Annex A
SIR GEORGE QUIGLEY'S PROPOSALS
The main features of the system: proposed by
Sir George Quigley are:
(a) Parade organisers would be required
to submit notice of all their proposed parades for the following
season no later than 1 October and, for parades falling before
1 April, no less than six months before the proposed date of the
parade. Objections would have to be registered within one month
of notification and copied to the organiser. Protest parades or
meetings would have to be notified within 14 days of the issue
of a determination.
(b) All notifications would be submitted
to the newly established Parades Facilitation Agency. This would
provide a professional facilitation function; prepare the necessary
guidelines, procedural rules and code of conduct; appoint monitors,
undertake an educational role, and report to Parliament and the
Assembly. The Agency would offer a mediative function, but parties
might make alternative arrangements, which the Agency would monitor.
If agreement was reached it would be documented and have the same
force as a determination. Otherwise, the Agency would report to
the Rights Panel on the extent to which the parties had acted
in good faith towards each other and in a manner designed to resolve
the issues involved.
(c) The Rights Panel would be the determining
body in respect of parades and protests. It would comprise a legally
qualified Chair appointed by the Lord Chancellor, and two other
members. Where it received a report from the Facilitation Agency
it would arrange a hearing. Based on Article 11 of the ECHR, the
legislation would affirm that everyone had the right to freedom
of peaceful assembly, defined to include peaceful procession and
peaceful protest. The Panel would consider whether restrictions
needed to be placed on the exercise of that right for the protection
of the rights and freedoms of others or for the protection of
public health or morals (again, drawing on Article 11), and issue
a determination.
(d) The Panel would be able to consider
the frequency of parades in any particular area and to make rulings
for periods of up to five years, at its discretion and subject
to review in any material change of circumstances. Determinations
would make clear the conclusion reached on each of the guideline
factors in light of the evidence from organisers, objectors and
any other interested parties.
(e) It would then be for the police to determine
whether any restriction needed to be placed on the right to freedom
of peaceful assembly in the interests of national security or
for the prevention of disorder or crime.
(f) The Panel would have a Compliance Branch
to monitor adherence to determinations. Where breaches occurred,
these would be promptly brought to the attention of the organiser
and investigated. The Panel would produce an annual report, and
be able to contribute to the costs of parties taking cases that
raised points of general importance in regard to clarifying the
application of Human Rights law to parades or protests.
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