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Northern Ireland Parades (North Report)

3.31 pm

The Secretary of State for Northern Ireland (Sir Patrick Mayhew): With permission, Madam Speaker, I will make a statement about the report of the independent review of parades and marches in Northern Ireland, which was published this morning in Belfast.

Last summer, public disorder occurred in Northern Ireland on a very grave scale, associated in particular, but not exclusively, with a parade at Drumcree. Immense disruption was caused, with massive damage to property, including churches and schools. The murder of a taxi driver may also have been related. Deep and lasting injury was inflicted on both sides of the community, and on the Royal Ulster Constabulary, who were placed in an intolerable position. Actual and threatened force obliged the Chief Constable to reverse a previous order, in the interest of avoiding loss of life, which is always his first duty. The improvement in Northern Ireland's image, which is so important economically in particular, was sharply reversed.

In the light of those shocking events, I announced on 15 July the establishment of the review, with the task of making recommendations about the future management of controversial parades.

The review was asked to consider the existing arrangements for handling public processions and open-air meetings in Northern Ireland, including the adequacy of the current legal provisions; the powers and responsibilities of the Secretary of State, the police and others; the possible need for new machinery; and the possible role for and composition of codes of practice relating to parades and meetings.

The review body comprised Dr. Peter North, vice-chancellor of Oxford university, the Very Rev. Dr. John Dunlop and Father Oliver Crilly. We are all indebted to Dr. North and his colleagues for the energy, determination and thoroughness with which they have tackled their very difficult task.

The report is a long and closely argued document, with more than 40 recommendations. It proposes, as the foundation of its other recommendations, that seven fundamental principles should form the basis for the development of processes and procedures governing parades. I should say immediately that the Government accept those principles, which include both the protection of the right to peaceful free assembly and the need to ensure--preferably through local accommodation--that the exercise of that right takes proper account of foreseeable effects on relationships within the community.

The report emphasises the predominant importance of reaching local agreement on every contentious parade. It goes on to recommend that an independent commission should be established as a focus for promoting and facilitating mediation and the search for such local accommodation in respect of contentious marches. It also proposes that, in default of successful mediation, the commission would have legal powers to issue a determination in respect of a contentious parade, but with a power for the Chief Constable--if he is concerned about it--to refer such a determination to the Secretary of State. The Secretary of State would then decide the matter by endorsing, revising or reversing the determination, applying the same statutory criteria as the commission.

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Furthermore, it is proposed that a senior police officer could override a determination on the day of a parade if the police found that, as a result of the likely impact on public order, they were unable to uphold it. The report recommends that a new offence be created of deliberately contravening, through force of numbers or threat of disorder, a decision of the commission--for example, by seeking to block an authorised parade.

The report also recommends that the statutory criteria for making decisions on parades set out in the Public Order (Northern Ireland) Order 1987 should be enlarged to enable specific consideration to be given to the wider impact of contentious parades on relationships within the community. It also makes a wide range of further major recommendations, including, for example, the extension of the period of notice of a planned parade required to be given to the police from the current period of not fewer than seven days to not fewer than 21 days; and the preparation of a statutory code of conduct covering the behaviour of parade participants and protesters.

We recognise the report's description of the parades issue as a microcosm of the wider political problems of Northern Ireland, and as one that has the capacity to polarise the community and to engage levels of emotion and commitment that few other issues reach. Because of that, the Government have a responsibility to take the issues forward as far as possible on a basis of widespread agreement within the community so that whatever new arrangements are put in place may be recognised as fair and workable, and therefore acceptable. In that way, they stand the best chance of being effective and successful. As Dr. North and his colleagues say:

"our shared view"

is

"that the way to the complete resolution of the issue is through the community working together in search of mutual accommodation."

It is against this background that the Government have considered the proposals contained in the report.

The Government agree that an independent body could indeed play a constructive and valuable role in helping to resolve disputes concerning contentious parades. The Government believe that a new body of that kind could provide a valuable focus and a catalyst for mediation and conciliation efforts at local level. In respect of these non-adjudicatory functions, the Government endorse the report's recommendations, which they believe should be implemented without delay.

At the same time, the Government recognise that the proposal that an independent body should, as part of its duties, take over the RUC's decision-making power in respect of parades is a radical and far-reaching one. The report notes the wide range of views that it received on precisely that issue. Therefore, it would not, in our view, be right for Government--without further but time-limited consultation--to reach a decision on so fundamental a proposal.

It therefore expresses no opinion on it either way, but it will seek the views of interested groups on the report's proposal that the commission should have a decision-making role of this kind and, if so, on the way in which it might be exercised. That consultation will also encompass those of the North recommendations linked directly to the role of a commission, including those directed at the possible expansion of the statutory criteria, the publication of guidelines that the commission would

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take into account and the creation of a new criminal offence of setting out deliberately to contravene a legal determination.

This consultation will not duplicate the consultation already conducted by Dr. North and his colleagues, but will be a precisely focused and time-limited exercise to give public representatives and others who are directly concerned the opportunity to comment on an important matter of real concern to them and those whom they represent. The Government envisage that the period of consultation will last until the end of March. In any event, implementation of the recommendation, if that were to be the decision eventually reached, would require a statutory basis. While final decisions on the way forward on this issue may fall to the new Parliament, the Government, for their part, are clear that any such provision should be provided by primary legislation--by Bill rather than by Order in Council.

The Government therefore intend to establish, as soon as possible, an independent body of five people, to be known as the Parades Commission, with the mediation, conciliation and education roles recommended in the report. We intend that the new commission should be in place ahead of this year's marching season, precisely because we recognise that it has a valuable role to play, potentially, of that character, and could also have the capacity to act as a valuable and reassuring channel of communication with all interested parties, including the Chief Constable of the Royal Ulster Constabulary and the Secretary of State. Further details of its operation will be promulgated when the membership of the commission is announced. Legislation will not be required for this purpose.

Turning to the report's recommendations that are not directly linked to the role of a commission and do not therefore fall to be considered as part of the consultation exercise, the Government accept them all, subject to further consideration of how these might best be implemented in practice.

In particular, we agree that a code of conduct, covering parades, protests and open-air public meetings, should be prepared and published for consultation as soon as practicable. We agree that a registration scheme for bands should be introduced as soon as the necessary practical arrangements can be put in place.

We agree that the period of notice for parades should be extended from seven to 21 days, that the amendments that the report proposes to article 3 of the Public Order (Northern Ireland) Order 1987 should be implemented, and that consideration should be given to the changes suggested to articles 4(1)(b) and 7; and that appropriate provisions for the control of alcohol in respect of those travelling to both processions and open-air meetings in Northern Ireland should be introduced. We shall implement these changes as soon as practicable.

We agree that parade organisers should not be required to post bonds or provide proof of insurance cover, and that steps should not be taken to seek a contribution to policing costs from parade organisers or protesters.

The House will, I think, join me in thanking Dr. North and his colleagues for producing this report, which represents an extremely important contribution to our consideration of these difficult and complex matters.

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The events of last summer cast a pall of fear across Northern Ireland. As the report states, an abyss of anarchy opened up. All people of good will must surely demand that there be no repetition, but no mechanisms and no procedures can be enough on their own.

There needs to be within all who live in Northern Ireland the will and the personal determination that last year's terrible events shall never again occur. To that end, the Government pledge that they will play their own part to the full.

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