High Court quashes Parades Commission determination blocking Orange Order from marching down Garvaghy Road
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Drumcree Church by Raymond Okonski [CC BY-SA 2.0]
The High Court in Belfast has issued a judgment in judicial review proceedings quashing a decision of the Parades Commission to block the Orange Order from marching down the Garvaghy Road.
The judicial review proceedings were brought by a member of the Portadown Orange Lodge and claimed that the Commission’s latest decision unlawfully breached his rights to freedom of belief, expression and peaceful assembly under the European Convention on Human Rights.
The Commission, however, conceded a procedural error and requested that their determination be quashed in advance of a full hearing. Tony McGleenan KC for the Commission stated that the determination had not been considered in its final form by all commissioners.
Mr Justice McAlinden stated that he had no hesitation in making the order as “this is simply a case that does not stand up to any scrutiny at all”. In an application for costs Judge McAlinden further referred to the procedures as “sloppy”.
The Parades Commission was established in 1998 in the wake of the Drumcree conflict that was, in part, concerned with a parade by the loyal orders down the Garvaghy Road. Any person wishing to organise a public procession must give notice in advance of their intention to do so and the Commission will issue a determination that can impose conditions, including as to the route of the procession, on those taking part.
The Orange Order has applied and been refused permission annually to walk along the Garvaghy Road since 1998. The Order is now expected to make a fresh application to hold a parade along the route.
The judgment was met with approval among unionist politicians with DUP leader Gavin Robinson describing it as a “totemic victory” and his colleague, Upper Bann MP Carla Lockhart referring to it as “seismic”. Mr Robinson called for an “independent review of how parading is governed in Northern Ireland” while Ms Lockhart called for the removal of the commissioners stating that “the battleground is now to Westminster” where she has written the Prime Minister to ask for the same.
Northern Ireland secretary Sir Chris Bryant stated that he will meet with the Parades Commission to discuss strengthening their procedures.
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