Members of the Orange Order have been banned from marching down the Garvaghy Road in Portadown after a High Court judge granted a temporary injunction. The decision came after residents of the largely nationalist area launched an appeal against the Parades Commission ruling permitting the Orange Order to walk down the street on Sunday for the first time in 30 years.
Judge cites risk of escalation
On Saturday Justice Patricia Smyth blocked the commission decision, saying the “long-running dispute has the potential to escalate” across Northern Ireland. The stand-off at Drumcree made headlines in the 1990s, with nationalist residents of the Garvaghy Road opposed to the parade passing through the area, leading to violent clashes for several summers and political tension necessitating a major security operation.
The Orange Order has unsuccessfully applied for more than a quarter of a century to complete its 1998 walk along its traditional route. On Friday the commission reversed its long-running determination, to the welcome of unionist parties and outrage of nationalist and republican parties.
Mistrust between residents and lodge
Delivering her ruling on Saturday Ms Smyth said: “The level of mistrust between the residents and the Portadown Orange lodge cannot be overstated. Neither side accepts any reassurance provided by the other or that there’s any genuine reason for the stance adopted by the other.” She added: “It’s also clear to me that this particular long-running dispute has the potential to escalate within Northern Ireland. Against that background I am thoroughly of the view that the issues of all three parties must be properly ventilated so that whenever a ultimate decision is made by this court the parties know they were heard.”
It is understood the Orange Order will appeal against the injunctions. The basis of the review taken by the Garvaghy Road residents was on the PSNI’s risk assessment to the Parades Commission, with their barrister Denise Kiley KC, saying “much remains uncertain” in the wake of the ruling.
Residents question PSNI risk assessment
She claimed that “nowhere” in the PSNIs contribution to the commission was there “any assessment of future risk” and was “entirely directed to past risk”. “That all leads to a requirement for more time and for the Parades Commission to explain the discrepancy that is apparent on the face of the documents,” she said.
Ms Smyth said the information provided to the court from the PSNI has “prompted further inquiries” and “further time would be of benefit to the court”. “In my view it would be contrary to justice and unwise to proceed to make a decision in the absence of information in relation to the issues I have identified,” she said.
Court rose a number of times over proceedings on Saturday as the judge urged parties “to reach agreement for the sake of everyone in Northern Ireland,” encouraging them to “be big enough to step back from the abyss”.
Lodge letter rejects delay
Portadown District lodge submitted a letter in which they outlined their reasons for not agreeing to delay the parade, highlighting that they have fulfilled “lawful notification and discharged our legal obligations”. “The suggestion there is no prejudice to us is, to be frank, absolutely contrary to all reality,” the letter said. “The prejudice is very clear – those opposed to us could simply ramp up the threat of disorder or violence, to change the factual context, and therefore effectively act as a veto.”
It added: “This is not balanced or fair to us; it is depriving us, potentially on a permanent basis, of what we have been lawfully granted for Sunday, with no guarantee this outcome will be replicated even if the Applicant’s case is ultimately found to be without any merit whatsoever.” The letter concluded: “We would ask the court not to take this unprecedented and extraordinary step, which we are advised is unheard of and has hitherto not ever occurred.”
In delivering her verdict, Ms Smyth said that if the parade were to go ahead on Sunday in its current form, “there will simply be no opportunity” for the residents to have their case considered. “That is not the case with regards to the Lodge or the Parades Commission,” she said. “It is not correct that the position of the Parades Commission will be altered and ultimately as I’ve made clear this court is not carrying out an appeals function.”
Under the legal framework around parades in Northern Ireland, if the court simply passed an injunction against the Parades Commission ruling in relation to Drumcree, it would allow the Portadown District to carry out the parade without the restrictions outlined by the commission, because it was legally notified. The judge then also passed an injunction pausing the effect of the Orange Order’s notification of the parade, which counsel for the Garvaghy residents had described as “novel” and John Larkin KC, representing Portadown Orangeman Alan Hynes, as “rewriting history”.
