Legal challenge to halting of Drumcree Orange parade adjourned

An emergency sitting of the High Court in Belfast was convened on Saturday afternoon following the intervention by Sir Chris to ban the contentious march route following an almost two-week stand-off.

Sir Chris told the Press Association on Friday night it had not been possible to find accommodation between the Orange Order and nationalist residents of the Garvaghy Road in Portadown.

On Saturday Lady Justice Denise McBride said she appreciated it is an important case, and while she believes it has urgency, it was “not an emergency”.

She also noted that significant material was outstanding in the case, and urged the parties to continue working across the rest of the weekend.

The Court of Appeal is set to deliver a judgment on a separate legal challenge by Garvaghy Road residents against a decision by the Parades Commission to allow an Orange parade along the road for the first time in almost 30 years.

The Orange Order’s legal representatives have applied for an emergency judicial review against the decision.

Speaking after the hearing, loyalist activist Jamie Bryson said they welcome that the urgency of the matter had been accepted.

“Very importantly Lady Justice McBride made clear that if the court on Monday, or Tuesday or Wednesday next week quashes the Secretary of State’s decision the legal determination comes back to life, and the Portadown District will be back on that hill ready to walk the Garvaghy Road,” he said.

“Portadown District fought this as a legal question. The fight goes on and they’ll be back in this building for two cases on Monday, one in the High Court, one in the Court of Appeal and they will use every lawful means possible to defeat the mob.

“This is a question between the law and the mob, and the Portadown District are on the side of the law, they have a legal right and they go to have that restored.”

Sir Chris had been under growing pressure to act after a stand-off between the two sides which remained resolute in their positions.

Speaking to the BBC on Saturday he said two options had been discussed.

He said one proposed compromise would have allowed the Orangemen to complete one final march along the Garvaghy Road, on the condition it would not apply to march the route again.

The other option would have seen the group accept that it had won the right to march, but agree not to exercise that right.

Sir Chris said he believed an agreement had been close, but talks between the lodge and residents ultimately failed.

There were cheers and applause among the Garvaghy Road residents who had gathered at Drumcree Community Centre on Friday night, however, further legal action on behalf of the Orange Order is expected.

Politically, Sinn Féin and the SDLP welcomed the intervention, but DUP leader Gavin Robinson said he now needs to “explain what his Government intends to do to restore confidence in the rule of law”.

Irish Premier Micheál Martin said the decision will come as a “significant relief” to the community on the Garvaghy Road.

The Parades Commission ruled two weeks ago that the march could pass along the road in Co Armagh with restrictions in place.

But the parade, from Drumcree Church into Portadown, did not happen because of a large protest on the route.

Earlier on Friday, Police Service of Northern Ireland (PSNI) Chief Constable Jon Boutcher had asked the Northern Ireland Secretary to review the determination.

Announcing his decision on Friday, Sir Chris described a “major stand-off” and a “difficult situation in Drumcree and Portadown”.

He said he had been trying to find a solution, including through talks with both the Garvaghy Road residents and the Orange Order, but said they had not been able to do that.

“Earlier today, the chief constable of the PSNI got in touch with me and asked me to look at the original determination by the Parades Commission to see whether it should still stand, and I’ve looked at the changing situation in Portadown, the fact that it’s very difficult for that procession to proceed, and I’ve decided that it’s not in the public interest for it to proceed, and I’ve therefore banned the procession,” he said.

Sir Chris added he had not taken the decision lightly.

“I heard the concerns of people on all sides and I only regret that we could not reach a compromise on a way forward and that many residents across Portadown have felt anxious and worried,” he said.

“With this in mind, I call for all protests, rallies and demonstrations to be stood down. There is no excuse for a continued ratcheting up of tensions.”

Overnight the Orange Order issued a statement to say it is seeking urgent meetings with Sir Chris and Mr Boutcher in the coming days.

They expressed “profound disappointment” at the decision of the Secretary of State to “overrule the legally established rights of Portadown District Orange Lodge No 1”.

They also claimed a “capitulation to the threat of mob rule and violence”.

“This unprecedented action, and the abdication of responsibility by the Chief Constable, can be seen as nothing more than a capitulation to the threat of mob rule and violence,” they said.

“In stark contrast, the Brethren of Portadown have complied with the rule of law, exercised restraint and maintained a dignified and resolute stand in the face of intimidation and intolerance.

“It is evident that those who, in defiance of the law, have been content to stand alongside the representatives of those who murdered 345 of our members, have no interest in extending any degree of tolerance or respect towards those who share an Orange heritage.

“Furthermore, it is evident that the statutory authorities have neither the will or ability to uphold the law in this instance.

“We commend the Brethren of Portadown for their resolute stand and reinforce their message that this is a time for responsibility and lawfulness.

“We cannot undermine our cause by adopting the illegal and offensive actions of our opponents.

“Urgent meetings with both the Secretary of State and Chief Constable will be sought in the coming days where their decision making and actions in this matter will be robustly challenged.”

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