THE NORTHERN IRELAND OFFICE REVIEW OF
THE PARADES COMMISSION
INTRODUCTION
This paper provides guidance on the remit and
recommendations of the NIO's recent review of the arrangements
for handling contentious parades by the Parades Commission for
Northern Ireland.
PARADES REVIEW
2. The review of the Parades Commission
was announced by Dr Mowlam on 8 October 1999. Its remit was:
"Within the existing framework of law and
structures, and taking account of views received from interested
parties and the experience of the marching seasons over the last
two years, to consider:
— possible ways of achieving even
greater acceptance of the approach to handling contentious parades;
and, in particular;
— the arrangements for mediation".
3. This was an internal review, conducted
by officials of the NIO who, as required by their terms of reference,
reported to the Secretary of State. The review's recommendations
were published in the Secretary of State's statement of 16 February.
No formal report was issued.
4. The review concluded that:
— the Commission had achieved many
of its objectives in encouraging local agreement wherever possible.
This had contributed greatly to the improved atmosphere in the
past two marching seasons. But the Commission itself wanted to
do even better;
— the Commission could do more to heighten
awareness of mediation, including its own network of local "authorised
officers". It could also provide a guide on all forms of
third party intervention in parades issues, including a list of
those willing to help;
— the Commission might also seek to
expand its public visibility and understanding of its roles through
more media activity, better exploitation of the internet and a
CD-ROM pack for schools;
— acceptance of the Commission's determinations
could be further improved if the reasoning behind them were set
out in more detail in published determinations;
— the Commission has placed increasing
weight on the importance of "engagement" by both sides
when making decisions on contested parades. It might consider
using its next annual report to give further guidance on how it
will assess engagement in practice; and
— all sides in the debate have emphasised
the underlying rights at stake. The Government would assist in
clarifying these by bringing forward the implementation of the
Human Rights Act in respect of decisions on contested parades.
This would enable either side to rely on any of their Convention
rights when challenging in court decisions by the Commission or
Secretary of State under the Public Processions Act. The aim would
be to ensure implementation in this area in time for this year's
marching season.
CURRENT POSITION
5. On receipt of the review's findings,
the Secretary of State engaged in further consultation. The Human
Rights Act already applied to devolved matters, as in Scotland
and Wales. It will apply to reserved and excepted matters from
2 October. A number of bodies expressed reservations about the
human rights recommendation, and the Secretary of State is considering
the proposals in the light of the consultation exercise and will
make a further announcement shortly.
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