House of Commons - Northern Ireland Affairs

Select Committee on Northern Ireland Affairs Second Report

2 THE PUBLIC PROCESSIONS (NORTHERN IRELAND) ACT 1998 AND THE PARADES COMMISSION

The North review and the Public Processions (Northern Ireland) Act 1998

5. A review to examine "the current arrangements for handling public processions and open-air public meetings and associated public order issues in Northern Ireland" conducted by Dr Peter North,[4] was established by the government in August 1996 following the serious public disorder and violence which had occurred in the previous month over parades at Drumcree in Portadown and the Ormeau Road in Belfast.[5]

6. Dr North's report concluded that there was a need for a new legislative framework to accommodate the competing rights of those seeking to parade and of objectors. He identified flaws in the Public Order (Northern Ireland) Order 1987, including its failure to recognise the right of peaceful assembly and the rights of those living in areas through which parades pass. Importantly, he expressed concern about the dual role performed by the police in making and then enforcing decisions about parades.

7. The report recommended that an independent body - a Parades Commission - should be set up to make decisions about parades and encourage parties to settle their difficulties locally. Where that proved impossible, the Commission would make a determination as to whether conditions should be imposed on a parade. The report made clear that the parades issue would not be resolved by the creation of new legal structures and processes alone but by communities working together in search of mutual accommodation.[6]

8. The North recommendations were implemented in the Public Processions (Northern Ireland) Act 1998 which came into force in February 1998 and established the Parades Commission. Two fundamental aims of the 1998 Act were to encourage parties to a dispute to reach a local, voluntary accommodation, creating the conditions in which there was no need for the Parades Commission to make a determination, and to "find a better way of dealing with contentious parades".[7]

9. The Commission believes that the 1998 arrangements have worked well but that these could be more effective "with positive cooperation from parade organisers",[8] particularly the Orange Order. The Orange Order has refused to engage with the Commission because of its view that parading should proceed without formal regulation.

The Parades Commission

10. The 1998 Act defines the Parades Commission's functions as to:

promote greater understanding by the general public of issues concerning public processions

promote and facilitate mediation as a means of resolving disputes concerning public processions

keep itself informed as to the conduct of public processions and protest meetings, and

keep under review, and make recommendations as it thinks fit to the Secretary of State concerning, the operation of this Act [9]

and provides it with a number of powers to:

facilitate mediation between parties to a dispute
take appropriate steps to resolve such disputes, and
issue determinations in respect of particular proposed parades.[10]

11. The Commission consists of a chairman and not more than six other members who are appointed by the Secretary of State.[11] The current Chairman, Sir Anthony Holland, and six members were reappointed with effect from 1 January 2004 for a period of two years.[12] The Commission is funded by a grant-in-aid from the Northern Ireland Office[13] and has an annual budget of around £1 million and an administrative secretariat of 12.

12. The Commission has a duty to issue a Code of Conduct providing guidance to and regulating the conduct of people organising a parade or protest meeting.[14] It is also required to issue procedural rules for regulating and prescribing practices to be followed when conducting its mediation and determination functions and guidelines governing its powers to impose conditions on parades.[15]

NOTICE OF PARADES AND PROTEST MEETINGS

13. Those organising a parade are required to give notice to a police officer[16] at the police station nearest to the proposed starting place of the parade, normally not less than 28 days before the date of the parade.[17] This is done by completing the prescribed Form 11/1.[18] The police are required to notify the Parades Commission of the proposed parade by completing prescribed Form 11/9 providing details about it including any relevant history.

14. A person organising a related protest meeting with the intention of demonstrating opposition to a parade is required to give notice in an identical way normally no later than 14 days before the meeting.[19] Notice must be given in the prescribed Form 11/3, and the police must send a copy to the Commission.[20] However, the Commission has no powers in relation to protest meetings, which remain a matter for the police under the Public Order (Northern Ireland) Order 1987. The police have power to impose conditions on any protest meeting where they consider that the meeting may lead to serious public disorder, serious damage to property or serious disruption to the life of the community.[21]

THE COMMISSION'S DECISION-MAKING PROCESS

15. Once the Commission receives notice of a parade, it decides on the basis of the information provided on Form 11/1 and any other information at its disposal, whether the parade is likely to be contentious. If this is so, the Commission will encourage the relevant parties to reach a mutually acceptable local accommodation. The Commission can at this stage promote and facilitate mediation between the parties to a dispute, although mediation may have begun even before the Commission receives formal notice of a parade. Successful local accommodation means that the Commission has no further role.

16. Where a local accommodation is not reached, the Commission will consider whether to issue a determination imposing conditions on the organisers or participants.[22] The Commission has power to amend or revoke that determination. When considering whether to make, revoke or amend a determination, or to impose conditions, the Commission must have regard to its published guidelines[23] which are themselves required to have regard to:

any public disorder or damage to property which may result from the proposed parade
any disruption to the life of the community which the parade may cause
any impact which the procession may have on relationships within the community
any failure of a person to comply with the Code of Conduct, and
the desirability of allowing a parade customarily held along a particular route to be so held .[24]

17. The Commission seeks advice from the Chief Constable of the Police Service of Northern Ireland (PSNI) when considering the potential for public disorder or any damage to property which is considered before a determination is made. Sir Anthony Holland told us that the Commission may accept or reject that advice in part or entirely.[25]

18. The Secretary of State is able, on application by the Chief Constable of the PSNI, to review a determination by the Commission.[26] On review, the Secretary of State can revoke, amend or confirm the determination. Sir Anthony Holland told us that while the PSNI have threatened to apply for a review of a Parades Commission determination, they have not actually done so.[27]