Legal bid to overturn Drumcree march ban fails
Judicial review brought by a Portadown Orangeman against the government and police fails.
Quick Look
The High Court in Belfast has ruled that Northern Ireland Secretary Sir Chris Bryant's decision to ban the Drumcree parade was lawful, following a judicial review brought by a Portadown Orangeman.
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Why It Matters
The Drumcree dispute involves long-standing tensions between Orangemen and nationalist residents over a parade route in Portadown, dating back to the mid-1990s.
An attempt to overturn the Northern Ireland secretary's decision to ban the Drumcree parade has failed.
The High Court in Belfast has ruled that Sir Chris Bryant's decision made on 9 October was lawful.
The judicial review was brought by a Portadown Orangeman against Sir Chris and the Police Service of Northern Ireland (PSNI) Chief Constable Jon Boutcher.
The secretary of state's intervention to stop the parade came after he received security advice from Boutcher.
The Drumcree dispute led to a stand-off between Orangemen and nationalist residents of the Garvaghy Road in Portadown lasting almost two weeks.
Before the parade was banned, the chief constable had written to Sir Chris stating: "The PSNI's current assessment is that all available, lawful and proportionate options to facilitate completion of the procession have been exhausted.
"Any remaining options would require a substantial public order intervention and this is not assessed to be proportionate, and which would carry an unacceptable risk of serious injury, disorder and a wider contagion affect across Northern Ireland."
Last week, the court heard PSNI intelligence information that dissidents may have mounted gun attacks on the police had officers cleared a path for the parade.
The Garvaghy Road residents' case is that the Northern Ireland secretary's decision was lawful.
The latest flare-up of the Drumcree dispute has featured a number of legal challenges, involving the Parades Commission, Orange Order and Garvaghy Road residents.
The dispute first came to prominence in the mid-1990s and almost derailed the Northern Ireland peace process at the time.
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 for the past three decades.
Open Questions
- Will the Orange Order appeal the High Court ruling?
