Bryant’s Drumcree parade ban decision ‘lawful’, High Court judge rules

The Secretary of State’s decision to ban the Drumcree Orange Order parade was lawful, a High Court judge has concluded.Sir Chris Bryant stepped in after a tense two-week stand-off in Portadown which followed the Parades Commission giving the green light to the parade completing its traditional route along the mainly nationalist Garvaghy Road for the first time in almost 30 years.The move sparked large crowds to gather on the road in opposition to the parade returning to the former flashpoint that sparked serious disorder and violence in the 1990s.He welcomed the ruling, describing an “exceptionally complex operation” and paying tribute to police officers and staff involved.Taoiseach Micheál Martin said there is a need to “strengthen and develop” community relationships following the ruling.Orangemen make their way from Drumcree Church as police form a barricade to prevent them entering the Garvaghy Road. (PA)PA WirePolice assessed officers were unable to safely escort the parade along the Garvaghy Road while the crowds remained.Orangemen stayed on Drumcree Hill and made a number of attempts to complete the parade by approaching the police line and making their case for almost two weeks.Sir Chris stepped in to ban the parade on October 9 after hosting talks with the two sides and being unable to find an agreed resolution.In the latest in a series of legal challenges around the dispute, a judicial review was sought by a member of the institution to that decision.Last week at Belfast High Court, Mr Justice Scoffield heard a challenge to the “legality of the decision-making route” to ban the parade.Read MoreHowever, counsel for Sir Chris countered he could have taken “no other decision” than halting the Drumcree march.The court also heard PSNI intelligence that dissidents may have mounted gun attacks on the police had officers cleared a path for the parade.On Wednesday morning, Mr Justice Scoffield found the decision by Sir Chris was lawful.“The Secretary of State’s decision was lawful and within the margin of discretion properly afforded to him, although it was highly regrettable it was required in the circumstances in which it arose,” he said.Mr Justice Scoffield went on to say those opposed to the parade “should take no particular joy in the outcome of this case”.He added: “The Secretary of State’s decision was lawful but the position which has now been reached has been brought about at very significant cost to the people of Northern Ireland, financially, through the diversion of police resources and in terms of community relations.“Depressingly the threat of serious and widespread disorder has loomed large in the matters under consideration.”Mr Justice Scoffield also referred to the ongoing police investigation into alleged breaches of the Parades Commission determination.Northern Ireland Secretary Sir Chris Bryant stepped in after a tense two-week stand-off in Portadown (PA)PA WireFirst Minister Michelle O’Neill is among a host of Sinn Féin and People Before Profit representatives who have attended voluntary interviews with police in that probe.The judge highlighted that Article 11 of the European Convention on Human Rights protects the right to freedom of peaceful assembly.“Whatever one’s standing or strength of conviction, the law does not apply only when you agree with it or with the outcome of a particular legal process. That is one thing which the court is both entitled and in my view duty-bound to point out in the circumstances of this case,” he said.“It is a lesson for those on all sides of the debate in our society which at least for some remains deeply divided along traditional fault lines, such divisions enhance rather than undermine the need for respect both for the rule of law and for the decisions of the legal mechanisms established in our democracy to resolve deep-seated disputes.”He finished: “I refuse the substantive application for judicial review, the applicant’s claim therefore is dismissed.”An appeal is expected to be lodged against the decision.In a statement, the PSNI said the judgment recognised its operational strategy was directed to facilitating the parade while balancing the rights of all those affected, and prioritising the preservation of life and public safety.Mr Boutcher commented: “Our officers and staff worked prolonged hours in exceptionally challenging circumstances for an extended period seeking to facilitate a lawful procession peacefully, while protecting everyone affected by the situation.“Our decisions were informed by the operational picture, intelligence, public safety, the risk of serious disorder and the impact on communities and policing across Northern Ireland. The court has recognised that these were proper and compelling policing considerations.“The High Court also noted the ongoing investigation into alleged criminal offences connected with the un-notified protest and obstruction of the route. That investigation remains ongoing.“The Police Service of Northern Ireland will continue to work with all communities, statutory partners and organisers to support the safe and lawful management of public processions and related protests.”Loyalist activist and legal adviser to the Portadown district of the Orange Order Jamie Bryson insisted the organisation “will walk the Garvaghy Road”.“What has been established in court today can be summarised very simply: the Portadown district established a legal right to walk the Garvaghy Road,” he said.He added: “Whatever about the legalities of this decision, we will study it carefully. Counsel has already made clear in court we will, in all likelihood, be lodging an appeal, but the most important thing to come out of this judgment – and I urge everybody to read it – is the concluding remarks of Mr Justice Scoffield, and particularly those who want to sustain the people referred to in this judgment in office, go and read this today.“The Portadown district will set out their next approach in the coming days, but let me be very clear about one thing, which that approach will include: the Portadown district will walk the Garvaghy Road.“They will exercise their legal entitlement and they will do so sooner rather than later.”Breandán Mac Cionnaith, a spokesman for the Garvaghy Road residents, told reporters outside the High Court: “The position of the community of the Garvaghy Road, the men, women and kids who live there, has been fully vindicated today.“The position we took in relation to this Orange march was fully justified. All we sought was the right that was promised under the Good Friday Agreement, the right to live free from sectarian harassment. That right has been vindicated and upheld today.”Breandan Mac Cionnaith (also known as Brendan McKenna) from the Garvaghy Road Residents Coalition, said they are “fully vindicated” following the High Court ruling.PA WireDarragh Mackin, solicitor at Phoenix Law, said “no amount of spin will change the legal reality” of the ruling.“We must look at this in context, the context is 21 people were killed as a result of this parade,” he said.“There is no European Court of Human Rights authority, there is no domestic authority that points to the context of this parade because it is unrivalled in human rights history.”Speaking in Dublin, the Taoiseach said: “I think the most important thing now is to try and develop and build stronger community relations in the area.“In my view, there is no need for that parade to go down the Garvaghy Road.“So we need to broaden the conversation into community relationships and strengthening those and developing those, and see what additional assistance and support we can give to the broader community in the area.”