SUMMARY
The government announced its intention to commission a review of the Parades Commission and the Public Processions (Northern Ireland) Act 1998 in August 2001 and appointed Sir George Quigley to carry this out. His report was issued for public consultation in November 2002.
More than two years have passed since the report was issued for consultation and the government has not yet issued a response. The delay has been particularly unfortunate because our inquiry has shown that steady progress has been made by the Parades Commission in difficult and highly contentious circumstances. Replacing it with new organisational arrangements, as suggested by Sir George Quigley, could entail considerable disruption and place at risk the progress towards a peaceful marching season. Wholly local and peaceful resolutions to local disputes must remain the ultimate goal. But, while third party intervention in such disputes continues to be needed, we believe that retaining the Parades Commission offers the best hope for developing peaceful resolutions.
However, in order to move forward, the Commission needs to improve its procedures in important respects, in particular to:
- make the objections to parades clearer and more accessible to organisers
- take forward its proposal to develop a "compliance and post mortem" procedure to provide parade organisers in good time with detailed feedback on the key issues brought to the Commission's attention during the marching season
- include in its determinations fuller explanations and greater detail about the potential impact of a parade on community relations and on human rights and public order
- review its involvement in mediation as a matter of urgency and strengthen its cadre of Authorised Officers
We consider that the recommendation in Sir George Quigley's report that responsibility for restrictions on parades imposed on public order grounds should revert to the police risks placing the police in an impossible position. We believe that it is essential to further progress in the resolution of disputes for the police to be seen unambiguously as occupying neutral ground and to remain completely apart from decisions about parades.
The confusion which emerged during the 2004 marching season about the status of parade followers resulted in serious disorder in the Ardoyne area of North Belfast. We recommend that the government's review of existing legislation ensures that there is sufficient clarity about followers in advance of next year's marching season.
We look forward to a time when arrangements for parading in Northern Ireland require no third party intervention to prevent violence and public disorder. We recognise that this is an aspiration which the Parades Commission shares.[1] However, that ideal position has yet to be reached. There is evidence that the work of the Parades Commission has improved the climate. However, more effort is required to reduce tension further, dispel the prospect of unrest and violence, and foster the conditions which will make third party intervention redundant. To build upon the progress already made, the Commission needs to drive forward its mediation work, improve the transparency of its operations, and redouble its efforts to secure the cooperation of the Orange Order. We welcome evidence from the Parades Commission that it is actively seeking ways to improve its operations, and look forward to examining the effect of these in due course.
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