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Introduction
1. This consultation paper asks for the views of march organisers and community organisations on how the recent changes to the way that marches and parades are handled has affected them. We want to know whether you think the changes have made a positive difference to how marches and parades are handled by local authorities and other bodies with statutory roles, and whether there is anything that could be done better.
2. Sir John Orr's Review of Marches and Parades in Scotland, was published in January 2005 ( http://www.scotland.gov.uk/Publications/2005/01/20583/50696). His recommendations were the basis for the changes to the law made by the Police, Public Order and Criminal Justice (Scotland) Act 2006 ("the 2006 Act"). These changes came into force on 1 April 2007. In December 2006, the Working Group on Marches and Parades published a Report ( http://www.scotland.gov.uk/Publications/2006/12/06144246/0) and Guidance for Scottish Local Authorities ( http://www.scotland.gov.uk/Publications/2006/12/06144351/0), which between them explained the changes to the law and set out how local authorities would be expected to operate under the new conditions. We want your views on how local authorities and others have acted both under the new laws and under the guidance issued by the Working Group.
3. One of Sir John's recommendations was that "the Scottish Executive should ensure that there are effective monitoring arrangements in place to demonstrate that local authorities and police are implementing the new procedures in a way appropriate to their local circumstances with a regular public report produced." To implement this, we agreed to collect information from local authorities, police, march organisers, and community organisations to be included in a report published by autumn 2008. This consultation is part of that effort.
4. We are also seeking information and views from other sources to monitor the implementation of the new rules. We have sent out a questionnaire to local authorities asking for detailed information on the steps they have taken to put the rules into practice. This questionnaire is attached for information at Annex A. HM Inspectorate of Constabulary ( HMIC) will undertake a desktop review of police forces in June to find out what they are doing under the new processes. HMIC will also collect data on police activity which will form part of their annual statistical return in future. The results of all this activity will be included in the report which we aim to publish in October.
5. This information will also help to inform our equality impact assessment of this policy.
6. After the report is published, we will look at the findings and consider whether anything needs to be done to address any issues which have arisen. This may involve encouraging local authorities, the police, or other parties to take action in certain areas; or we may need to clarify some of the guidance. However, at this stage we are not minded to consider amending the law itself. There was extensive debate when the legislation was being prepared and considered in the Scottish Parliament and we think it is important to give the new rules and procedures time to bed in before making further changes. So please bear in mind, when sending in your views, that it is the local authority and police action in implementing the new laws on which we would like your comments, rather than on what you think the law should be. It may help, when considering your response to some of the questions in this paper, to look at the relevant sections of the Working Group's Report and Guidance, which we will refer to. A summary of the consultation questions is at Annex B.
7. The Foreword to the Working Group Report said:
"We would like to remind everyone involved in handling marches and parades that a vital part of the new process is about keeping the community informed of proposals to hold a march in their area. It's also about getting views from individuals, local businesses and community organisations and collecting their comments before making decisions. However, local authorities must remember that they have a duty to act in line with Article 11 of the European Convention of Human Rights ( ECHR). As a result, any decision they reach after consulting the police… must be compatible with the right to freedom of assembly and association given under the ECHR."
8. This reflects one of the main objectives of the changes: to enable marches and parades to take place without having a disproportionate effect on the lives of the communities through which they pass. Your views will be extremely important in assessing whether the new rules and guidance are helping to achieve this.
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