Select Committee on Northern Ireland Affairs Minutes of Evidence


Examination of Witnesses (Questions 140 - 160)

WEDNESDAY 10 MARCH 2004

10 MARCH 2004  MR DAVID CAMPBELL AND MR DAVID MCNARRY MLA

  Q140  Chairman: Good afternoon, gentlemen. You will know as well as we do why the Committee is somewhat truncated and why your leading witness is not here. It is because by the roll of chance we have a debate on the Criminal Justice Bill and our Bill. David Trimble has said that he will come if he possibly can but it depends when he is called. Others, I am afraid, will come and go for the same reason. It is just part of the crazy way this House operates. Thank you for coming to help us over "The Parades Commission and Public Processions (Northern Ireland) Act 1998". We are trying to get as wide a range of views as we can. In the memorandum which you have sent us you noted that last summer was the most peaceful in the decade, and yet at the same time you are arguing that reform of the regulatory framework for parades is urgently needed. Do you think there is a link between the way the existing framework is working and peace on the streets?

  Mr McNarry: We made that submission in recognition of the peace because we felt it was worth doing so. We would be very clear in our own minds that the relative peace, and we would underscore the word "relative", of the summer had nothing whatsoever to do with the Parades Commission. It would be wrong of anyone to be feeling that the Commission contributes to it in any way. That is our clear understanding. What happened in the summer was a realisation, we understand, between those who previously would have been acting in a violent way and we are not so silly to believe that, whilst most of the good work that was done on the ground was done at a community level and at the interface level as well, particularly in Belfast but interfaces just do not apply to Belfast, had the Republican element in Northern Ireland wished or wanted violence on the streets, nothing would have stopped it. We also believe that it was part of their political agenda in terms of switching on or switching off. In this case they switched off the violence. I am sure that you would recognise that they are just as capable of switching it on. Therefore, because of last summer, we also look to this summer and hope that the relative peace that we had can and will be maintained.

  Q141  Chairman: Others have said that, after a difficult start, the Parades Commission is beginning to bed down a bit; relationships and trust are being established. Do you really believe that had nothing to do at all with things getting better as far as parades are concerned?

  Mr Campbell: As far as the Ulster Unionist Party is concerned, we very intensively worked with the Commission from the summer of 1999 through to Christmas of 2001, primarily on the Portadown/Garvaghy Road situation. It was as a result of that two and a half years of very intensive work that we reluctantly came to the conclusion that the Parades Commission as constituted was fundamentally flawed and primarily biased against the marching tradition in Northern Ireland. It was as a result of that that we lobbied Government successfully to put in place the Quigley Review. I would also say it was in part the maturing attitude being taken by Portadown District to the handling of the Drumcree/Garvaghy Road dispute that in many ways impressed upon the Prime Minister himself the need for a review mechanism to be put in place for the Parades Commission. The Quigley Review was in fact the second review. There had been an earlier review, which I think perhaps the predecessor to this Committee looked at and commented on. I would re-emphasise David's comments that the quiet summer this year was in many ways in spite of the Parades Commission, not as a result of its work. Certainly, as an observer to my colleagues in the party, knowing the work that they did on the ground, not least by some of your own Members from constituencies in Northern Ireland, it was very much a political and community effort on the ground in Northern Ireland last year that led to a quiet summer. Unfortunately, the early signs are that that may not take place this summer again.

  Q142  Chairman: You support the argument that Article 11 of the European Convention on Human Rights should be affirmed in the public processions legislation. Are there any other Articles which might equally be affirmed in that legislation with a view perhaps to improving the clarity?

  Mr McNarry: If we may, we would, particularly on the human rights issue, like to write to you on that, Chairman. It is an immense subject, which we in Northern Ireland, I must say, struggle with all the time. It seems that no matter where you are heading in law, there is a referral somewhere down the line to human rights. We are still investigating, because it is an ongoing situation, aspects of the Human Rights Charter. We have in our submission pointed out instances and occurrences in other countries, and we feel in many ways that they seem to have handled protests similar to those we have witnessed in Northern Ireland over legitimate parades reasonably well without the necessity for installing a Parades Commission, without the necessity of making bad law and giving it legislation to operate in the fashion that it does. It is a great subject in which we are finding new experts. Three years ago, when you contacted the Northern Ireland Law Society, you could only find one or two recommendations as to those who were practising what is known as human rights. We are now finding that there are more experts coming to the fore, and I am glad to say some good young lawyers, who are beginning to specialise in it. With your permission, we would like to detail that. We have sent quite a lengthy submission in about it but we take your point about other Articles, which we are currently investigating.

  Q143  Reverend Smyth: Quigley suggests that public order should be considered separately from questions about the right to parade and whether that right should be qualified. Is such a separation feasible in practice?

  Mr McNarry: It is feasible to the extent that, if you do not have this overseeing of a Parades Commission, you go back to where you used to be in terms of parades, setting aside the aspect, as we have said, that historically legitimate peaceful parades have been targeted by opponents for political necessity. It used to be—and there is a grey area over this—that the Chief Constable was a satisfactory mechanism to solve the disputes when the disputes arose. The grey area that still exists there is that we do not think there is sufficient truth coming from the Parades Commission in that there most certainly is a clear perception among parade organisers that the other stick the Parades Commission have to use against a parade is this threat: if we give a parade, it may be that the police will refuse it. We are finding again that there is a doubt over that, there is not the certainty which parade organisers have been led to believe. As you know, and it may be a turn of phrase, we believe that what has happened is that the Parades Commission, in the manner in which they have carried out their operation and handled determinations, have benefited if not created a rioters' charter in terms of parades, and that significantly there has been one-way traffic. I think that what we need to see is far more transparency from the police in terms of what their reports are. In practice, what happens is that if you are an organiser and you are before the Parades Commission, they will tell you what they believe the police are saying, but you are not allowed to see any reports whatsoever from the police. We think it would be useful if that came about.

  Q144  Reverend Smyth: You think therefore that it would be reasonable to ask that the police publish details of their reasoning when advising questions of public order?

  Mr McNarry: I think so very much. Most of the people we are dealing with respect law and order and have been brought up to do so. Therefore, one would assume that they have been brought up to accept the report of the police, having been able to see it.

  Q145  Reverend Smyth: May I deal with the right to parade? Should that right be qualified?

  Mr McNarry: I think there is a necessity to qualify it in terms of where we are in Northern Ireland now. Sometimes I become concerned about the words "qualified" and "explanation". I think more needs to be done, and certainly there has been tremendous work done, in trying to create more understanding for the objector. Where one could set aside—and it is very difficult—the circumstances in which they do not have political motivation for creating a disturbance or a dispute over a parade, I think more needs to be done in terms of the Loyal Orders in this case extending themselves and embracing the other culture, and to that extent you would create more understanding. There is still a long way to go on that because it is very difficult to approach that when you are really in a situation of taking sides or being put on a side. I know, and I think it is to their credit, that both the Orange Order and the Apprentice Boys have made approaches to do this and I think they have succeeded. There is still a long way to go, but I would certainly hope that they would keep on at that in terms of explaining and educating.

  Q146  Reverend Smyth: Does that require the right to parade to be qualified, and that is actually dealing with how people handle it, because in one sense public order would take over completely? Whatever rights people may have, public order and other governmental reasons in other countries can step aside even basic human rights. Is that right?

  Mr McNarry: I think you are right because I think in Northern Ireland terms no-one has challenged the right to parade in its truest sense. People have challenged and used the law and used the Parades Commission and used the legislation to dispute it and disrupt it. If we go down the road of actually re-establishing—which I think would be the correct term—the right to parade, I think we are just going to create terrible problems in society. If I may be given latitude to be a bit romantic, I remember as a young person going to watch Orange bands with my grandfather and his Catholic friends, and I remember that it was nothing other than a good day out. I also remember from country cousins, if you like, that when they went out to parade as Orangemen, their Catholic neighbours came and helped them on the farm to milk the cows, et cetera, because it is a full day. We have been taken away from that and there are people who would even deny that that sort of thing happened. I can assure you that it did and it still happens.

  Q147  Mark Tami: Looking long-term, and you have mentioned the Garvaghy Road already and the problems there, in your memorandum you seem to say that mediation, even the longer process put forward by Quigley, is unlikely really to produce solutions to these long-term issues. How do you see that these can be resolved and how do you really think accommodation can be found in these cases?

  Mr Campbell: I think in some cases it is probably impossible to find an accommodation and it is probably a pipedream to think that you can. The process we went through with the Garvaghy Road Residents Coalition was one in which the District did its best within the guidelines and within the policy of Grand Lodge to encourage as much engagement as possible with the residents. The residents, unfortunately, through their political manipulators, prevaricated at every opportunity. Our submission catalogues the efforts that were made over a period of two and a half to three years to give effect to the maximum amount of engagement that could be considered. The end result, which was the current process, conceded that the Portadown District would engage actively and face to face with the residents once a positive determination was given. At the end of the day, as David has said, when you are dealing with a protest that is politically motivated, it is difficult, in our view, ever to find an accommodation until the politics have been sorted out.

  Q148  Mark Tami: You do not see a role for mediation there to try to resolve these issues?

  Mr Campbell: We have acted as mediators and others have acted as mediators in this dispute and it still remains unresolved. Until a stick approach as well as a carrot approach is adopted, it never will be resolved. To give you an instance, since 1998, the Portadown District have submitted some 300 determinations seeking the conclusion of their parade. In every one of those determinations the rights of the residents have been upheld. Not once has effect been given to the rights of Portadown District. I think that has to go some way to showing the concern we have that you will never get any reciprocation from that type of residents' group as long as you have a structure and a Commission which is biased on its behalf.

  Q149  Mark Tami: Looking on the positive side, and I know perhaps that really has not come through, do you see the possibility, if you can reach some solution, of that being a longer term solution rather than just an annual event that you just keep returning to this matter? Obviously that is something that Quigley would like to see.

  Mr Campbell: Yes, one would hope so, and where we were finding favour with Quigley is, first of all, to go back to Martin Smyth's question, that although we accept there can be no absolute right, it was encouraging that Quigley was making a distinction between traditional church service parades and perhaps other parades which may be more political in nature. We would hope that, with some goodwill on both sides, an accommodation could be reached. If a different approach had been taken by the Parades Commission, we would contend the Garvaghy Road situation would have been sorted out at least three years ago.

  Mr McNarry: May I add this? Your document seems to be a bit more condensed than ours; we have had our submissions re-printed. Quoting from the submission and referring to a meeting hosted by a Government Minister, Adam Ingram, may I read: The meetings failed to secure from the Garvaghy Road Residents' Coalition an answer to this question: What was wrong with Orangemen leaving church on a particular Sunday and walking peacefully along the Garvaghy Road? In the end, those talks were called to an abrupt end with him refusing to give an answer to that question. The Garvaghy Road Residents' Coalition leader led a walk-out of his delegation, voicing loudly, "The meeting is over. We will never attend another meeting chaired by Brits". That is part of the problem in terms of the way you are dealt with in mediation and dialogue. May I add briefly that we have been very critical of the Parades Commission as to the manner in which they have seriously set aside mediation in terms of their own remit. They have generally formally come down heavy on adjudication. They have an obligation to act very carefully and to encourage mediation, and we find great fault with the Parades Commission because they have not done that and have failed to do so.

  Q150  Mr Bailey: Continuing on the same theme, you express reservations about Quigley's recommendation on engagement and the requirement on parties to go through mediation in good faith before proceeding to a determination. Can you just expand on that?

  Mr McNarry: Thanks to your Committee, you have brought the Quigley Report back into the public domain. We feared it was gathering dust on some shelf. It is like something that is topical at the moment, and that is the Truth Commission in our part of the United Kingdom, in that there is clearly a feeling abroad that it is very difficult for people to tell the truth. One of the concerns we have had with the system operated by the Parades Commission has been that they generally have believed only the protester or the disruptor but never the parade organiser. As David Campbell has been pointing out, in one instance in the Garvaghy Road, over 300 times that has happened and it happens quite regularly. Therefore, there is a shortcoming in it.

  Q151  Mr Bailey: What do you think could be done to encourage a genuine engagement between the parties prior to a parade?

  Mr McNarry: Again, it is a question of what is genuine and what is engagement. Since the Parades Commission was set up, we have found it very difficult to understand what they wish to interpret as meaningful and genuine engagement. They have as yet been unable to give a definition of what they consider proper engagement which would meet their criteria because they will actually encourage you into engagement on the basis of saying, "Through engagement the parade organiser should be able to make his case better and he could be rewarded with a parade". As yet, they have failed in the mediation role that they have but they have yet to give a definition. If you could produce a definition from the Parades Commission of what they mean by "meaningful engagement" which somebody could take as a blueprint and adhere to in order to establish that a parade would be allowed to proceed, then we would all be very grateful for that. In terms of what people want, it is very difficult, and I suppose obviously people are human as well. We have something in Northern Ireland called "thranness"—awkwardness. Take the Loyal Orders, if you belong to an institution which has a great tradition and a great history, you will find that there is an obstacle thrown in to stop what you have been doing for many years and what you want your family to take on from you and inherit as well. All of a sudden, there are no terms of engagement, there are no terms of mediation except that people come on to the road and stop you and provoke a riot, a stand-off and disruption. In many cases they do this in the terms that they are offended by this procession passing by their door. Very few parades in effect pass by anybody's door, particularly on the Garvaghy Road, which passes by maybe five or six doors. In saying that, the toleration factor is such that people cannot tolerate something that has been going on unhindered as a tradition without provocation and in a very peaceful manner. People cannot for as short a time as three minutes, or maybe a longer time of seven minutes, tolerate and respect that tradition when a parade passes their door once or twice a year. It is very difficult to establish mediation in the midst of confrontation. I would go back to what I said to the Reverent Martin Smyth, that of course there is room for greater education but with that comes respect for a culture. I have attempted, and I only speak personally, to hold meetings in public, against some people's wishes, with the leader of the Garvaghy Road Residents' Association. I felt threatened, I felt great hostility in the atmosphere, and I felt rather insulted when the tradition that I was trying to speak for was referred to as "nothing short of the Klu Klux Klan". I find that reprehensible, but indeed that is part of the propaganda that goes against the tradition we are talking about.

  Q152  Mr Clarke: Gentlemen, earlier on you mentioned transparency and both in your submission and today in talking of transparency you say that there needs to be greater transparency about the grounds on which a determination is made. Quigley also calls for more openness, wider transparency, and in fact he goes as far as to say the system should be entirely open as it is, for instance, in Scotland. Do you have any fears that that degree of transparency in determinations within a Northern Ireland context could lead to vulnerable individuals being put at greater risk?

  Q153  Mr McNarry: There is always that fear in Northern Ireland. Even going about your business, there is always the fear. We would welcome the openness and the transparency because we believe it would deal with the secrecy in the decisions that the Parades Commission arrives at. Whilst they issue a determination and whilst they go to great lengths to tell you how they arrived at it, without wanting to repeat ourselves, on the Garvaghy Road situation they have issued the same determination for five years repeatedly once a week. What they are admitting to is that nothing has changed in five years, whereas situations and circumstances have changed. Transparency is very important in terms of—

  Q154  Chairman: Over the Garvaghy Road dispute what has changed?

  Mr McNarry: The residents are no longer on the street blocking the parade. The residents are not, in the manner in which they previously tended to do, creating and looking for support in other areas of Northern Ireland in support for their particular cause. Portadown itself is a quieter place. The District Orange Lodge goes to church every Sunday and processes down to a roadblock with one policeman now. The Orangemen do not break the law. They ask the policeman for permission to proceed. That one policeman says, "No, you cannot because the Parades Commission says you cannot"; there is a small service held there and they walk back. The difference is, Chairman, that only 12 months ago there would have been probably 15 Land Rovers in the background and probably 20 or 30 policemen there. The marked difference to everything, and where the change has not taken place, is that at the traditional service at the parish church in Drumcree to commemorate the Battle of the Somme we all know that basically what we have are massed barricades manned by Her Majesty's Security Forces and the police. To have such a thing in the United Kingdom is a disgrace. There is no need for it. If a band of men can walk down last Sunday and next Sunday and be greeted by one policeman, then the whole thing is hyped up for this particular time of the year, for 7 July, by the Republicans. They are still manipulating the residents. But things have improved to that extent in that we do not have the weekly occurrences of trouble.

  Q155  Mr Clarke: Just returning to the vulnerability of individuals, would you be satisfied with a determination that was not made transparent on the basis that there was a belief that individuals would be made more vulnerable by its publication?

  Mr McNarry: I would believe that a parade organiser, if he was made aware of that, in normal circumstances would be able to accept it, but provided that it did not become just another weapon of deceit—there is always that concern—and provided it did not become something that you could hid behind. There is always a great concern. There is always the possibility of vulnerability but the parade organiser is vulnerable from the day that he organises because by law his name has to be submitted. His name is fully known to everybody. Bear in mind that this is a cycle. If there is a parade tomorrow that is a traditional annual parade, the next day that parade organiser on behalf of the organisation would be putting in a notice for the following year in his name. There is that vulnerability. The objector does not have to do the same. The objector does not have to submit anything in his or her name until close to the time that a parade is to take place.

  Q156  Mr Clarke: Could I move on to another aspect of your submission when you talk about those offering evidence to the determinations panel should be vetted on the relevance of their evidence. This suggests a further step whereby somebody will have to pass judgment on the relevance of evidence that is submitted before the determinations panel. Could you talk us through how this would work in terms of who would be responsible for vetting the relevance of evidence? Does that mean we just have another panel that needs to be set up before evidence can be presented to the determinations panel in the first place?

  Mr McNarry: I hope you are not majoring on that point because it is something that we were dealing with in terms of trying to have a perfect solution. We would go back to our preference, and in fact what we put in our submission is that you replace this commission with a tribunal-based process. Through the tribunal-based process, it seemed that there would be an element of vetting, as you would have in most tribunals. We wanted to emphasise through the tribunal aspect that what we were wanting to do was to embody a rights-based approach through that. That seemed a key element for us because we believed that that would negate this current system that we have, which encourages last-minute applications and lobbies by objectors seeking re-determinations or overturns of decisions. What we are trying to get through is that in our opinion there is no substantial or careful vetting at this last minute, which is normally politically driven. There is no vetting of that at all in terms that people are putting at the last minute what they believe. We see their objections taking another turn. The clear knowledge, from the experience of it, is that, irrespective of what the Parades Commission says, if they give a parade, there will be a protest. If they turn one around and then reverse that, there will be a protest. Basically there is a vehicle being used all the time that invariably falls back on to the street. What we wanted to do with the vetting process was to try to ensure that nobody could just come along here and say, as they do to the Parades Commission, "We object", that there needed to be more vetting of who they were, what they were, and what they were putting forward. Invariably all it needs is a knock on the door of the Parades Commission and, "I object". It is as easy as that.

  Q157  Mr Clarke: Finally, we started talking about transparency in terms of having a process that is very open but if we have a vetting procedure which decides which evidence should be put forward and which should not, then, by its very nature, the transparency is less. I wondered if there would be more happiness if the determinations panel considered all the evidence so that none was vetted but the relevance of the evidence was weighted by the determinations panel, rather than vetted, in terms of what should be public.

  Mr Campbell: Weighting may be a better terminology than vetting. I think that is a point well made.

  Mr McNarry: We wanted to simplify it.

  Q158  Mr McGrady: Gentlemen, in response to the Chairman's first question, you made a very determined distinction between the more peaceful environment which you had in Northern Ireland and the work of the Parades Commission. In fact, you stated categorically that there was no connection between the ensuing of peace and the work of the Parades Commission in terms of parades. In fact, you went on to say that the peaceful summer that we have just had was in spite of the Parades Commission. Could you elaborate on the evidence of that?

  Mr McNarry: Our belief is that it appears to us too often that the determinations, and sometimes one would use the words "determinations of the Parades Commission in making their determinations", have contributed to violence on the streets of Belfast and on the streets of towns and villages. Again, we find them culpable in their failure in that they have not embarked on anything other than making their rulings and their approach to their rulings always adversarial and always on the basis of adjudication. They have not involved themselves in mediation. There is clear evidence that the Parades Commission itself has not been involved in mediation. They have rather chosen to get other people involved in it, such as Brian Curran from South Africa, and local people as well. There has been no real product from that. In spite what they were doing, because they had not greatly changed their minds from any previous years, those parades in many instances passed by relatively peacefully. A number of the parades, particularly in Belfast, were still subjected to violence. Violence comes about in different ways in that there is also the threat of the violence. Where you have an incident that may have been created at  the start of a procession or a parade, say at 10 o'clock in the morning, that is fuelled right through that day and probably for the next few days.  I have nothing to commend the Parades Commission for in terms of last summer. I have nothing that I could say leads me to believe that anything that they did contributed to that, but I do go back to what I said. Orange parades themselves do not cause violence. Orange parades are attacked and the attackers decided last summer as much as anybody else that they would not attack. The plea of most people this year is: if you could turn it off last summer, then why can you not do it this summer and for future summers? I can see you are ready to question me on what I have just said but may I defend what I said? I do not believe that Orange parades or Loyal Order parades cause violence in Northern Ireland. They are attacked because of the culture that they stand for.

  Q159  Mr McGrady: The tenor of the weight of your evidence was mainly concerned about the Garvaghy Road and you say there were 300 applications last year out of a possible 3,300. In many of those determinations of the other 3,000 the Parades Commission endorsed the right to parade against the wishes of the local community. That is the first point, for which you do not appear to be giving any credit. Secondly, are you seriously saying that an Orange parade or a parade with an Orange participation has never attacked a community, because I have seen it? I have seen it on several occasions in my own time. That is not a true reflection of the facts, I am afraid.

  Mr McNarry: With the greatest respect, I can only disagree with you. I have nothing to comment on your experiences.

  Q160  Mr McGrady: That is not just my view but the view throughout many other communities. However, I will give you an easier wind-up question perhaps. The Quigley Report does make a number of minor or lesser recommendations concerning the importance of the enforcement of conditions relating to parades and, allied to that, the necessity for communication—he calls it—between parade organisers, police and monitors or surveyors, whatever you call them. Have you any further or additional comments to make on those add-ons, if you like, to the central themes which we have been discussing?

  Mr McNarry: I do not want the Committee to lose the sense of what we are talking about when we talk about the Parades Commission and the Public Processions Act (Northern Ireland) 1998. There is tremendous emotion in what we are bringing to you through our experiences, and those experiences have been documented. They were real experiences David and I have lived through those experiences. Our approach to things that we find in living those experiences was entirely on the basis that parades of any nature would pass by peacefully in Northern Ireland, that people would not resort to violence in any form to stop those parades from happening, that they would not attack the culture and they would not disrespect the men and women who participated in them. The most difficult thing for people associated with Unionism, because it is a broad spectrum of Unionism that participates either as a walker or as a viewer in the parades, and a side issue, is that most of us I think would share that that parade on 12 July could attract much needed revenue for Northern Ireland as something that people from the whole world would come to see and enjoy as a tourist attraction similar to attractions in other countries. It is a very vivid, colourful spectacle, and particularly when the Orange family, which is worldwide, comes together with representatives from the other countries in that family, it is spectacular and it is wonderful. I would not want anybody to think that in criticising the Parades Commission we do that for any other reason than that we strongly and firmly believe that they have not solved the problem; they have added to it and they have contributed to it. We want to change that and we want to help them. We have put out ideas. We believe that Sir George Quigley has taken the general view, and certainly our view, that the Parades Commission can no longer stay in business. What we have to do is find out how we replace it, if it is necessary to replace it, which is another question.

  Mr Campbell: On the specific point on enforcement, I think all reasonable people appreciate that reasonable enforcements should be supported. For example, there should not be the taking of alcohol associated with parades; there should not be the display of paramilitary illegal emblems; there should not be the playing of insensitive or party tunes. I think the Loyal Orders as a whole are subscribing to that type of enforcement within the voluntary charters they have established with bands and parading bodies. In terms of that specific issue, I think we would support the thrust of those recommendations.

  Chairman: Gentlemen, thank you very much indeed. It is has been helpful, although not entirely without controversy. Thank you for coming to us.





 
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