Supplementary Memorandum submitted by
the General Committee of the Apprentice Boys of Derry
The attached legal note has been at the foundation
of our on-going concern relating to the Parades Commission. Specifically
we have been deeply troubled at the fact that while we have encouraged
members to engage with the Parades Commission, the experience
of the encounter has been one of an unfair and unjust summary
hearing. In particular we are concerned that the reluctance of
the Parades Commission to convey the content or nature of what
has been purported to be evidence that would be considered detrimental
to the fundamental freedoms of our members in the peaceful and
lawful expression of their culture.
The Parades Commission and the Northern Ireland
Office has led a review of the parades rules' of procedure with
respect to the Commission, each within the space of a few months
of the other. Neither has resulted in this fundamental point in
law being addressed, this injustice, which should have been addressed
with or without the Human Rights Act. Nor has any indication been
shown that it might be at any time in the near future. We therefore
have forwarded this legal note for the attention of the Select
Committee in the expectation that it might be given the due attention
that it demands.
The Parades Commission has used Rule 3.3 to
shroud the workings of the Commission in a veil of secrecy. This
must end. It seems incredible to the Apprentice Boys of Derry
that our members may sometimes read what is said behind closed
doors in the local newspapers and media, with selected sound-bites
released by politicians for the purposes of appropriate political
posturing. Yet the so-called evidence presented to the Parades
Commission is not available for examination or reply by our members.
Our membership is asked to defend its rights, without knowing
what evidence is presented that is so fundamental that those rights
should be denied. We cannot believe that such an unjust procedure
was ever intended by Parliament.
What has most shocked us is that the Chairman
of the Parades Commission sought a stay in the implementation
of the Human Rights Act with reference to the Parades Commission
as proposed by the Secretary of State in February (stated in evidence
to the House of Commons Select Committee on Northern Ireland 3
May 2000[6]).
We wholeheartedly support our members' freedom
to parade in their local areas, understanding their rights and
responsibilities under law. It is equally important that the Parades
Commission, should act justly and fairly. Most importantly of
all, where what amounts to evidence is presented to the Parades
Commission, our members should be made aware of that evidence
and be able to challenge it openly.
Secrecy breeds mistrust. In a society where
we have been promised human rights, inclusion, and open, transparent,
and accountable government, the current rules and practice of
the Parades Commission are clearly unlawful and incompatible with
this aspiration. We would be delighted to have the opportunity
to present our views on this and on our submissions, at your convenience.
6 Q32. Back
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