| Previous Section | Index | Home Page |
Mr. Thompson: Will the Minister confirm that the law breaking and intimidation must result from the parade itself before it can be re-routed or banned by the police?
Mr. Ingram: Of course, there are many aspects of the legislation that are brought into play in making a
determination. The hon. Gentleman commented on the role, function and powers of the Chief Constable. He makes his judgments, based on the law that he has to operate. That is the basis on which decisions are taken, and taken often with the co-operation and accommodation of those seeking to march and parade.
My point was that the scenes we witnessed last year, particularly around the Drumcree events in July, were the deliberate work of people wishing to cause disruption. I am sure that all hon. Members agree that there can be no excuse for such violent behaviour, then or at any time, no matter from which source it comes. The sad fact is that the Royal Ulster Constabulary is all too often caught in the middle. All of us, whether Members of Parliament or people who participate in community life in Northern Ireland, must do all we can to support the RUC and others who act in support of it.
Hon. Members know that public order legislation in Northern Ireland provides for a number of offences for those involved in confrontations such as those we witnessed last year. They include specific offences of, for example, provocative conduct and obstructing a lawful parade, as well as the offence of disorderly conduct. It is, of course, a matter for the police and the Director of Public Prosecutions to come to decisions on prosecutions.
I hope that the hon. Members for Belfast, South,for Upper Bann, and for West Tyrone accept the Government's assurances that the police are determined to keep the peace and see the rule of law prevail. Those engaged in violent protest should expect to face the full rigour of the law. That is the overriding objective of the Government.
Under existing legislation, the RUC is not empowered to make decisions on whether to allow parades to take place. However, legislation does allow the RUC to place conditions on a parade and to order its re-routing if, on grounds of public order implications, it is considered necessary. Experience has shown that the RUC makes every effort to exercise its best judgment in dealing with contentious parades. Every year, there are many hundreds of parades of all types, the vast majority of which pass off peacefully.
In the short time that I have had ministerial responsibility for this matter, I have been encouraged to note that, of almost 900 parades this year, only one has been classified by the RUC as disorderly. The Government welcome the co-operation given by parade organisers to the RUC when some parades have had to be re-routed. Such co-operation can be seen only as a positive sign for the future.
The ultimate sanction of banning a parade rests with the Secretary of State, and that would be exercised only when all attempts at accommodation and resolution have failed. That said, the serious disturbances surrounding contentious parades in Northern Ireland over the past two years led the last Government to appoint an independent review team, headed by Dr. Peter North, to examine the whole question of parades and associated public order issues.
The North report brought a welcome degree of fresh thinking to this contentious area. It recognised that a more structured and broadly based system was needed to encourage the local accommodation of difficulties on parades. It clearly acknowledged that the right of free association is fundamental in a free society, but it recognised also that that right is not absolute.
The report suggested that an approach based on compromise, mutual respect and recognition of the rights, viewpoints and sensitivities of others offers the best way forward where disputes occur. The review team consulted widely, taking careful account of the rights of both sides, and maintaining as a central consideration the need to avoid providing any incentive for those involved to provoke or threaten disorder.
The hon. Member for Upper Bann suggested that the current public order legislation provides an incentive to disorder. The North report recognised that danger. Its recommendations seek to tackle it, giving the Parades Commission the power to take account not only of the wider impact of a parade on relationships within the community but of the past behaviour of both sides--marchers and protesters--in reaching its final decision. The aim is that those who seek to use force to get their way will be penalised, not rewarded, for their actions.
Several of the report's recommendations have already been put in place. The Parades Commission was established in March under the chairmanship of Mr. Alistair Graham, and is pursuing vigorously its current remit of mediation, conciliation and education. In addition, the passage of the Public Order (Amendment) (Northern Ireland) Order has extended the required notification period for a parade to 21 days and imposed new controls on the consumption of alcohol by those associated with such parades.
The Government are committed to implementing the remaining recommendations of the North report as soon as possible. Hon. Members will be aware that it was announced in the Queen's Speech that the Government will introduce a Bill in the autumn to do this. The Government intend to have the legislation, and the systems and structures that flow from it, in place in good time for next year's marching season.
That will place the Parades Commission on a statutory footing and give it a range of specific functions. Among those will be a duty to promote greater understanding by the general public of issues concerning public processions, and to promote and facilitate mediation as a means of resolving disputes.
Where mediation has not led to a local accommodation, the Parades Commission will be able to make determinations on particular parades, having taken into account all the relevant factors. As recommended by the North report, the Secretary of State will be able, if asked to do so by the Chief Constable, to review any determination by the commission. Moreover--this goes to the heart of some of the points raised by hon. Members--on the day, the police will retain their common law powers to take whatever steps are necessary to prevent public disorder.
The Government are keenly aware of the fears and sensitivities that those issues arouse on all sides. We are therefore determined, in taking forward legislation to provide new powers for the Parades Commission and the new framework for handling parades, to recognise some of the concerns that have been expressed this evening.
That is why we are proceeding by way of primary legislation, rather than by Order in Council. In the previous debate, concern was expressed about how some legislation has been dealt with through Order in Council.
That will not apply to this legislation. That will enable our proposals to be subject to the fullest possible scrutiny by Parliament.
Mr. Thompson:
The Minister said that the police would retain their "common law powers". Will they also retain their statutory powers?
Mr. Ingram:
I was very specific in what I said. We shall have a full debate when the legislation goes through the procedures of the House. Now that the hon. Gentleman has found his voice and his capacity to intervene in Ministers' contributions to debates, I am sure that he will intervene regularly in my contributions on that subject. I look forward to dealing with him on the detail of that legislation.
In addition to the points that I was making, when the legislation is introduced later this year, it will take full account of the experience of this year's marching season. Importantly, the views of all those involved will be listened to in order to achieve any possible enhancements to the measures that we propose. The Government will be genuinely open to serious proposals on the structure of the legislation, such as to enhance the chances of local accommodation and the workability of the new arrangements. I am sure that hon. Members will make their views known at the appropriate time, when the matter is considered by the House.
The Government recognise that no commission can, of itself, resolve this contentious issue. What is required is a willingness on each side to appreciate where the other side is coming from. All of us in government--indeed, throughout the wider community--must work hard to encourage and facilitate a greater dialogue between both sides of the argument over a parade or demonstration. It is only by sitting down and talking to one another, through intermediaries if necessary, that each side will be able to understand the fears and sensitivities of the other. What is required is understanding and accommodation.
| Next Section
| Index | Home Page |