NI High Court upholds ban on Drumcree parade

The judicial review was brought by a Portadown Orangeman against Sir Chris and Chief Constable Jon Boutcher of the PSNI. The ban, imposed on 9 October, followed security advice from the chief constable.

A lawyer for the Orangeman told the court that an appeal was “likely”.

The Drumcree dispute previously led to a stand-off lasting almost two weeks between Orangemen and nationalist residents of the Garvaghy Road in Portadown.

Mr Justice Scoffield said: “The secretary of state’s decision was lawful and within the margin of discretion properly afforded him, although it is highly regrettable that it was required in the circumstances which arose.”

He said opponents of the march should “take no particular joy in the outcome of this case”, adding that the situation had come at significant financial and social cost to Northern Ireland.

“Depressingly, the threat of serious and widespread disorder has loomed large,” he said.

The judge also raised concerns about respect for the rule of law, including among elected representatives who took part in an unnotified protest.

Traditional Unionist Voice leader Jim Allister maintained that “the legality of the right of Portadown District is not removed”, warning that the ruling risked leading to further similar protests.

Before the ban, Chief Constable Boutcher had told Sir Chris that all lawful and proportionate options to facilitate the procession had been exhausted. He warned that further intervention would risk serious injury and disorder.

The court heard last week that police intelligence suggested dissidents might have carried out gun attacks on officers if they had cleared a route for the parade.

The residents of Garvaghy Road supported the secretary of state’s decision.

Senior Sinn Féin politicians have attended police interviews over their participation in the protest, defending their presence by saying they “stood with the residents on the Garvaghy Road”.

On Wednesday, finance minister John O’Dowd said he had attended a police interview about his involvement in the protests.