Northern Ireland’s Parades Commission failed to “properly weigh” what police told it about the potential for disorder if the Drumcree parade was given the go-ahead, Court of Appeal judges have been told.
asserted
judges → fail → Appeal
A barrister for residents of the predominantly nationalist Garvaghy Road in Portadown told the court the commissioners had reached an “irrational conclusion” in permitting the Orange Order parade along the Troubles flashpoint for the first time in 28 years.
asserted
commissioners → tell → years
Denise Kiley KC made the argument at the start of the residents’ fresh court challenge against the commission’s decision.
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KC → make → decision
The residents say the Parades Commission adjudication body “materially misdirected itself” on the police assessment of the potential for disorder around the event and that the commission had not given an “accurate representation of the evidence” received from the PSNI in its decision.
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commission → say → decision
However, Tony McGleenan KC, representing the commission, said the suggestion it had made a legal error “doesn’t bear scrutiny”.
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it → represent → scrutiny
The residents are challenging the decision of a High Court judge – made in the early hours of Sunday September 27 – to refuse leave to apply for a judicial review of the commission’s determination to permit the parade down the Garvaghy Road later that day.
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residents → challenge → Road
Orangemen have attempted to commence their parade several times in the nine days since, but have been halted by police amid concerns of disorder if it proceeded down the road, which has witnessed a series of mass demonstrations and protest rallies.
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which → attempt → demonstrations
Members of the Portadown District of the Orange Order remain at Drumcree Church, demanding to be allowed to begin their parade.
Protesters have maintained a presence at the side of the road, insisting that what they see as a “triumphalist” parade should not be allowed, citing the violent history of the march in the 1990s.
asserted
see → remain → 1990s
Monday’s hearing is the latest challenge to the parade, which was given the go-ahead for the first time in almost 30 years after three separate legal hearings over 13 hours late on September 26 and into the early hours of September 27 – the morning the parade was due to begin.
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parade → give → September
The hearing of the residents’ new challenge had originally been listed for Friday but was postponed until Monday to allow for crunch talks facilitated by Northern Ireland Secretary Sir Chris Bryant, who had hoped to find a solution.
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who → list → solution
The negotiations ended without agreement on Thursday, with both sides having discussed options including mediation, the possibility for the right to march to be respected but not exercised, and a “one-and-done” final march with no further applications.
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right → end → applications
Three judges – Northern Ireland’s Lady Chief Justice Dame Siobhan Keegan, Lady Justice McBride and Lord Justice Colton – are hearing the latest legal challenge.
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judges → hear → challenge
At the start of the hearing, Ms Kiley told the Court of Appeal judges it was in the public interest to ensure the Parades Commission came to correct decisions on parading applications
Opening the case, she said the question of whether the determination remained live – given the date of the originally permitted parade has passed – was unresolved.
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date → tell → parade
However, she said the residents were not currently seeking a court determination on that point.
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residents → say → point
Outlining the basis of the appeal court challenge, she added: “There is a public interest in ensuring that the Parades Commission – a body charged with making these significant decisions on contentious parading issues – comes to correct and lawful determinations.”
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Commission → outline → determinations
Ms Kiley said the commission’s assertion that there was no specific information from police about a risk of violence did not fully reflect what a senior commander had told it.
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commander → say → it
The barrister said PSNI Assistant Chief Constable Ryan Henderson told the commission that while police had no clear intelligence about any planned disorder he had also stressed that officers were dealing with an “unclear picture” and that, as a result, police were planning for various scenarios, from a peaceful passing of the parade to an outbreak of violent disorder.
uncertain
police → say → disorder
Ms Kiley said the commission’s subsequent conclusion that there was no specific information about the prospect of disorder was “only part of the picture”.
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conclusion → say → picture
“It doesn’t go on to record the uncertainty and the fact that the position remained unclear,” she said.
uncertain
she → go → uncertainty
“It is clear that what the police were telling the commission was, ‘This is unclear, it’s uncertain and we are preparing for all eventualities’.”
uncertain
we → tell → eventualities
She said the commissioners “didn’t properly understand the police assessment” and this impacted their decision to permit the parade.
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this → say → parade
Ms Kiley said the commission had therefore reached an “irrational conclusion”.
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commission → say → conclusion
She described the Drumcree parade as “one of the most polarising parades in the history of Northern Ireland”.
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She → describe → Ireland
The barrister said the commission had a duty to promote an understanding of parading but had failed to explain why it had reached its determination to permit the parade, particularly as it was the first time in 28 years.
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it → say → years
“There is a duty to explain decisions,” she said.
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she → be → decisions
“And where a decision has consistently been made on one basis for 28 years then a change cries out for explanation.”
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change → make → explanation
Ms Kiley also argued that the commission had failed to take into account the potential for the parade to trigger “wider disorder” across Northern Ireland.
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parade → argue → Ireland
Mr McGleenan told the Court of Appeal that the determination to permit a limited parade down the Garvaghy Road should be read in its entirety.
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determination → tell → entirety
“It is a detailed 31-paragraph written analysis,” he said.
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he → write → ?
“And it has to be read in its totality.
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it → have → totality
And there is a grave danger of cherry-picking sentences here and sentences there to suggest a wrong legal test or a misdirection, or that something hasn’t actually been considered.”
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something → be → test
Mr McGleenan said police had given an assurance to the commissioners that they had the capacity to deal with any disorder that may have been triggered if a parade was permitted.
uncertain
parade → say → disorder
He insisted the commission was “fully briefed” by police on the uncertainty around what might happen.
uncertain
what → insist → uncertainty
“They met with the PSNI on the 23rd (September) at a lengthy meeting with them.
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They → meet → them
They were read intelligence briefings.
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They → read → briefings
They were briefed about the police resource and their ability to contain any disorder or reaction that occurred.
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that → brief → disorder
So they have all of that.”
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they → have → that
Mr McGleenan said the residents were attempting to “make some forensic play” in asserting a difference between what the police told the commission and what the commissioners then recorded as the police assessment.
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commissioners → say → assessment
He said “one accurately reflects the other”.
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one → say → other
The barrister said legal jurisprudence placed a positive obligation on facilitating the right of assembly.
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jurisprudence → say → assembly
…and 28 more, not listed.
The Aporia
