This item was published during the term of a previous administration that ended in April 2007
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Review of marches and parades
24/01/2005
An independent report by former Strathclyde Chief
Constable Sir John Orr reviewing the handling of marches
and parades is published today.
It proposes that arrangements for the planning of
marches and parades should be modernised to allow greater
community involvement and more informed decision
making.
The report, commissioned by Scottish Ministers in June
last year, concludes that local authorities should retain
responsibility for taking decisions on processions, but
the report emphasises the need to strike a balance between
the rights of those who want to march and the rights of
communities to live and work without major disruption.
Justice Minister Cathy Jamieson said the report
struck the right balance between the right to march and the
right of communities to have a say in how, where and when
they take place.
Announcing that the Executive accepts all the
recommendations in the report, Ms Jamieson also promised
that the Executive would lead the overarching
implementation process to ensure that other partners take
the action that is required.
In the three areas that form the central part of the
Executive's responsibilities, Ministers will:
- Move quickly to consult on those recommendations
that require changes to primary legislation, such as
extending the notice period and associated actions.
That means including a new chapter to the consultation
paper due to be published early in February on a Police
Bill for Scotland. Subject to Parliament, this would
see necessary legislative changes in place in time for
the 2007 marching season
- Begin discussions with the Accounts Commission and
Her Majesty's Chief Inspector of Constabulary about
developing robust monitoring arrangements that would be
ready for implementation as soon as legislation is in
place
- Drive forward quickly those recommendations - like
setting up single gateways to handle notifications -
that do not need to wait for legislation, through the
creation of a joint working group with local
authorities and the police to ensure that we see early
progress for this year's 2005 marching season
Ms Jamieson said:
"This subject was and remains a sensitive and emotive
issue - not just in Scotland but elsewhere in the UK and
overseas.
"The right to march is a powerful visible sign of a
robust democracy. But hand in hand with those rights come
responsibilities. That is the balance that needs to be
struck - and that is the balance that many believe has been
lost in recent years.
"Too many communities feel that this right to march has
trampled over their own feelings, their own lives and their
own businesses.
"What we are setting out today, in recommendations and
in action, should not be seen as a threat to culture,
tradition and free speech. This is not about the heavy hand
of authority.
"But it is about how legitimate marches and parades can
be planned, notified, discussed, and carried out in a
modern, professional way.
"The First Minister has made it clear that in his view,
there are too many marches in some parts of the
country.
"However, he has also made clear that it is for
communities themselves - better informed and with more
powers - to work with their locally-elected, democratic
representatives in local government to take decisions to
change that.
"This package of reforms, and the steps we will take to
implement them, will give communities and local authorities
the strength they need to strike the right balance.
"And, taken together, those decisions will help Scotland
to step forward as a modern, tolerant, inclusive country -
a nation bursting with opportunity, not a state living in
fear."
The 38 recommendations in the report include:
- More informed decision making -
with organisers required to give 28 days notice to
local authorities and the police of their intention to
hold a procession, compared with seven days at present
with a clearer, comprehensive and more consistent
assessment process. That assessment process will
include, for example, precursory planning meetings with
march organisers and a systematic consideration of
wider community views
- A fair and transparent process
for the wider community - where local authorities
provide communities with up-to-date information about
forthcoming processions and establish mechanisms to
ensure local people are able to feed their views into
the decision making process
- A clear understanding of marches
and their consequences for all concerned - following
receipt of a signed notification and a satisfactory,
precursory meeting with march organisers, local
authorities should issue a 'permit to process'. This
will enable the march to go ahead, but will also
provide a written outline of what has been agreed
- More responsibility and
accountability for those who wish to march - local
authorities should be able to require organisers to
take out insurance or provide a behaviour bond. In
addition, bands playing at processions should identify
a named individual who will be present on the day to be
responsible for the conduct of the band and its
supporters. Organisers must ensure effective
stewarding, meet the requirements of a code of conduct
and recognise that behaviour at marches will be
considered in a post-march debriefing meeting
- A clearer focus on public safety
- with local authorities required to undertake rigorous
risk assessments and impact analysis on each
notification
Sir John said:
"During this review, I have listened to a wide range of
very different views about marches and parades in
Scotland.
"Views which have helped me bring forward a series of
recommendations which are firmly evidence based and aim to
strike an essential balance - between the rights of those
who want to march and the rights of those who want to go
about their daily life undisturbed by such events.
"My recommendations seek to modernise legislation which
has been in place for more than two decades during which
clearly many things have changed. We now have new human
rights legislation in place. People expect more of their
decision makers. And people expect more local involvement
in the decisions affecting them and their communities.
"I believe these recommendations, when taken together as
a package, will professionalise and improve the way
decisions about processions are taken.
"There is no need for a new body to take decisions on
processions in Scotland. Local authorities should remain
responsible but they need the right powers to support them
in that duty.
"That means enabling them to take into account a wider
range of issues when reaching their decisions.
"We need to ensure local people are better informed,
that disruptions to communities are minimised and that the
conduct of those involved in such events is improved.
"Once implemented, these arrangements will lead to a
fairer, more transparent and inclusive process where
decision makers and organisers take their responsibilities
seriously and are accountable for their actions. A process
that is appropriate for a multi-cultural Scotland in the
21st century."
The review was informed by the views of those who march,
the communities affected by the marches and the local
authorities who have responsibility for making decisions
about marches and ensuring local safety.
Written views were invited and 361 responses were
received. A telephone attitude survey was conducted,
covering 676 people across Scotland.
In addition Sir John met with around 125 people during
45 meetings.
There were 1,712 notified processions in Scotland in
2003. Policing costs associated with processions were £1.5
million.