might
well be made a definite subject of teaching in every school in the kingdom. It
is full of interest and contains a good deal of history in a very attractive
form. It makes no difference for this purpose whether the national flag is, as
we think, the Union Jack, or the Red Ensign, as Lord Hawkesbury insists, since
no one can understand the Red Ensign or any other ensign unless he first
understands the Union Jack. If this were done, the illicit and improper forms of
the national flag, badly made and futility hoisted, of which we have seen so
many examples of late, would soon disappear altogether. "You can always fly the
Union Jack" says Lord Knollys. Provided it is the Union Jack, properly made and
properly hoisted, it does not much matter, on shore, whether it is flown in the
form of the Red Ensign or of any other ensign duly recognized by authority. But,
lest naval susceptibilities should be offended, it had better be, we think, the
Union Jack by itself.
David Prothero, 22 May 2004
Use and Status of the Flag continued
