
High Court judge adjourns judicial review into Parades Commission decision to allow Orange Order march in Portadown
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The Drumcree dispute in the 1990s involved violent stand-offs over Orange Order marches on Garvaghy Road. The Parades Commission was established in 1998 to regulate such parades and mitigate tensions.
A judge hearing the legal challenge to the Parades Commission's decision to allow the Orange Order to march along the Garvaghy Road in Portadown has given the parties involved a final opportunity to "reach an agreement" and "step back from the abyss".
Judge Patricia Smyth said the issue the court is dealing with is of "fundamental importance" to the entire society in Northern Ireland.
She has adjourned the judicial review hearing for a short period to allow the Garvaghy Roads Residents Coaliton, the Orange Order and the Parades Commission to consider her plea.
The commission on Friday announced that the parade can proceed on Sunday, for the first time in almost 30 years, with restrictions in place.
The coalition has also applied to the Parades Commission for a protest to the walk on Sunday, listing the number of participants at 5,000. A decision is expected on Saturday, according to the commission.
Judge Smyth 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.
In a statement issued on Saturday afternoon, the leader of the Catholic Church in Ireland, Archbishop Eamon Martin, called for "prayers and support for a peaceful resolution to complex Garvaghy Road situation".
He said he shares the "sense of shock and disappointment of so many people at recent developments".
The archbishop added his thoughts were with those who this situation brings "back deeply traumatic and painful memories".
"I also appeal for support for the patient use of solely lawful and democratic processes to resolve this deeply complex and emotive situation."
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.
In the Parade Commission's determination, which was published on Friday afternoon, it said it had received "various written and oral submissions" from organisers, residents, police, political parties, church representatives and others.
"This decision is not, and should not be perceived, as a victory for one side or a loss for another," the determination also stated.
The Garvaghy Road Residents' Coalition lodged a judicial review after the commission gave the Orange Order permission to march on Garvaghy Road.
Speaking on his way into court, Breandán Mac Cionnaith, from the coalition, said they were going to court "to convince the law to see sense".
"We are here to seek justice for our community in Portadown."
On Friday, group said they were ''furious'' over the decision, adding that the community were "fearful about what will happen over the weekend".
Elected representatives from Sinn Féin and the Social Democratic Labour Party (SDLP) were among the crowd outside the court on Saturday morning.
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.
AI outlook — possibilities, not facts
Parades Commission to decide on protest application
Very likely · Within days

Judge Patricia Smyth adjourned the legal challenge to the Parades Commission's decision allowing the Orange Order to march on Garvaghy Road in Portadown, urging parties to reach an agreement and step back from the abyss. The march is now restricted to 35 participants and no later than 08:00 BST on Sunday, with no bands or supporters allowed. Residents, church leaders, and political figures expressed concern over potential tensions and memories of past violence linked to the Drumcree dispute.

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