The High Court in Belfast has quashed a decision by the Parades Commission to impose restrictions on the annual Orange Order parade at Drumcree in Portadown.
The court was told that the determination had not been considered in its “final form” by all members of the commission. The legal challenge, launched last month, was brought by a Portadown Orangeman.
Consent to quashing
In court on Tuesday, John Larkin KC, representing the applicant, said there was consent on behalf of the commission to the quashing of the determination before a full hearing in the judicial review application. Mr Larkin said the agreed determination had been sent out to commissioners “essentially for information purposes”.
The barrister referred to internal WhatsApp messages from the commission about the determination, which he said were “for information purposes only”. He said: “We say that is a scandalous abdication of responsibility in these circumstances.”
Representing the Parades Commission, Tony McGleenan KC said: “The concession was made last week in respect of the procedural point with the determination not having been considered in its final form by all commissioners.”
Judge's ruling
High Court judge Mr Justice McAlinden said he had “no hesitation” in making a ruling to quash this year’s determination. He added: “This is simply a case which does not stand up to any scrutiny at all.”
Referring to an application for costs for the hearings, the judge said: “Public administration must have the confidence of the public and that means that when errors are made, when shortcuts are taken, when sloppy procedures are manifest, those issues come to the public knowledge and appropriate corrections are made within that administrative body to ensure that such behaviour does not occur again.”
The judge ordered the Parades Commission to pay costs.
Political reaction
The hearing was attended by a number of unionist elected representatives, including DUP Upper Bann MP Carla Lockhart and TUV leader Jim Allister. Mrs Lockhart described the court ruling as “absolutely seismic” and called on commissioners at the Parades Commission to resign.
She said: “If they do not, there is a clear obligation on the Secretary of State to remove them from office and I am writing to him today to ask this process is commenced immediately.
“The Parades Commission is a statutory body established by the UK Government, exercising significant powers over fundamental rights.
“Included in my letter to the Prime Minister is the request for an urgent independent review of the commission, including its structure, governance, decision-making and accountability.
“The commission cannot be permitted to investigate itself and the review should have as an active possibility the abolishment of the Parades Commission.”
Mr Allister also called on the commissioners to resign. DUP leader Gavin Robinson said: “The outcome of the Drumcree legal challenge is a totemic victory which has laid bare why confidence in the Parades Commission has collapsed within the unionist community.”
Orange Order response
A spokesperson for the Orange Order accused the Parades Commission of using a “copy and paste” response when refusing annual applications to march at Drumcree.
The spokesperson said: “The commission’s failure to recognise the willingness of Portadown District to enter into dialogue with the residents of the Garvaghy Road, and the latter’s abject refusal to do so, has for too long been used as a convenient get out for the commission.
“The Grand Orange Lodge of Ireland welcomes today’s legal victory which makes the position of the current commissioners untenable.
“We further call on the Secretary of State to instigate a long overdue, comprehensive examination of the commission’s internal decision-making processes which, since its inception, have often lacked credibility, accountability and transparency.”
The Parades Commission, which adjudicates on contentious marches, has blocked the order from marching along the Garvaghy Road in Portadown every year since 1998. In 1998 and previous years, there was widespread disorder because of tensions around the march along the Garvaghy Road. Any future parade along the road would require a new application to the Parades Commission.
