The Scottish Government

« Previous | Contents | Next »

Listen

Review of Marches and Parades in Scotland

11 How things are done in Northern Ireland

Introduction

11.1 This section looks at the Northern Ireland experience. I visited Belfast and spent time with the Parades Commission, Mediation Northern Ireland and the Police Service in Northern Ireland. Again, I welcomed the very open way they received me and my questions. The processes in Northern Ireland are unique in that decisions on the 3,000 or so processions are now taken by a body independent of the police and of local authorities, the Parades Commission. While what has developed in Northern Ireland clearly reflects their own history and particular circumstances, it is worth considering what we in Scotland can learn from aspects of their approach.

Processions in Northern Ireland

Background to the creation of the Parades Commission.

11.2 Until the creation of the Parades Commission in 1998, decisions on processions were taken by the police force under the Public Order (Northern Ireland) Order 1987. In his review of parades and marches, Sir Peter North described the main criticisms of that Order. In summary, he recorded that:

• it was felt to be too focused on public order, not recognising the rights of peaceful assembly or the rights of those in an area through which a parade passes, or those of the wider community;
• it placed a premium on threats of disorder; and
• it had been implemented inconsistently with a lack of transparency and rigour.

The Creation of the Parades Commission - The Independent Review of Parades and Marches, 'The North Review'

11.3 In August 1996, the Secretary of State for Northern Ireland (Sir Patrick Mayhew) commissioned Sir Peter North to review the arrangements for processions in Northern Ireland and associated public order issues and to make recommendations for the future conduct and regulation of processions. He took evidence from a wide range of interests, receiving 300 written submissions and letters and holding a series of 93 meetings involving more than 270 people. This was supplemented by a detailed attitude survey.

11.4 The review was prompted by the various serious disputes over the summer of 1996 between the Loyal orders and Nationalist resident groups, which required major intervention by the police under public order legislation, and by the general dissatisfaction with the exiting legislation. Sir Peter North, in his report, estimated the major costs to Northern Ireland of that disruption: two deaths and a significant number of injuries, the polarisation between two parts of the community, damage to the relationship between the police and the community, public expenditure costs apparently in excess of 30 million and losses to trade, tourism and inward investment.

11.5 The Report of the Independent Review of Parades and Marches (the North Report), was published in January 1997 and made 43 main recommendations. It identified a number of key principles which were to inform and underlie the development of processes and procedures to address the issue of conflict over parades, including:

• the right to peaceful free assembly should (subject to certain qualifications) be protected;
• the exercise of that right brings with it certain responsibilities, in particular those seeking to exercise that right should take account of the likely effect of doing so on their relationships with other parts of the community and be prepared to temper their approach accordingly;
• all those involved should work toward the resolution of difficulties through local accommodation;
• in the exercise of their rights and responsibilities, those involved must neither commit nor condone criminal acts or offensive behaviour;
• the legislation must comply with the United Kingdom's obligations under international law and provide no encouragement for those who seek to promote disorder;
• the structure for and process of adjudication of disputes over individual parades should be clear and applied consistently with as much openness as possible; and
• any procedures for handling disputes over parades and the enforcement of subsequent decisions should be proportional to the issues at stake.

11.6 The most fundamental of North's recommendations was the creation of a new independent body, the Parades Commission, that would:

• allow interested parties to put their views forward about proposed parades;
• encourage them to settle difficulties locally; and, where that became impossible
• itself to come to a view on what, if any, conditions should be imposed on contentious parades after an appropriately transparent process of examination of all the relevant issues against the background of reformed legal provisions.

11.7 In creating a new body, responsibility for making decisions about disputed parades passed from the police to the Parades Commission. North's other recommendations proposed a remit for the Commission; proposed guidelines be developed on how it should operate and that a code of conduct with statutory force be drafted for participants; proposed a longer period of notice than the existing seven days be given and suggested the way in which notice should be given; made provision for the continuing role of the Police Service of Northern Ireland; and suggested a registration scheme for bands.

The Parades Commission

11.8 The Parades Commission, recommended by Sir Peter North, was established in 1998. It is an independent, quasi-judicial body and its determinations are legally binding. The Commission is made up of a Chairman and six members. They are appointed by the Secretary of State for Northern Ireland, usually for a term of three years. The current Commission has been extended while the findings of the Quigley Review are considered. The members are from a variety of backgrounds: legal, business, community relations, the Presbyterian church and farming. Members had experience in facilitating, for example at the Dumcree talks and in community relations. The Commission is supported by a full time Secretariat with a permanent Secretary and two geographic case workers as well as administrative support. It has an annual budget of around 1.2 million.

Powers and duties of the Parades Commission

11.9 The powers and duties of the Parades Commission are set out in the Public Processions (Northern Ireland) Act 1998. The Act sets out the functions and powers of the Commission, the powers of the Secretary of State to review the Commission's determinations and to prohibit processions, makes provision about the time period for advance notice for processions (28 days) and protest meetings related to processions (14 days). It also makes provisions to enable a band registration scheme to be developed and provisions about the control of alcohol. Under the Act, the Commission was required to develop three documents: procedural rules explaining how it will exercise its functions; guidelines about how it will reach decisions on its determinations setting conditions on parades; and a Code of Conduct for participants in the parade.

Functions of the Parades Commission

11.10 The legislation sets out the key functions of the Commission as being to:

• promote greater understanding by the general public of issues concerning public processions;
• promote and facilitate mediation as a means of resolving disputes concerning public processions; and
• keep itself generally informed as to the conduct of processions and protest meetings.

Authorised Officers

11.11 To assist with mediation, the Parades Commission funds a team of 12 Authorised Officers who work on the ground throughout Northern Ireland, normally in teams of two. They are not members of the Commission staff but are self employed and contracted to provide services. Their job is to understand the issues and concerns raised by the various interest groups in relation to any parade and to seek to find ways towards a local consensus or mediated accommodation about parades at a local level. They are an important source of advice to the Commission, providing an invaluable perspective of realities within individual communities. For example, they will, in the run-up to a contentious parade, talk to many of the stakeholders in the area to establish what, if any, progress has been made on the ground in recent months; they will examine the prospects for dialogue and seek to facilitate the setting up of meetings where this is possible between the parties; they will discuss with parade organisers, residents, local clergy, community leaders and politicians the grass root sensitivities and feelings; and they will explore the potential for proposals to take into account the concerns of those living in the area. These insights, in turn, provide the Commission with valuable additional knowledge to that which is presented to them in the more formal advice and evidence gathering exercise, which is part of the procedure leading to a determination.

Monitors

11.12 The Parades Commission also uses monitors to observe parades and protest meetings to help in its duty to 'keep itself generally informed', of the conduct of public processions and protest meetings. Monitors, who are all volunteers, are trained with the assistance of Mediation Network for Northern Ireland. They are briefed before they attend a parade and are likely to be briefed to focus only on certain aspects of a parade, rather than attempt to observe and report on everything that happens. They carry identification cards for the purpose of making themselves known to the police and others. However, monitors are not otherwise publicly identifiable. Monitors' reports are based on what they see and hear as neutral observers and they work to a code of principles which emphasises their independence from the Commission when it comes to monitoring and reporting on parades.

Parades Commission's powers to set conditions on processions

11.13 The legislation gives the Parades Commission the power to impose conditions on public processions. This is a general power, but conditions could include provisions as to the route or prohibiting it from entering any place. The legislation required the Commission to set out guidelines on how it will reach its determinations (the second document required by legislation). They ensure that the Commission's processes are transparent, making sure there is consistency but also a degree of flexibility and discretion so that each case is looked at individually. Its guidelines set out the issues it will consider in reaching its determination. The guidelines and the Act require them to have regard to:

• public disorder or damage to property which may result from the procession - in doing so the Commission will seek and consider advice from the Police Service of Northern Ireland;
• any disruption to the life of the community which the procession might cause - including the restriction of freedom of movement by local residents, the restriction of normal commercial activity, the restriction of access to public amenities such as hospitals, the restriction of access to places of worship, and the duration of the procession;
• any impact that the procession might have on relationships within the community considering:
• the location and route and the extent to which the route comprises residential or commercial property, the demographic balance of residents, the presence of monuments or churches, the purpose of the parade and the availability of other non controversial routes;
• the type and frequency of parades, the purpose of the parade, the numbers notified to take part, the past experience of parades, the regalia associated with the parade, the nature and number of bands and the frequency;
• communication with the local community and whether the organisers have been in contact with local community to address any genuine, relevant concerns; and
• the broader context including any history of conflict associated with a parade and the impact for relationships within the wider Northern Ireland community.
• Compliance with the code of conduct and the steps that organisers have taken to meet its requirements; and
• the desirability of allowing a procession customarily held along a particular route to continue be held along that route.

Overturning the Parade Commission's determinations

11.14 The legislation makes provision for the Commission's determinations to be reviewed in certain circumstances. The Commission can look itself at its determination in light of new evidence or information brought to its attention. The chief constable can apply to the Secretary of State for a review of a decision, explaining his reasons for his concern and making recommendations about a preferred course of action. The Secretary of State can then confirm, amend or overturn the decision or prohibit a public procession or the holding of a series of processions in an area. The Secretary of State can also prohibit a procession or a series of processions if he is of the opinion that it could result in:

• any serious public disorder or serious damage to property;
• any serious disruption to the life of the community;
• any serious impact which the procession may have on relationships within the community; and
• any undue demands which the procession may cause to be made on the police or the military forces.

Process for giving notice of public processions

11.14 There is a prescribed form that organisers must complete to give advance notice of their intention to organise a procession. They must submit the form at least 28 days before the proposed date of the procession, to the police station nearest the start of the procession. The form requires details of the organiser, the purpose, the size, the route and the names of any bands taking part. When the police receive the form they forward it to the Commission, usually within 24 hours of having received it, stating whether it refers to an annual procession, whether the procession had been contentious in the past, whether there was any reason to believe the procession will be contentious and any other views of the police.

11.15 Before making a decision on a parade, the Commission also gathers a wide range of information from the police, the organiser, residents groups, elected representatives and other interested people or bodies. The Commission has detailed procedural rules on how it will exercise its functions (the first document required by legislation). The rules explain how it will gather information about past history, the demographic mix of the local community, the local area and key points on the route. The Commission may request a further, fuller police report. The report covers recent parading history at the venue, compliance with the Code of Conduct, public disorder or damage which has occurred, a community impact assessment, disruption to the life of the community and assessments under the Human Rights Act. The Authorised Officers have an important role in gathering information, sometimes supplemented by additional research and the Commissioners visiting the location of the parade. The Commission can also hold formal evidence gathering sessions in order to hear views and clarify issues. The evidence gathering sessions are recorded. In addition to these sessions, the Commission also receives information and representations from any interested party or organisation at any time prior to the date of the parade. All the information gathered by the Commission is treated as confidential and only for the use of the Commission. However, the Parades Commission will, if requested, advise the organiser of the nature of any objections to the parade (without revealing who has made objections) and give the organiser an opportunity to respond to those concerns.

11.16 The Commission recognises explicitly that disputes about parades are best resolved locally. If accommodation cannot be reached locally, the Commission takes into account all available evidence of the steps taken by any of the parties to secure accommodation. Once the Commission has the evidence it requires, it meets to consider whether to issue a legally binding determination on the parade. The decision is taken by majority vote. The Commission aims to make its decision five working days in advance of the date of the parade. It will provide written notification of its decision to the organiser, the Secretary of State for Northern Ireland, the Chief Constable and other concerned parties. The Commission issued 130 determinations in 2003. Its determinations include setting conditions on routes with restrictions or prohibitions on where the march could go, on the bands which can participate, on starting and dispersal times, on the playing of music or the sorts of music that could be played and stops along the route.

Code of Conduct

11.17 The third document the Commission was required to prepared by the legislation (as well as its Guidelines and procedural rules) was a Code providing guidance to people organising a public procession or protest meetings and regulating the conduct of people participating. It is designed to assist organisers by providing a checklist of the points they will need to cover and the issues they will need to address in planning and on the day. It aims to strike a balance to ensure that people can participate in parades while minimising disruption to those who work or live on the routes. The Commission takes into account compliance with the Code when considering whether or not to impose conditions on a parade.

11.18 The Code covers:

• routes - it requires the organiser to consider factors about the route including:

the level of commercial activity to ensure that the organisers give notice to businesses through flysheets, posters or a public notice in a newspaper so that they can make alternative arrangements where necessary;

whether the routes pass places of worship to determine whether any services are taking place at the time of the parade;

whether the route passes through a residential area and the organiser is required to let the local people know and, if the majority population are of a different tradition or interface area the organiser must establish a line of communication;

whether the route passes along a main road as this will require traffic diversions and stewards briefed about the safety issues involved.

• Timing - the code makes clear the timings notified must be definitive and that parades in the dark pose health and safety issues;
• Bands - the code emphasises the need to establish and enforce high standards with bands and to ensure that these are reflected in their contracts;
• Stewarding - the code reinforces the importance of properly trained stewards who are aware of their responsibilities and how to react in unforeseen circumstances. The number will vary according to the size of the parade, the length and nature of the route. They must be clearly identified and have an effective means of communication;
• Giving notice - the Code explains that the statutory notice period is 28 days but encourages organisers to give more notice if possible to help effective planning; and
• Preparation - the Code emphasises the importance of good preparation to ensure a successful event.

11.19 The other key area on which the Code provides guidance is on the behaviour of those participating. It provides that:

Behaviour - All participants in parades should:

• behave with due regard for the rights, traditions and feeling of others in the vicinity;
• refrain from using words or behaviour which could reasonably be perceived as being intentionally sectarian, provocative, threatening, abusive, insulting or lewd;
• obey the lawful directions of parade organisers and stewards at all times, from assembly to dispersal;
• abide by the conditions of this Code of Conduct; and
• comply with police directions and in accordance with legislation.

Dress - No paramilitary-style clothing is to be worn at any time during a parade.

Parade - Whenever possible, the parade should be positioned on one side of the carriageway so as to allow for the free flow of traffic, or as otherwise stipulated by police.

Route - Participants should keep to the designated route as directed by the police.

Alcohol - Alcohol should not be consumed immediately prior to, or during a parade. An organiser or steward, who believes a participant to be under the influence of alcohol, should take the necessary measures to remove that person from the parade.

Bands and Music - Each band must clearly display its name. Restrictions on the playing of music will be in accordance with the conditions as set out in Appendix B of the Code. No musical instrument will bear any inscription or mark of a proscribed organisation.

Flags etc - Flags and other displays often have a legitimate historical significance, but in no circumstances should such items relating to a proscribed organisation be displayed.

Stewards - The names of stewards will have been notified to the police and the Parades Commission at the time of notifying the proposed parade. Stewards should:

• be properly trained;
• be briefed by the organisers prior to the parade;
• carry proof of their status at all times during the event, and provide this information to police on request;
• be fully aware of their responsibilities and role;
• be highly visible by means of jackets, singlets, armbands, etc.;
• not consume alcohol before or during the parade;
• cooperate with the police; and
• be prepared to identify to the police any persons in the parade who may be committing any offence against criminal law.

Policing - Organisers of parades must cooperate with the police from the time of submission of the notice of intention to parade until the parade disperses.

Dispersal - When a parade has concluded, all those taking part must disperse immediately. It will be the responsibility of the organisers to ensure compliance with instructions in this regard.

Abiding by Conditions - Organisers must ensure that all participants in any parade have been informed of any conditions imposed. As a general principle, the organiser is responsible for the behaviour of all participants and for ensuring compliance with the Code of Conduct.

11.20 The Code also provides additional guidance for those participating in parades in the vicinity of sensitive locations:

Places of Worship - Only hymn tunes should be played; when church services are taking place, no music should be played; there should be no irreverent behaviour; and marching should be dignified.

War Memorials and Cemeteries - Only hymn tunes should be played; behaviour should be respectful; and marching should be dignified.

Where the Majority Population of the Vicinity are of a Different Tradition, and in Interface Areas - behaviour should be respectful; there should be no excessively loud drumming; participants should refrain from conduct, words, music or behaviour which could reasonably be perceived as intentionally sectarian, provocative, threatening, abusive, insulting or lewd; and marching should be dignified.

The Police and the Parades Commission

11.21 The Police have appointed a full time liaison officer to work with the Commission to provide a link between the police districts and the Commission. In evidence to the Northern Ireland Affairs Committee, the Assistant Chief Constable said that ' we have built up a very professional working relationship and we hope we are able to iron out any or all the issues or any problems that potentially come about and there have not been all that many.' He noted that ' The Commission has dealt very professionally with the police, treating all of our correspondence with confidentiality, and this trust we feel has been very important...' The Police and the Commission hold a joint seminar annually to allow the exchange of views and have joint protocols in place to promote better coordination and understanding which set out clearly the respective responsibilities at every stage of the parades process. Sometimes the Commission reject the police's advice about the public order implications of a parade, but this is normally resolved through negotiation and the police have never asked the Secretary of State to consider overturning a determination.

After the parade

11.22 The Police complete a report on the conduct of the parade. These reports are collated centrally by the police officer who liaises with the Parades Commission.

Protest meetings

11.23 The arrangements for protest meetings related to parades are different. Here organisers need to give 14 days notice to the police on a prescribed form. These forms are copied to the Parades Commission, but the police are responsible for making decisions and placing any conditions on the protest.

Review of the Operation of the Parades Commission, 'The Quigley Review'

11.24 Sir George Quigley was appointed by the Secretary of State for Northern Ireland (Dr John Reid) in November 2001 to review the operation of the Parades Commission and the legislation under which it was established and to consider whether there were any changes which could promote further public confidence on all sides, respects for the rights of all and the peaceful resolution of disputes on parades. He wrote to a wide range of organisations and individuals inviting views and received 104 written submissions and supplemented this in depth discussion with some 60 individuals and representatives of organisations.

11.25 Quigley's report summarised the evidence he had heard. He recorded that there was support for a proactive, mediation-type function to try and achieve local settlement without the need for formal determination. If a formal determination was needed, people wanted to understand better why decisions had been reached and wanted a more open and transparent process. There was also broad acceptance that parades needed to be managed more effectively and organisers should accept their responsibility and be made more accountable for their events. There was a general acceptance that independent third party regulatory machinery was necessary, even amongst those who were critical of the operation of the Parades Commission.

11.26 In his options for the future, Quigley recommended that there was a need to build on the work of the Parades Commission to accelerate the trend towards local accommodation so that fewer cases would require formal determination and outcomes achieved within a framework that was transparently fair and recognised as such. Quigley wanted to see a stronger and more structured role for facilitation, with the establishment of a function charged with facilitating settlement set within the regulatory machinery. He felt there should be a separate rights-based judicial tribunal for making determinations. Where determinations were necessary he thought there should be more clarity about the process which resulted in the determination. He was concerned by the Commission's confidentiality rule surrounding evidence given to it and wanted organisers to be aware of objections and meet to discuss those objections. He wanted to see a much longer notification period of at least six months, with most notifications being submitted in the October before the parade was to take place. He wanted to see better organised parades based on a revised Code of Conduct to emphasise the organisers' responsibilities. Finally, he recommended that a band registration scheme be set up for those bands which did not subscribe to other appropriate codes of conduct.

11.27 Sir George Quigley's Report was submitted to the Secretary of State for Northern Ireland on 27 September 2002 and issued for public consultation on 7 November 2002. Following representations from both sides of the community, including the Orange Order, it became apparent that many organisations would benefit from some extra time in order to come to a clear view on the report. Therefore, on 6 February 2002 the consultation period was extended in order to give key groups time to respond to the consultation.

Northern Ireland Affairs Committee Inquiry

11.28 The Northern Ireland Affairs Committee (NIAC) announced that it was to conduct an inquiry into the Parades Commission and the Public Processions (Northern Ireland) Act 1998 in September 2003. The review took as its starting point the Quigley Report. The Committee's primary concern was to examine:

• the response by Government and other interested parties to the Quigley Review;
• the case for implementing key recommendations of the Quigley Review; and
• the legislative (or other) steps necessary to implement such recommendations, if appropriate.

11.29 The Committee heard from key stakeholders during 2004 and its findings were published on 10 January 2005. When giving evidence to the Committee, the Minister of State in the Northern Ireland Office responsible for parades committed to responding to NIAC's report after it was published.

Numbers of Parades in Northern Ireland

11.30 The following table summarises the numbers of parades taking place in Northern Ireland. The Parades Commission issue determinations on a small proportion (under 4%) of parades considered to be 'contentious'.

Policing Costs of Parades in Northern Ireland.

11.31 The police estimate that for the marching season of 2001-02 policing costs were in the region of 22.5 million, in 2002-03 28.3 million (an increase reflecting a particular dispute) and in 2003-04 18 million.

« Previous | Contents | Next »