Belfast High Court Halts Drumcree Parade Amid Legal Challenge

Belfast High Court has issued a temporary injunction stopping Sunday's Drumcree parade.

On Friday the Parades Commission announced that the parade could proceed on Sunday, for the first time in almost 30 years, with restrictions in place.

The Garvaghy Road Residents' Coalition, which mounted a legal challenge, also said it planned to protest with a 5,000 participants if the parade went ahead.

The development came after Portadown District Orange Lodge declined a request from Judge Patricia Smyth to postpone the parade along the Garvaghy Road.

A judge hearing the legal challenge to the Parades Commission's decision to allow the Orange Order march gave the parties involved a final opportunity to "reach an agreement" and "step back from the abyss".

Following an adjournment Judge Patricia Smyth requested that the lodge was contacted to find out whether it would be prepared to temporarily halt the parade to allow a full hearing to take place.

In response, the lodge submitted a two-page letter to the court and while the details were not read out, the judge indicated there was "no agreement" to delay the march.

Judge Smyth requested that lawyers for the individual Orangeman contact the rest of the lodge to seek their view.

The judge said the lodge should be informed of the issues the court is dealing with and asked whether they would agree not to proceed "for a matter of days" to allow for an informed judgment to be facilitated.

Adjourning the case for a third time on Saturday, Judge Smyth said "it is my view the issues at stake are so sensitive and so important, I would expect all of the lawyers to be creative and to use the law for the good of all the people in Northern Ireland."

Judge Patricia Smyth said the issue the court is dealing with is of "fundamental importance" to the entire society in Northern Ireland.

Earlier the judge highlighted that the information provided to the court from the PSNI has "promoted further enquiries" and "further time would be of benefit to the court."

"In my view it would be contrary to justice and unwise to proceed to make a decision in the absence of information in relation to the issues I have identified."

She said the important date for the Orange Order was July 5 and therefore there "is no prejudice in adjourning for a short period to allow this case to be prepared by all parties ."

The judge said she believed it would be to the disadvantage of the Orange Order and the Parades Commission for the case to proceed today in the absence of all the relevant information.

"I urge parties again to reach agreement for the sake of everyone in Northern Ireland."

"Be big enough to step back from the abyss."

Rather than start at 13:00 BST on Sunday as intended, the Parades Commission has said the march can depart no later than 08:00 and with 35 participants rather than the 60 the Orange Order requested. No bands or supporters are allowed.

On Saturday, a lawyer for the residents told the High Court it was unclear whether the Police Service of Northern Ireland's (PSNI) assessment referred to in the determination, was the "entirety" of what the police told the Parades Commission.

Their legal team has asked for the full PSNI assessment as well as past assessments in order to see whether there had been any changes.

Counsel for the residents said there had been a "significant change" in the Parades Commission's approach.

Before adjourning the proceedings, Judge Patricia Smyth told the parties involved she would like to hear from them on a way forward in the short amount of time that was available.

Fr Peter Clarke, from St John the Baptist, said he is concerned the march is "going to clash" with parishioners coming and going from the church.

Following Friday's determination, the priest said he emailed the commission to express his concerns and stated he "doesn't know how they came to" their conclusion, which is now "out of their hands".

Fr Clarke said he has "unhappy recollections" of the Drumcree dispute during the 1990s and "wouldn't like to see" a return to those days.

Parishioners at St Patrick's Church on William Street are also likely to be affected ahead of the 10:00 service, according to the priest.

He added "tensions are high" in the community, and said he will be addressing the situation during Sunday's service.

In a statement issued on Saturday, the Portadown District Orange Order branch said while they were "not happy" with further restrictions to their parade, they would "comply fully with the law and determination".

"We now ask our community to do likewise. We would appeal to everyone to conduct themselves responsibly and peacefully and not to do anything that could increase tensions within the community," District Master Nigel Dawson said.

Dawson added the lodge had followed the commissions determinations for 28 years and "all we ask now is that same respect" is shown by those affected by this decision.

However Sinn Féin President Mary-Lou McDonald said the decision to allow the parade was "utterly reckless" adding that it shows a "complete disregard" for the rights of the community of the Garvaghy road.

"This is a grave situation, recklessness of this scale of course has implications and consequences," she said.

She called for anyone that can intervene, including the prime minister and taoiseach, to "put this right".

The Parades Commission has been in the political spotlight since its previous Drumcree determination was quashed in the High Court in August.

A review of the commission has since been ordered by the Northern Ireland Office.

The Drumcree parade dispute began in the mid-1990s and it almost derailed the peace process at the time.

Violence related to the dispute resulted in riots, roadblocks and murders.

When the Orange Order was prevented by police from walking down the route in July 1995 there was a tense stand-off. It was the same for the next three years.

The Parades Commission began operating in 1998 to regulate parades and try to defuse tension around marches.

Its decision not to allow a march down the Garvaghy Road that summer has been challenged by the order over the past three decades.