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Review of Marches and Parades in Scotland
1 Executive summary
Background to the Review
1.1 The First Minister commissioned me to review the arrangements for marches and parades in Scotland in June 2004. My remit covered five key areas:
- The period of notice organisers give to local authorities, the police and communities;
- The best way to ensure greater community involvement in decisions about marches and parades;
- The basis for determining when to restrict, refuse or reroute marches and parades;
- The number of marches and parades taking place in communities and the effects these have; and
- The policing of marches and parades.
1.2 I was asked to report to the First Minister with recommendations by the end of December 2004.
The Process of the Review
1.3 It was important that my work was informed by the views of those who marched, the communities affected by the marches and the authorities who had responsibility for making decisions about marches and ensuring local safety. I gathered those views in three main ways:
- I wrote to over 1,000 key organisations inviting views relevant to the areas of my remit. I covered a broad range of organisations and encouraged them to circulate it around their networks. The letter was also available on the Scottish Executive website and sent to local media outlets. I was pleased to receive 361 responses to this letter;
- I commissioned an attitude survey to ensure that I received views from the wider community. The survey covered 676 people across Scotland and sought views on a range of issues about marches and parades; and
- I also met with a wide range of people including national and local politicians, the police, faith groups, representatives from business and organisations which arrange marches. To ensure that I gained an insight in respect of approaches outside Scotland, I visited Merseyside, London and Belfast. In collecting information for the Review, I met with around 125 people in 45 separate meetings.
1.4 Chapter 3 describes in more detail the establishment and remit of the Review and the working processes.
Evidence gathered during the Review
Traditions of processions
1.5 My remit covered all marches and parades in Scotland. I thought it important to gather information about the types of processions that took place across the country. There are many reasons for processions: some celebrate community; some commemorate events; and some are a protest against local or national decisions. Many of the processions that receive most media attention are those organised by the Loyalist Institutions (the Orange Order, the Apprentice Boys of Derry and the Provincial Grand Black Chapter of Scotland) or Republican or Catholic groups. I wanted to explore the history and traditions of these organisations to understand better why they organised processions and what they meant to those involved. I also wanted to look at the range of other processions which take place across Scotland. The diversity of these events reflects Scottish traditions, history and culture. Chapter 4 - The Traditions of Processions in Scotland, looks in more detail at the range of processions.
The current legislative position
1.6 It is clear that my recommendations need to sit within the human rights framework. The European Convention for the Protection of Human Rights (ECHR) sets out a range of rights, including the freedom of peaceful assembly. That right protects those who want to march even if their march gives offence to people who are opposed to its purpose. However, that right is also subject to some important qualifications which recognise that people's rights might be in competition. Restrictions on rights must be prescribed in law. The purpose of any restriction of rights must be in line with the purposes stated in the ECHR: 'necessary in a democratic society in the interest of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of rights and freedoms of others'. The restriction must be proportionate so that any action to restrict a right is appropriate to the seriousness of the threat posed by exercising that right. A restriction should be justified by relevant and sufficient reasons.
1.7 Current arrangements for processions in Scotland are governed by the Civic Government (Scotland) Act 1982. That Act requires organisers to give local authorities seven days notice of their intention to organise a procession. It enables local authorities to prohibit processions or impose restrictions on them after having consulted with the Chief Constable. There have been very few prohibition orders under the Act. The types of restrictions imposed are usually around dates and timing, about routes or about the playing of music. Organisers can appeal to the sheriff against decisions. Local authorities can exempt organisations from the notification requirements and can waive the notification period where appropriate. The number of exempt organisations varied considerably between local authorities, some having as many as 300 others fewer than five.
1.8 Chapter 5 - The Current Legislative Position: Human Rights Legislation and the Civic Government (Scotland) Act 1982 describes the legislative context in more detail.
Current practices
1.9 As part of the Review, I looked in detail at how local authorities currently took decisions about marches and parades. I was grateful for the detailed information many local authorities provided to me about their processes. It quickly became apparent that there were many different approaches.
1.10 In general terms, local authorities require organisers to give written notification, sometimes using a standard application form or otherwise in a letter. While the statutory timetable was seven days, local authorities encourage organisers to give longer and many organisers do so. Once a notification has been received, most local authorities send a copy of it to the local elected member whose ward was affected for comment. They ensure the police received a copy from the organisers. Others circulate it to the roads department within the authority for their views.
1.11 Most local authority officials have delegated powers to take decisions on notifications and they are only considered by councillors at committees if the notification is considered to be controversial. Local authorities take their own decisions on what makes a notification controversial, based on a range of issues, for example: the size of the march; the organiser; or if there are objections from the police or local elected member. While local authorities consider the notification, the police meet with organisers to discuss practical arrangements for the procession. At the end of the consideration, some local authorities write to organisers confirming that they have considered the notification and have no objections. Others simply write if they impose restrictions on the procession.
1.12 Some local authorities have developed a set of standard conditions governing conduct at processions. March organisers also often have their own codes of conduct. Local authorities receive very few formal complaints about processions. The complaints that are received are about noise, disruption, litter, the nature of certain processions, costs and the behaviour usually of onlookers watching processions. A few local authorities have prepared helpful guidance to organisers about how to arrange events, including processions. There was very limited debriefing after processions.
1.13 Chapter 6 - Current Practices in Scotland describes the processes in more detail.
The number of marches and parades in Scotland
1.14 As part of the Review, I collected information about the numbers of marches and parades that took place across Scotland. Local authorities sent me detailed returns about the numbers of processions that were notified to them under the Civic Government (Scotland) Act 1982. These statistics show there were 1,712 notified processions in 2003. Given that some organisations are exempt from the requirements to notify their processions, there will be more processions than this taking place. The past three years has seen a gradual increase of around 8.5% in the number of notified processions taking place. A wide range of organisations arrange processions. Overall in 2003, 50% of all notified processions across Scotland were organised by the Loyalist Institutions (although this rises to 73% in Strathclyde); 1% were organised by Catholic or Republican groups; and 49% were organised by other groups. Marches varied considerably in size from under 50 to over 15,000.
1.15 Chapter 7 - The Number of Marches and Parades in Scotland analyses the statistics surrounding notified processions. Appendix H provides detailed information.
A summary of written responses
1.16 I received 361 responses to my consultation letter, some including very detailed views. In general, a large majority of respondents supported an increase to the notification period, as long as provision was made for certain processions which required shorter notification. On balance, respondents supported greater community involvement in the decision making process and suggested who should be involved and the best ways of involving them. Respondents agreed that, in reaching decisions, local authorities should be able to take into account a wider range of issues. Respondents described their views about the effects marches were having on communities. Views diverged over whether organisers should be required to meet their policing costs.
1.17 Chapter 8 - A Summary of Written Responses records in detail the views expressed. Appendix A lists those who responded.
A summary of the telephone survey of 'Views Across Scotland'
1.18 676 people across Scotland were interviewed as part of the telephone survey of 'Views Across Scotland'. The main topics covered in the survey were: people's experiences of different kinds of processions; the impacts of processions; whether processions were a particular issue and what should be taken into account in reaching decisions; the amount of notice that should be given; who should be involved in decisions; and whether organisers should contribute towards costs.
1.19 The results of the survey show that marches and parades affect a sizeable proportion of the Scottish population. While there can be a number of problems associated with processions, there is also evidence that many people gain positive experiences from them. Respondents consider that procedures for authorising marches needed to strike a balance between minimising the negative impact of marches and maintaining people's freedom to protest, demonstrate and celebrate.
1.20 The survey demonstrated that there is consensus around a number of principles: the need to protect freedom of speech, that marches should be allowed unless there is a risk to public safety and that marches which are likely to inflame racial or religious tensions should not go ahead. These principles are not always compatible and demonstrate the difficulty in balancing one individual's right to march with the authorities' responsibility to ensure public safety and to allow other individuals to go about their daily business. The survey showed that the public wanted a wide range of issues taken into consideration when decisions were taken on marches and parades and wanted to make sure that a wider range of organisations and local groups were involved in the decision making process.
1.21 Chapter 9 - A Summary of the Telephone Survey 'Review of marches and parades: a survey of views across Scotland' summarises the outcome of the results of the survey. Appendix B provides the full text of the questionnaire used in the survey and the full results of the survey are being published separately http://www.scotland.gov.uk/marchesandparades.
How things are done in England
1.22 The legislation in England is different. Under the Public Order Act 1986, the police are responsible for taking decisions on procession notifications. While the legislation is different, in my visits to Merseyside and London, I discovered some good practice in terms of: the planning process which involved organisers in detailed discussions recorded in a 'statement of intent'; expertise built up in specialised planning units; guidance notes to help organisers plan and deliver effective processions; and, by clear and straightforward planning, documents ensuring notifications are handled consistently and key issues are not missed. I also found some valuable examples of providing the community with better information about processions.
1.23 Chapter 10 - How Things Are Done in England describes the processes South of the Border and highlights good practice.
How things are done in Northern Ireland
1.24 Northern Ireland's approach reflects their particular culture and traditions. Decisions on the 3,000 or so processions which take place there annually are taken by an independent body, the Parades Commission. The Parades Commission was established in 1998. It is made up of a Chairman and six members and has an annual budget of 1.2 million. It considers processions under detailed procedural rules against clear guidelines on how those decisions will be reached. It has developed a code of conduct for participants in processions. Although 3,000 or so processions take place a year, most are non-contentious. The Commission issues about 130 determinations about contentious processions which usually set conditions on routes, start and finish times and the playing of music. As well as making determinations on notifications, the Parades Commission has a role in promoting understanding and supporting mediation. The Parades Commission funds a team of 12 authorised officers to assist in mediation. It also uses monitors who are volunteers to observe processions.
1.25 Chapter 11 - How Things are Done in Northern Ireland describes the background to the establishment of the Parades Commission (including the 1997 Independent Review of Parades and Marches, 'The North Review'), its current operation, the review of its operation (Review of the Operation of the Parades Commission, 'The Quigley Review') and the Northern Ireland Affairs Committee (NIAC) inquiry into the Parades Commission and the Public Processions (Northern Ireland) Act 1998.
Recommendations
1.26 I make 38 recommendations to the Scottish Executive. I believe these recommendations, when taken together, will professionalise and modernise the way that decisions about processions are taken. The package of recommendations should also improve people's experiences of processions, making sure they are better informed, disruption is minimised and overall conduct is improved. My recommendations aim to strike a balance between the rights of those who want to march and the rights of communities. My recommendations are grounded in common sense and have been informed by the evidence I have collected and the views I have heard over the period of the Review. It is likely that implementing some of the recommendations will require changes to primary legislation and may take time to effect. Others could be taken forward without legislative changes. Successful implementation is likely to require the commitment of all involved in processions, including the Scottish Executive, local authorities, the police and organisers.
1.27 Chapter 2 - Summary of Recommendations lists all my recommendations. Chapters 12 to 16 deal in more detail with the recommendations associated with each element of my remit.
Recommendations on the period of notice
1.28 My recommendations propose that organisers give 28 days notice of their intention to hold a procession, although this timescale should be waived in certain circumstances, for example where the reason for the procession could not reasonably have been foreseen. No one should be exempt from the requirement to give advance notice of their intention to hold a procession. Local authorities and the police should develop expertise in dealing with notification by putting in place 'single gateways' within their respective organisations to process notifications and to provide a clear source of information for organisers. There should be certain standard steps taken during the extended notice period which will ensure a more consistent approach to decision making and I describe what I consider the key steps might be. As part of the process, local authorities should complete risk assessments and impact analyses on notifications. To ensure that improvements are being made, a monitoring system should be put in place. The development and sharing of good practice should be supported by police and local authority associations and networks.
1.29 Chapter 12 and Recommendations 1 to 8 are about the first element of my remit, the period of notice.
Recommendations on informing and involving the community
1.30 My recommendations will improve the information given to communities by requiring local authorities to prepare and publicise an annual digest of processions and to provide up-to-date information about forthcoming processions. Local authorities should develop an 'opt-in' list of key interests so they are informed about processions. My recommendations also look at how communities can be better involved in the decision making process. Local authorities should develop appropriate mechanisms to ensure that communities have the opportunity to express their views on notifications. Local authorities should consider a wider range of views, including community views, as part of the overall assessment process. Local authorities should also put in place clear procedures for considering community views.
1.31 Chapter 13 and Recommendations 9 to 14 are about the second element of my remit, informing and involving the community.
Recommendations on decision making
1.32 My recommendations aim to improve the current decision making processes. I do not think that creating a new independent body to take decisions on procession notifications is necessary in Scotland and recommend that local authorities should remain responsible for taking decisions. However, in reaching their decisions, local authorities should be able to take into account a wider range of issues and to be able to impose proportionate conditions. Local authorities should respect traditional dates as far as possible and organisers should be prepared to compromise over routes. Organisers should provide written signed notifications. There should be a precursory meeting, facilitated by the local authority and involving at least the police and the organiser, once a notification has been received to discuss the notification resulting in a signed agreement. Local authorities should provide organisers with a 'permit to process' at the end of the notification period outlining what has been agreed and what was expected. Organisers should not be required to pay a fee for a notification. Debriefing meetings should be held after a procession has taken place which provides an opportunity for the local authority, police and the organiser, as well as any other relevant interest, to discuss what happened and to provide evidence that can be taken into account in the future.
1.33 Chapter 14 and Recommendations 15 to 23 are about the third element of my remit, decision making.
Recommendations on numbers and effects on communities
1.34 My recommendations concentrate on three key areas: organisers' responsibility for the numbers of processions; organisers' responsibilities for ensuring processions are properly and professionally planned, supported by detailed 'How To' guidance; and improving overall behaviour associated with processions. While many of my recommendations require action from local authorities and the police, organisers have an important contribution to make in this element of my remit.
1.35 My recommendations encourage organisers to continue to act responsibly in organising processions and consider if events can be combined. Local authorities and the police need to improve their record keeping about numbers and costs. Organisers need to think carefully about taking out insurance to cover their processions and might be required to do so in certain situations or provide a behaviour bond. Local authorities should provide guidance to organisers on various aspects of organising processions in the form of a 'How To' guide. Local authorities and the police should also develop a code of conduct for participants in the procession. Organisers need to do what they can to improve the behaviour of onlookers and need to ensure that they have effective stewarding in place for the management of processions. Local authorities and the police may be able to support stewarding with appropriate training. Bands engaged in playing in processions need to take responsibility for their own and their followers' behaviour and identify a named individual to take appropriate responsibility. The police should continue to exercise their enforcement powers appropriately and, in liaison with stewards, ensure that the policing of onlookers is effective. Local authorities without byelaws prohibiting the consumption of alcohol in public places should consider putting them in place.
1.36 Chapter 15 and Recommendations 24 to 35 are about the fourth element of my remit, numbers and effects on communities.
Recommendations on police costs
1.37 My recommendations look at police costs associated with policing processions. Policing processions represents a significant cost to police forces, with annual salary costs alone in the region of 1.5 million. Some 62,000 police hours are used annually in the planning and policing of processions. Three police forces (Strathclyde, Lothian and Borders, and Fife) are responsible for policing over 85% of all processions. I also look at the impact on resources, the level of policing, the numbers of arrests and complaints. Whether organisers should contribute to policing costs promoted an interesting debate and I conclude, on balance, that they should not. It is, however, appropriate for local authorities to consider relevant police costs when reaching decisions about march notifications, although processions should not be prohibited on grounds of cost alone. The police should also improve their liaison with and understanding of organisations arranging marches by ensuring their officers receive appropriate briefing about the reasons for the procession and the background to the organisation.
1.38 Chapter 16 and Recommendations 36 to 38 are about the fifth element of my remit, police costs.
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