Drumcree Church
Credit: Raymond Okonski [CC BY-SA 2.0]

The independent judge-led review has been commissioned by the Northern Ireland secretary following the fallout from recent judicial review proceedings quashing the Commission’s determination in relation to the annual Orange Order march along the Garvaghy Road. 

The judicial review proceedings were brought by a member of the Portadown Orange Lodge and claimed that the Commission’s 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”.

Commissioner, Billy Gamble, subsequently resigned after facing criticism for comments made in an email in relation to the annual Drumcree parade that: “Mediation is a non-starter, so let’s not give them an angle to keep prodding us”.

In early September Sir Chris announced the independent review to provide assurance to all communities and consider improvements to the Commission’s processes and procedures.

Announcing the appointment, Sir Chris said: “The Parades Commission carries out a vital role in sensitive and often challenging circumstances.

“Following the recent court judgment, it is paramount that we restore and maintain the highest possible levels of confidence in how decisions are reached. 

“I have been steadfast in my commitment that this review must be entirely independent, thoroughly credible, and led by a figure of high standing and proven expertise.

“I am delighted that Sir John O’Hara KC has agreed to undertake this important work. His considerable standing, vast legal experience, and independence make him uniquely qualified to provide the assurance, scrutiny, and actionable recommendations needed.

“His appointment underscores the government’s commitment to an objective, authoritative, and rigorous examination of the Commission’s governance and decision-making procedures.”