Review of Marches and Parades in Scotland

15 Recommendations on fourth element of remit - numbers and effects on communities

Introduction and summary

15.1 The fourth element of my remit was to look at the numbers of processions taking place and the effects on communities. There is a perception that the number of processions is increasing, particularly those organised by the Loyalist Institutions, mainly associated with the Orange Order. The statistics relating to notified processions show that is the case, although not as markedly as might be expected given the very strongly held view that there are more processions taking place than ever before. These statistics are analysed in detail in Chapter 7 - The Number of Marches and Parades in Scotland but, briefly, they show that in 2001 there were 1,577 notified processions; in 2002 there were 1,600 notified processions; in 2003 (which is the year which has the most accurate records) there were 1,712 notified processions; and in the first nine months of 2004 1,428. Statistics from some local authorities show that, while there are more individual processions, overall there are fewer people taking part in those processions. Separately, it has been reported that there is the new phenomenon of band parades taking place, both Loyalist and Catholic or Republican. This has been a tradition in Northern Ireland but has been less traditional in Scotland.

15.2 It is clear that all forms of procession cause a certain degree of disruption to local communities. In views expressed to me, people expressed concern about Orange Order walks which start early in the morning, sometimes feeding into larger processions, returning late in the evening, so that people feel their whole day has been disrupted. Concerns were also raised with me about the frequency of these parades through the same areas, regularly disrupting the same community. People find it difficult to understand why there are so many small processions which seem to mirror each other, each causing their own disruption. Many people have shared with me their experiences of disruption and intimidation which they have felt on march days, including disruption to weddings, to funerals, to travel arrangements and an inability to go about their daily business. Others expressed a general feeling of fear about these processions. However, I was also told about the importance of these parades to members of the Orange Order and other Loyalist Institutions and the key role processions have in allowing them to celebrate their culture, heritage and traditions. Local authorities report that they receive few formal complaints about any type of processions.

15.3 Organisers have a key role to play in addressing people's perceptions that there are more processions taking place. They also have an important role to play in improving communities' experience of processions, minimising the negative effects that they have and maximising the positive effects that they have. In exercising their duties responsibly, organisers could make a valuable contribution to people's experiences of processions and any associated disruption.

15.4 My recommendations for this aspect of my remit concentrate on three key areas: organisers' responsibility for the numbers of processions being organised; organisers' responsibilities for ensuring processions are properly and professionally planned supported by detailed 'How To' guidance from local authorities; and ways of improving overall behaviour associated with processions. While many of the other areas of my remit require action primarily from local authorities and the police, I believe that organisers have the biggest contribution to make in addressing concerns about the numbers of processions and the effects they have on communities.

15.5 My recommendations encourage organisers to build on and continue to act responsibly in organising processions and consider if various events could be combined. There needs to be better record keeping and I think it is important local authorities and the police keep better statistics about processions. Organisers need to consider taking out public liability insurance and might be required to do so in certain situations or provide a behaviour bond. Local authorities should provide guidance for organisers on all the various aspects of organising a procession, in the form of a 'How To' guide. There should also be a general code of conduct developed and included in the 'permit to process' and organisers should reinforce appropriate behaviour in their own codes of conduct. Organisers need to do what they can to improve the behaviour of onlookers. There needs to be effective stewarding in place to manage processions. Bands engaged in playing in processions need to take responsibility for their own and their followers' behaviour. The police must continue to exercise their enforcement powers appropriately and, where local authorities do not have byelaws in place prohibiting the consumption of alcohol in public places, they should consider them.

Recommendations

Numbers

The number of processions taking place?

15.6 A number of people suggested that there should be quotas of processions established, limiting the number of processions that take place in a community or that are organised by one organisation. I do not support the introduction of quotas, which would result in a first come first serve system. It is fair, however, in coming to decisions about notifications, for local authorities to consider the amount of disruption being experienced by a community and propose alternative routes or times to minimise that disruption. It is also fair that local authorities seek to avoid clashes between processions wherever possible.

15.7 What remains clear is that people are irritated by the numbers of processions taking place. Organisers need to recognise the degree of irritation communities are feeling. While I do not want to recommend limits on the numbers that take place, it is important that organisers act responsibly and ensure that processions are being organised for appropriate reasons. Some organisations, such as the Grand Orange Lodge of Scotland and the Apprentice Boys of Derry have their own internal guidance on what constitutes an appropriate reason for a procession. It is important that they continue to apply that guidance actively and I commend them for their commitment to doing this. It demonstrates that they are taking their responsibilities to their local communities seriously. Their commitment to ensuring processions take place for the right reasons needs to continue.

15.8 Those responsible for organisations which arrange multiple parades on the same day, celebrating the same event, should look at the scope for combining processions to minimise the disruption caused in an area. In terms of spectacle alone, a larger procession makes more of a visual impact and allows the knock on effects of disruption across a local authority area to be minimised. There have been examples where the overarching organisations have done this and I encourage them to continue to look for these opportunities.

Recommendation 24

Organisers should continue to act responsibly in ensuring processions are organised for appropriate purposes and consider the scope for combining processions on certain occasions.

Keeping records of the numbers of notified processions taking place

15.9 There is limited, reliable information about the number of processions which have taken place in Scotland in the past. I was grateful to local authorities for providing me with statistics about the numbers of processions being notified and I appreciate for some local authorities this was not an easy exercise to undertake. I recognise that local authorities are improving their record keeping. I recommend that this continues. As part of the monitoring process, local authorities should be required to provide statistics about the numbers of processions that have taken place in their area. The police should also be required to keep statistics about the policing resources required to police processions taking place. Better statistics will enable communities to have more robust information about the numbers of processions taking place in their area and the associated policing costs.

Recommendation 25

Local authorities and the police should ensure that they keep statistics on the numbers of processions taking place and the associated policing costs.

Organisers' responsibilities in planning a procession

Organisers' responsibilities for insurance

15.10 Organising a procession in the twenty-first century is a considerable responsibility. Organisers have both moral and social responsibilities, as well as civil, common and criminal law responsibilities. In an increasingly litigious age, they may have to answer in the courts when things go wrong, particularly if it is shown that there have been defects in the organisers' planning process. Organisers are responsible for the safety of the public taking part in the procession. They also have some responsibility for the safety of those affected by the procession. Such responsibility would require organisers to avoid damage to property, causing fear or alarm to the public and minimising disruption to the local community. Some local authorities require organisers of events to take out insurance against damage and claims against them. Other authorities require organisers to indemnify the local authority in the event of a claim. Many organisers of various events already routinely take out insurance. It is good practice to consider taking out insurance and I recommend organisers think carefully about the need to do so.

Recommendation 26

As part of their planning process, organisers should consider whether it is necessary to take out public liability insurance

Guidance for organisers - a 'How To' guide

15.11 Organising any sort of event, including a procession, requires considerable and detailed planning. The planning process, particularly, for larger events needs to be approached in a professional and well organised manner. Organisers need to be aware of the full range of legislation which could apply to their procession, depending on its nature. A non-exhaustive list contains:

The Health and Safety at Work Act 1974 and its associated Regulations which put a duty on organisers to carry out risk assessments to identify any risk and to reduce it to acceptable levels;
The Food Safety Act 1990 which applies when food is provided or sold;
The Occupiers Liability (Scotland) Act 1960;
Traffic legislation - the Road Traffic Regulation Act 1984 as amended by the Road Traffic (Temporary Restrictions) Act 1991 and the Road Traffic Regulation (Special Events) Act 1994 where there is a requirement for restrictions for road users such as road closures, diversions, signs or cones when a Temporary Traffic Regulations Order may be necessary. There could be a charge;
The Control of Pollution Act 1974 which makes provision about the use of loud speakers;
Other licences, permits and certificates could be required depending on the nature of the event or procession. These could include: a public entertainment licence, a liquor licence, a street traders licence, a licence for a use of a park or open space, a lottery permit, a licence for a charitable collection or a market operators licence. There will be a fee associated with some of these licences;
The Public Order Act 1936 which prohibits the wearing of uniforms signifying association with any proscribed organisation; and
The Terrorism Act 2000 which prohibits the display of certain symbols associated with any proscribed organisation.

15.12 A number of local authorities in Scotland have already produced guidance for organisers of events. As local authorities establish 'single gateways' to handle notifications of processions, I recommend that they should also give thought to developing guidance for organisers of events including processions drawing on what currently exists appropriate to local circumstances. I am grateful to Scottish Borders Council - 'Organising Events in the Scottish Borders' and to Fife Council for their 'Events Toolkit' and to Edinburgh Council for their 'Planning Guide - Events in Edinburgh'. While this current guidance is aimed at organisers of all events, much of it is applicable to organisers of processions. There is other relevant guidance which local authorities will want to draw upon in developing their own guidance, including the Health and Safety Executive's 'The Event Safety Guide' and 'The Guide to Safety at Sports Grounds'. It has often required a tragedy for safety issues to be given proper consideration. I hope producing straightforward guidance about organising processions would prevent such a tragedy happening on our streets.

15.13 Guidance will be an important source of reference for organisers ensuring all events are organised more professionally and experiences and best practice shared. Clearly there will be much common ground in each set of guidance and local authorities could be supported in preparing this guidance by local authority networks and associations such as COSLA. Appendix I summarises the key elements which could be contained in such a 'How To' guide.

Recommendation 27

Local authorities should produce 'How To' guides for organisers of processions.

Improving behaviour associated with processions

15.14 My final recommendations aimed at tackling this element of my remit look at how overall behaviour associated with parades can be improved so that people's experience of processions also improves. My recommendations look at both the behaviour of participants and the behaviour of onlookers.

A code of conduct for participants in marches

15.15 Many local authorities and police forces already have a set of standard conditions governing the conduct of those organising and participating in processions. I recommend this approach be formalised and that an agreed code of conduct be set out in the 'permit to process' so that organisers and participants in the procession are clear about the conduct expected of them. As is currently the case, the details of the code of conduct should be for local authorities to decide upon in partnership with the police. However, I consider the following general issues might be covered:

conditions which ensure that the details of the notification are followed - such as timing, routes, assembly and dispersal arrangements;
conditions about where participants will march - such as where on the road participants will march and how wide the march will be;
other conditions to minimise disruption to traffic and pedestrians - such as ensuring processions are split in sections to allow traffic to pass and pedestrians to cross the road;
conditions about stewarding;
conditions requiring marchers to obey police instructions;
conditions relating to organisers' responsibilities - such as the need to liaise with the police and participants;
conditions about the noise - such as where and when music can be played and loudhailers can be used;
conditions about what can be carried during a procession - such as no weapons or inflammatory banners; and
conditions about what can be worn during a procession - such as no paramilitary uniforms.

15.16 Participants' willingness to abide by the code of conduct will be one of the aspects discussed as part of the debriefing system. Breaches, such as playing music before the permitted time or in an area where it was not permitted, would be noted as part of the debriefing record and in making future notifications, organisers would need to be able to demonstrate that they had taken action to ensure that participants would follow the code of conduct. Further thought should be given to whether there should be sanctions attached to serious breaches of the code.

15.17 Such a code should not impose unreasonable requirements on processions nor undermine the purpose of the procession. I consider it would constitute a reasonable standard of conduct for those participating in processions, again striking a balance between those who want to march and those who live in the communities through which they march. It is no more than a charter of civility, that everyone might expect of a good neighbour. I am sure that organisers and participants will want to ensure they meet the code to demonstrate the responsible attitude they take to behaviour at processions.

Recommendation 28

Local authorities and the police should develop a code of conduct for organisers and participants and this should be set out in the 'permit to process'.

Reinforcing standards of behaviour through organisers' codes of conduct

15.18 Many organisers already have detailed codes of conduct governing the behaviour of their members during processions. The Codes of Conduct of the Grand Orange Lodge of Scotland and the Apprentice Boys of Derry are at Appendix F. These are important in ensuring that participants behave in an appropriate manner. Organisations also take their own sanctions against members who breach their codes of conduct and bring the organisation into disrepute. I recommend organisers ensure that their codes of conduct reinforce the behaviour expected of participants set out in the 'permit to process'.

Recommendation 29

Organisers should ensure that their existing codes of conduct reinforce the behaviour expected of participants in the 'permit to process'.

A requirement to take out insurance or provide a behaviour bond?

15.19 For most processions, it is right that insurance is not required of an organiser and it is up to the organiser to decide whether or not insurance is necessary given the level of risk posed by the nature of their procession. However, there will be certain processions where the risk of damage is very high. If, having completed a detailed risk assessment following the submission of a notification, the local authority considers the risk of damage to be unduly high, then they should be able to require, as a condition of the procession going ahead, that the organisers take out insurance or provide a behaviour bond. The local authority must be able to demonstrate to the organiser how they reached their conclusion. The terms of the bond must be clear. For example, it would not be appropriate to penalise the organisers for damage caused by those not participating in the procession. The police, together with the organisers' stewards, would need to work closely together so that it can be proved by whom the damage was caused.

Recommendation 30

In certain circumstances, should the risk assessment demonstrate it is necessary, local authorities should be able to require organisers to take out insurance or provide a behaviour bond.

Organisers' responsibility for the behaviour of onlookers

15.20 It is clear that very often the disruption and feelings of intimidation which are described are caused not by participants in the official march, but by people with no formal connection but who choose to watch the march, either supporting it or opposing it. Some onlookers have genuine motives for watching or following processions, others do not.

15.21 I recognise that the organisers of processions are in a difficult position with regard to onlookers. Many of them feel that they should not be held responsible for the behaviour of onlookers and argue that they have no control over the behaviour of people who have no formal connection with the procession. Organisers feel that their presence and their association in the public mind with the procession can bring their own organisations into disrepute, tarnishing their image. While I have considerable sympathy with that attitude, organisers must recognise that onlookers are there because the procession is taking place and without that procession there would be no reason for them to congregate on the streets.

15.22 There is some action that organisers can take in ensuring that the behaviour of
onlookers causes minimum disruption. The first is ensuring that the behaviour of participants does not antagonise difficult situations. Some organisers already require this of their members. For example the Code of Conduct of the Apprentice Boys of Derry makes clear that their members 'shall not even when provoked engage in any action that shames or disgraces the association'. Where organisers know that the procession will attract followers, for example friends and family of participants, they should make clear the behaviour they expect of those followers, including common sense encouragement not to block the pavement or to react to opponents of the march. Finally, organisers must ensure that their stewards work in cooperation with the police. It is through that effective partnership that prospective trouble can be avoided.

Recommendation 31

Organisers should recognise the degree of responsibility they have for the behaviour of onlookers and exercise appropriate influence to improve behaviour where they can.

Effective stewarding

15.23 Organisers and the police have a shared responsibility for the conduct and regulation of processions. In general terms, the role of police at processions is to maintain the peace, prevent breaches of the law and the commission of criminal offences and to take action against law breakers. Organisers are responsible for the safety of the public taking part in the procession as well as those affected by it. Clearly these roles are interdependent as guidance from the Metropolitan Police makes clear; 'The organisers' role of maintaining public safety can best be accomplished if there is no crime or disorder taking place. Equally the police role of preventing lawlessness and disorder can best be accomplished when public safety is assured'.

15.24 One of the key ways in which organisers can ensure that they have control of the procession and ensure it goes according to plan is to have in place an effective system of stewarding and marshalling so that participants abide by what has been agreed and follow the organisers' instructions throughout the procession. If they work in an effective partnership with the police, this will also help to prevent the trouble that is sometimes caused by onlookers.

15.25 In developing their stewarding plans organisers should take some key issues into account:

Number of stewards - the organiser must ensure that they have enough stewards for the effective management of the procession. There is no exact formula for the numbers of stewards which will be necessary for a march. It will depend on the nature of the procession, previous experience of that procession, where the route is going and whether it is uneven or passes along a busy road. Some local authorities give suggested ratios: a minimum of 4 at a procession, 1:10 to 1:50 or one or more in every coach bringing participants to the procession. The organisers' risk assessment process will help to show how many stewards are necessary and this should be one of the issues discussed at the precursory meeting with the local authority and the police;
Fitness of stewards - stewards clearly need to be physically fit enough to carry out their role. They also need to have the character and temperament to carry out the duties required of them. Clearly, selecting the right people to act as stewards is important. They need to be firm but tactful, respected by participants and able to deal with difficult situations;
Identification of stewards - stewards need to be easily identifiable so that participants and others including the police can identify them as stewards. They should wear distinctive clothing such as an armband or a coloured tabard to distinguish them from participants and onlookers;
Briefing of stewards - stewards need to be effectively briefed. They need to be clear as to the extent of their role. They do not have the same duties, responsibilities or power as the police and they need to be clear about what they are and are not expected to do. Effective briefing will include information about those general requirements, details of the procession and its route, communication, duties before, during and after the procession and any emergency procedures;
Establishing a chain of command - Sometimes it will be appropriate to establish a chain of command within the stewards with a Head Steward appointed to liaise with the police and to deal with all matters relating to stewards including their briefing. The Head Steward would then liaise with the police officer in charge of the procession during its progress. It is also good practice in appropriate parades to break overall stewarding into sections with a chief steward appointed to be responsible for a group of stewards; and
Communication - it is essential that stewards are in communication with the organisers and with the police throughout the event. This could be achieved through mobile telephone or radio links. Stewards need to report back to the organisers any relevant developments during the event. They must also report to the police anything they think could lead to a breach of the peace or a breach of the law. This is key when it comes to the behaviour of onlookers. Stewards are well placed to identify those who are not participating in the procession and who are not members of the organisation. By identifying potential difficulties to the police and potential flashpoints for trouble, stewards can help to mitigate the effects.

15.26 I recognise that organisers already work to put in place stewards and are receptive to doing more. I recommend that this continues and is supported by local authorities and the police. There may, for example, be scope for training to be offered to stewards. There is much to be learnt from the experience of football clubs in putting in place effective arrangements for stewarding and ensuring that they are properly trained. I was encouraged that both the Grand Orange Lodge of Scotland and the Apprentice Boys of Derry would be happy to work with the police and local authorities to ensure that their stewards are well trained. The Apprentice Boys of Derry have already piloted a training scheme working with Leeds United Football Club and have seen the quality of stewarding improve and their processions run more smoothly. They have introduced a chain of command, visible clothing, communication systems and briefing meetings before processions. Other organisers such as the Scottish Trades Union Council and the Equality Network have experience in training stewards.

Recommendation 32

Organisers should ensure that they have effective stewarding arrangements in place for the management of processions, and local authorities and the police consider whether there is appropriate training that can be offered.

Controls on the behaviour of bands and their supporters

15.27 During the course of the Review, people commented about the need to have stricter control on the behaviour of bands and their followers. Bands are a key part of some Orange walks and Catholic or Republican parades. Some bands have a considerable following and bring a number of supporters with them when they play at processions. It is not always clear who is responsible for the bands and who is responsible for their behaviour. Where the band is engaged to play as part of a procession of the Loyal Orange Institution, responsibility lies with the engaging lodge and the lodge member who is identified as the organiser.

15.28 The Grand Orange Lodge of Scotland have suggested, in a written submission to me, that bands should be required to take more responsibility for their own conduct. The Loyal Institutions have a detailed contract of engagement with the bands who are engaged to play. Copies of the contracts of the Grand Orange Lodge of Scotland and the Apprentice Boys of Derry are at Appendix G. The contract sets out standards of expected behaviour including dress, flags and banners to be displayed, drums to be played, music that can be played and prohibitions on the consumption of alcohol. Bands are required to belong to a recognised Band Association. However, responsibility remains with the lodge engaging the band.

15.29 I agree with the suggestion that it is important that the band itself take more direct responsibility for the behaviour of its members and its supporters. I recommend that as part of the notification process the organiser should include the names of the bands who have been engaged to play and the band should stipulate a band member who will be responsible for the band's behaviour. The named person must be present on the day and identify himself as required. That would require the loyal institutions to make changes to their existing contracts. However, it would ensure that bands took more personal responsibility for their conduct. It would also ensure this was the case where the processions were being organised by bands themselves. Any concerns about the behaviour of bands would be highlighted as part of the debriefing process and taken into account in the assessment of future notifications including that band.

15.30 Previous reviews in Northern Ireland have suggested that there be a registration scheme for bands. I do not think this is currently necessary in Scotland. To be engaged by the loyal institutions bands must already be a member of a Band Association recognised by them. All bands engaged for an Orange parade must also be on the approved list of bands operated by the Grand Orange Lodge of Scotland. The Band Associations aim to improve the standard of dress, playing and decorum within member bands. Republican bands are part of the Cairde na hÉireann structure and also have an agreed code of conduct. To take part in a Republican parade, a band must be a member of that structure. However, if the named individual approach does not lead to more personal responsibility being taken, then a registration scheme may be required in the future.

Recommendation 33

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.

Links with football

15.31 In many people's minds, certain processions, particularly those organised by the Loyal Institutions are associated with football, primarily with Rangers and Celtic football clubs. Onlookers often wear Old Firm football strips. People perceive supporters to be acting in certain ways at processions, including indulging in offensive sectarian behaviour and feel that the clubs do little to address this behaviour in their supporters.

15.32 The Scottish Football Association, with all Premiership and League teams, including Rangers FC and Celtic FC, are working hard to address inappropriate behaviour, including overtly racist and sectarian behaviour amongst supporters at football matches. It might be helpful to highlight some of the initiatives that are in place. The Scottish Football Association's 'National Club Licensing Scheme' accepted by all Premier League Clubs, requires clubs to provide evidence of a clear policy against sectarianism and racism and for those policies to be incorporated in supporters' charters. They have penalties in place for those supporters who are in breach of their policies. They also play their part in promoting the work of 'Show Racism the Red Card' campaign. Football clubs are also taking specific action against supporters who behave in an insulting sectarian way such as excluding them from the ground for one or more matches through the confiscation of season tickets. Clubs publicise the numbers of people who have been warned or suspended or banned from matches as a result of unacceptable behaviour. The police and football clubs are sharing information about supporters who are charged with or convicted of offences at or near football grounds under an agreed protocol. Local authorities ensure that street traders do not sell offensive sectarian material in the vicinity of football grounds.

15.33 Both Rangers FC and Celtic FC have made their position on sectarian behaviour clear. They have clear statements setting out their policy on racism and sectarianism. Rangers FC's 'Pride Over Prejudice' campaign states that the club is a 'multi-cultural, multi-denominational and non-political organisation which promotes social inclusion and encourages tolerance and understanding of the interests of all sectors of the community'. All Rangers FC season ticket holders receive a Blue Guide which encourages fans to put 'Pride Over Prejudice'. It explains the behaviour expected of fans and sets out the actions which will be taken if fans behave in an inappropriate manner. Celtic FC sets out its position in its 'Social Mission Statement' displayed around the stadium and on each season ticket book. Its 'Social Charter' provides a code of behaviour used in educating youth supporters and which anyone who has caused trouble at a match must sign. A further breach of the Code means dismissal from the ground. The Code also sets out the foundation for the clubs work to on community involvement, charitable giving, work to promote equality and policy on inclusion. Their 'Bhoys against Bigotry' campaign was launched in 1996 to unite fans against sectarianism.

15.34 Rangers FC and Celtic FC also work jointly with Glasgow City Council across a range of issues. They have in place a range of initiatives for young people including 'Old Firm United' 'Football United' and 'Fans United' which challenge issues such as sectarianism, racism and bigotry. Both clubs contribute to 'Sense Over Sectarianism' a multi-agency project which funds community projects in Glasgow, and its travel to work area which encourages inter-cultural understanding, engages with young people and to examine and challenge existing attitudes and empower communities to tackle religious intolerance within their own areas. Projects have included inter-denominational sporting events. Both clubs work on community programmes, such as Rangers FC 'Football in the Community' programme which works to improve the health of future generations of children through exercise, nutrition and lifestyle choices while also addressing truancy and anti-social behaviour and Celtic FC 'community coaching' and 'youth against bigotry' education pack complemented by a 'matchday visit programme'.

15.35 I commend their approach and encourage them to continue to progress this and other work further. Supporters must know that clear racist and sectarian behaviour will not be tolerated.

15.36 Old Firm matches now routinely kick off earlier in the day, leading to fewer incidents. In considering notifications of processions, local authorities should take into account other events and football matches will be one such event. I consider there is little more that the Old Firm can do to address the behaviour of those who choose to wear football colours at processions. It is clear that they are taking measured action to tackle racism and sectarianism amongst their fans.

Police powers of enforcement

15.37 The police already have sufficient powers under common and criminal law to tackle the anti-social, nuisance behaviour sometimes experienced at processions. Common law and criminal offences that are sometimes relevant during processions include: the common law crimes of breach of the peace; minor and major assault; drunk and incapable; and urinating in the street. A majority of local authorities also have byelaws in place prohibiting the consumption of alcohol in a public place, enabling the police to confiscate those in illegal possession of alcohol.

15.38 People have suggested that the police should make more active use of their enforcement powers. However, this is not a simple or straightforward issue and a balance needs to be struck. The police need to exercise careful judgement in exercising their enforcement powers. Ill thought out enforcement action risks leading to an exacerbation of a situation. The nature of processions and associated public order issues are sensitive and the atmosphere potentially tense and volatile. The wrong action can inflame a situation and police officers present must exercise their judgement and police in a sensitive, sensible and appropriate way given the circumstances presented. Cooperation between the police and stewards will help the policing of processions and improve the behaviour of onlookers. Police officers involved in arresting people watching processions will then be abstracted from the route and in the short-term will not be available for continuing procession duties, potentially undermining their ability to police public safety. Careful, commonsense policing should not appear as an abrogation of duty. People watching processions should be expected to meet the same standards of behaviour as they would on any other day.

15.39 Police action should be included in the formal debriefing process following the procession. A review of how the police acted could help inform the policing arrangements for future processions.

Recommendation 34

The police should exercise their enforcement powers appropriately and, in liaison with stewards, ensure the policing of onlookers is effective and their actions considered as part of the debriefing process.

Sectarian behaviour at processions

15.40 People told me anecdotes over the course of the Review about the sectarian behaviour they experienced during certain processions that they described as 'Orange' covering all processions organised by the Loyalist Institutions. It is clear that what one person sees as bigotry and intimidation another sees as a celebration of a cultural tradition. Whatever the view held, there is no doubt that it is very firmly and genuinely held. We must find a way to come to some sort of understanding or at least accommodation. The Loyalist Institutions, in exercising their rights to peaceful assembly and to process, must therefore take into account the perceived effects they are having on the communities through which they process. Reducing the disruption caused by their processions and improving people's experiences of march days will be a practical step to addressing people's concerns. Communities should in turn recognise others' rights to peaceful assembly.

15.41 If people commit offences which are aggravated by religious prejudice, this can now be taken into account. Section 74 of the Criminal Justice (Scotland) Act 2003 came into force in June 2003 allowing for an offence to be proved to have been aggravated by religious prejudice. To September 2004, 450 charges that included a section 74 aggravation were submitted in reports by the police to Procurators Fiscal. The Crown Office and the Procurator Fiscal Service carried out a detailed review of 108 cases brought in the first six months (June to December 2003). The review showed that in 49% of cases the accused was under the influence of alcohol at the time of the offence, there were twice as many Catholic as Protestant victims, 90% of the accused were male and 15% of cases arose in the context of marches.

The role of alcohol

15.42 Some of the problems associated with behaviour at marches are undoubtedly fuelled by the consumption of alcohol. Most organisers try to control the consumption of alcohol by participants. Their codes of conduct make clear that participants should not consume alcohol before or during processions nor should it be available in coaches taking participants to marches or at assembly points. This aspect of the code of conduct needs to be continued. Organisers' stewards have a role in stopping participants who have clearly been drinking from participating in the march.

15.43 More generally the consumption of alcohol in a public place is prohibited by local authorities who have implemented byelaws. Since the pilot project in 1993, some 27 local authorities have byelaws in place. These byelaws cover more than 450 towns and villages across Scotland, together with areas within the cities of Glasgow, Dundee and Aberdeen. Aberdeenshire, Edinburgh, Orkney, the Scottish Borders and Shetland do not have byelaws in place. Byelaws can be targeted at known trouble spots such as particular streets or localities. The byelaws have reportedly been successful in reducing the nuisance and disorder associated with public drinking. People have told me that the byelaws have reduced the trouble caused by drinking on march days, although some feel that they are not enforced strongly enough. They give the police powers to seize and dispose of alcohol which helps to prevent later trouble caused by people who have drunk too much or who are already drunk and incapable. I recommend that those authorities that do not have byelaws in place consider introducing them or at least look at other ways of tackling the nuisance caused by inappropriate public drinking, for example through civic codes.

Recommendation 35

Local authorities without byelaws prohibiting the consumption of alcohol in public places should consider putting them in place.

Fourth element of remit: numbers and effects on communities - summary of recommendations