6th annual report - parades commission · 6th annual report of the northern ireland parades...

6th annual reportof the Northern Ireland Parades Commission

2003 – 2004

Parades Commission forNorthern Ireland

Sixth Annual Report1 April 2003 - 31 March 2004

Presented to the Secretary of State for Northern Irelandpursuant to Schedule 1 (13) to the Public Processions(Northern Ireland) Act 1998

Rt. Hon. Paul Murphy, MP Secretary of State for Northern IrelandSecretary of State's Private Office Northern Ireland Office Block B, Castle Buildings Stormont Estate BELFAST BT4 35G

Dear Secretary of State,

I have pleasure in submitting to you, as required by Schedule 1(13)to the Public Processions (Northern Ireland) Act 1998, the AnnualReport of the Parades Commission for Northern Ireland for the year1 April 2003 until 31 March 2004.

Sir J. Anthony Holland

Chairman

annual report 2003 – 2004

Contents

chairman’s report 4

international perspective 6

parading statistics 8

reviews 10

accounts 11

commission members 12

annual report 2003 – 2004

IntroductionThis is the sixth Annual Report of theParades Commission and it covers theperiod April 2003 – March 2004.

The current Parades Commission is an independentbody of seven individuals drawn from across civicsociety and appointed by the Secretary of State.The terms of reference under which theCommission operates are precisely defined byParliament, as is the range of considerations thatmust be taken into account during deliberations.

Just as each summer brings with it a degree oftrepidation surrounding the marching season, 2003was no exception. Hopes were also high that amore peaceful way around much of the contentionassociated with parading could be found.

As it transpired that hope was well grounded.Through the excellent ongoing efforts of communityactivists, parade organisers, police, authorisedofficers and others throughout our society, theparading season in 2003 was among the calmest inrecent memory. There were exceptions to this andthe Parades Commission was ultimately forced toimpose determinations on a small percentage ofparades. Generally and encouragingly when suchconditions were imposed they were respected. Away from the headlines associated with the

parading season effective work has continuedquietly beneath the surface. For example the SouthAfrica initiative which was a bold step on behalf ofthe Commission yielded benefits in the form ofimproved relationships with protagonists in theparading issue. A small number of Commissionerstook part in the study visit and they were joined byrepresentatives of the PSNI and individuals from theOrange Order in Poradown. The venture was asuccess.

Last year also saw a continuation of the closeworking partnerships the Commission hasestablished with all the players involved in theparading issue including political representatives,local community activists, individual members of theloyal orders and the PSNI.

I cannot understate the importance of the tirelesswork undertaken by numerous representatives ofthe community and the more forward-lookingparade organisers who commit themselves toensuring that their interests are served in a waywhich does not bring violence and tension onto thestreets. Their input has been and continues to be ofvalue to the entire community of Northern Ireland. It is worth pointing out that the Parades Commissiononly becomes involved in a parading dispute whena local accommodation has not been reached. Inthese circumstances the Parades Commission hasto make difficult and unpopular decisions. The

chairman’s report

Through the excellentongoing efforts ofcommunity activistsand othersthroughout oursociety, the ParadingSeason in 2003 wasamong the calmest inrecent memory.

4 annual report 2003 – 2004

Parades Commission was established to decidewhat restrictions, if any, should be placed onparades taking place around Northern Ireland. Inthe late 1990s society here had moved to a pointwhere the tensions surrounding the issue werebecoming unbearable and questions over the rightto parade or protest were being decided largely onsecurity considerations. Parliament established theParades Commission to move discussion of theissue away from security concerns and into a lessconfrontational and more constructive forum.

In all of its discussions under my Chairmanship theParades Commission has never and will never makea decision based upon explicit or implicit threats ofviolence. Indeed, the opposite is the case. Thosewho seek to introduce threats into the decisionmaking process of the Parades Commission can besure that the validity of any case they are makingwill be totally undermined by such threats. Genuineand meaningful dialogue leading to improvedrelationships in the community will continue to be avital issue for the Commission – but in its absenceparades that are contested are more likely to berestricted.

Northern Ireland is a place where people are sharingspace with neighbours with whom they may notagree, but with whom they must live nevertheless.The Parades Commission will continue to do what itcan to facilitate accommodation on the issue ofparading but ultimately, the pace of its progressrelies on those groups and individuals most closelyinvolved. Everyone involved is required to takerisks, but ultimately all of Northern Ireland will enjoythe rewards.

The marching season of 2003 and the work whichwent on in securing a relatively peaceful summer willI am sure have benefits which will be seen for along time to come in Northern Ireland. As newpartnerships are built and relationships aredeveloped over time, organisations and individualswill inevitably gain a better understanding of how it isto live in the other persons shoes. Some smallsigns emerged during 2003 of an increase in thelevel of willingness and ability to reach out to ‘theother side’. We hope to build on that in the future.No matter the supposed rationale behind a policy ofnon engagement which is indulged by someleaders in the loyal orders, there has to be arealisation, in time, that engagement on the issuesis the only way forward. If people and organisationsdo not present their case in an environment whichhas been created to facilitate and promote dialogue,their argument is inevitably weakened.

It is frustrating to the Commission that therecontinues to be a knee-jerk reaction by some whenit comes to parades. A small section of the

community here, and in some cases those whorepresent their views to the Commission, display adefault setting which is either ‘anti parade’ or ‘antiresidents.’ Such positions, when they are adoptedwithout true regard for the opposing point of viewserve no long term creative purpose. Similarly thereare occasions when people seem to deliberatelymisunderstand the role of the Commission or seekto use the judgements of the Commission to suittheir own agenda. This is disappointing andunhelpful.

The Commission is sometimes accused of workingto various ‘agendas’. The truth is that the onlyagenda the Parades Commission has ever workedtowards is to encourage meaningful dialogue andfacilitate accommodation between the various partsof our community on parading issues. While theParades Commission is legally obliged to look ateach and every parade or protest parade on its ownmerits and in isolation, it recognises that the widercommunity looks at the issue in more generalterms.

The Parades Commission has made a markedcontribution to the continuing easing of the issuesaround parading in Northern Ireland. Our work hasnot proven to be particularly comfortable and is byno means easy. The right to parade and the rightnot to be subjected to what some see asinappropriate parades are genuinely and sincerelydefended positions in Northern Ireland and they arenot always compatible positions. This is the job wehave undertaken and it is one which requires apatient and balanced approach. The Commission iswell served by a team of dedicated AuthorisedOfficers and parade monitors whose job it is toobserve events on the ground. Authorised officersare contracted to work with protagonists in specificareas to ensure as far as possible that peacefuloutcomes can be ensured. Each of theCommissioners is indebted to the authorisedofficers and also to the Parade Monitors, whoperform their job in sometimes difficultcircumstances.

This is the fifth full year in which the incumbent setof Commissioners has discharged the legalobligations of the Parades Commission. Mycolleagues on the Commission are dedicated, hardworking local people with a genuine determinationto make a contribution to the betterment of NorthernIreland through their work on the Commission. Istand in admiration for the fact that they haveembraced this work and I am continually impressedwith the skill and thoughtfulness with which theycarry out their role. As Chairman of the CommissionI am in their debt and it is appropriate that Iacknowledge that debt in this report.


The Parades Commission believes thatone of the key features of the movetowards progress in Northern Ireland onparades related issues is thedevelopment of mutual understanding,and the enhancement of capacity toaddress and resolve conflict issues.

The Commission has been engaged in a number ofspecific pieces of work, research and facilitation tofurther better understanding between peopleinvolved in these difficult and delicate issues acrossNorthern Ireland.

One example of this work was the study visit toSouth Africa organised by the Commission for keyplayers in the Portadown area; an initiative fundedby the Parades Commission and the CommunityRelations Council. The study trip which took placein February 2003 was an attempt to contribute toand facilitate where possible a context wheremeaningful dialogue could take place between allthose involved in the parading situation in NorthernIreland.

The visit included some of the key people andgroups involved from Portadown, including districtofficers of Portadown LOL No.1, church andbusinesses representatives, voluntary sectorrepresentatives, Commission members and officersof the Commission. Unfortunately nationalists,including the Garvaghy Road Residents Coalitionfelt unable to attend. Given the rationale underlyingthe initiative it was regrettable that some importantinterests in the parading situation were not present.

The study visit was highly successful, withparticipants exploring some of the key momentsand factors in the milestones of South Africa'semergence from a conflict situation to a more stablesociety. The initiative also allowed for thedevelopment of relationships between thoseindividuals and groups taking part.

On a wider front the trip also exposed some ofthose involved in wider parading issues to otherways of thinking about parades; about how localcommunities might regard parades emanating fromanother part of the community and in turn howthose wishing to parade might regard the areaswhere they are not welcomed.

education, understandingand capacity building- an international perspective

The ParadesCommission believesthat one of the keyfeatures of the movetowards progress inNorthern Ireland onparades related issuesis the development ofmutual understanding


The Commission is determined to continueexploring means of building trust between all theparties concerned in the Drumcree situation. It is ourvery firm belief that only sustained and meaningfuldialogue can create the circumstances whereresolution to parading problems in Portadown canbe achieved.

The Commission is determined to continue to buildon this and other such education, understandingand capacity building projects in which it isinvolved. It engages in outreach tocommunities who are opposed to

parades as well as to those who support parades,not just through its team of authorised officers, butalso through visits involving members of theCommission.


parading statistics


3050

3100

3150

3200

3250

3300

3350

01/02 02/03 03/04

0

500

1000

1500

2000

2500

3000

01/02 02/03 03/04

LOYALIST NATIONALIST OTHER

A. TOTAL PARADES NOTIFIEDDuring the 2003 marching season there was a smalldrop of 4% from the number of parades notified inthe previous year. All parades with the exception offunerals and those of the Salvation Army are requiredto be notified to the police at least 28 days inadvance of the date of the parade. Such notificationsare then forwarded to the Parades Commission.

B. TOTAL PARADES BY TYPELoyalist parades continue to account for the majorityof all parades. In 2003 / 04 they accounted foralmost 70% of parades while parades organised bynationalists accounted for 3.5%, a slight drop fromthe percentage figure of 4.5% in 2002 / 03. ‘Other’parades accounted for 26%. These might includecivic parades, galas, youth clubs and ex-serviceorganisations.


01/02 02/03 03/040

50

100

150

200

250

01/02 02/03 03/040

50

100

150

200

250 LOYALIST NATIONALIST

01/02 02/03 03/04

ROUTE OTHER

0

20

40

60

80

100

120

140

01/02 02/03 03/04

RESTRICTED UNRESTRICTED

0

50

100

150

200

C. TOTAL CONTENTIOUS PARADESThe number of contentious parades overall rose in2003 / 04 (231 compared with 191 in 2002 / 03)while the figure as a percentage of the total numbershowed a slight increase from 5.8% to just over 7%.

In 2003 / 04, just as in all recent years, up to 50 ofthe contentious parades relate to those notified eachweek by Portadown LOL No 1 District in relation tothe Garvaghy Road.

D. CONTENTIOUS PARADES BY TYPEThe number of contentious parades emanating fromthe loyalist community as a percentage of the overallnumber of contentious parades was similar to2002/03 at just under 93%. In 2001 / 02 the figurewas 90%. The number of contentious parades fromnationalists also remained similar at some 7%.

F. TYPES OF RESTRICTIONBy far the most common restriction applied toparades concern the route. This was the case inover 83% of restrictions which were applied in thelast year to the 136 parades which were restricted.Again the number of routes restrictions in totalincludes the almost 50 which are applied to theweekly notification of parades by Portadown LOL No1 District in relation to the Garvaghy Road. Otherrestrictions which are applied may apply to music(7%) or bands or timings.

E. RULINGS ON CONTENTIOUS PARADES In 2002 / 03 25% of contentious parades werepermitted to proceed with no restrictions. This yearthat figure rose by 4% to 29%, some 69 parades.70% of contentious parades were restricted in someway in 2003 / 04, a total of 162. It is worth pointingout that up to 50 of the restricted parades are thosewhich are applied for each year by Portadown LOLNo 1 District in relation to the Garvaghy Road. In totalonly 95.% of parades notified had no restrictions ofany kind applied in 2003 / 04.

reviews

"the Commissionmay review its finaldecision in the lightof any freshinformation orrepresentationsreceived."


When can a decision of the ParadesCommission be reviewed?

The Procedural Rules under which the ParadesCommission operates state clearly "the Commissionmay review its final decision in the light of any freshinformation or representations received."

Throughout each marching season the Commissionreceives numerous requests for decisionsconcerning particular parades to be reviewed andthere are certain circumstances under which thedecision may be reviewed. The Commission hasdiscretion on whether or not a review will be grantedbut in any circumstance a review is more likely to begranted if new evidence relating to a parade ismade available to the Commission. A request for areview should include an indication of the nature ofthe new or fresh information and should alsoindicate why the information if available was notpresented as part of the original consideration. Inthe light of experience, the Commission will beincreasingly reluctant to consider evidence which ispresented as new or fresh if in fact such informationwas available and could have been presented aspart of the initial consideration but was not suppliedto the Commission at that time. If fresh evidencewhich is demonstrably new is not supplied to theCommission in support of a review application, thereview request is much more likely to be rejected.

Inevitably, however understanding the Commissionhas tried to be in its early years of operation, thereis a price to be paid where one interested party oranother fails to engage with the Commission at theappropriate time.

If a decision is reviewed the Commission mayuphold, amend or revoke its previous decision. Anyparty with an interest in the particular parade will beinformed that a review is to take place and they willnormally be afforded the opportunity to have aninput into the review.

Should the Commission decide to change itsdecision as a result of a review it will provide theearliest possible written notification to the paradeorganiser, other parties associated with orconcerned with the parade and the PSNI. When thecentral protagonists have been informed of theoutcome the review decision will be placed on theCommission website.

The Commission is conscious of the unhelpfuleffect that a change in determination can have inthe immediate run-up to a parade, and stronglyurges interested parties, including paradeorganisers, to ensure that they participate in theprocess at the outset, as there is no guarantee of areview simply because new evidence or informationhas been provided.


ACCOUNTS

The Parades Commission is financed by a budgetallocated by the Secretary of State for NorthernIreland from the Northern Ireland OfficeAdministration, Law, Order, Protective andMiscellaneous Services, Vote (Class XV, Vote1,Section B). The account below relates to thetwelve month period from 1 April 2003 to 31 March2004.

Under paragraph 12(1) of Schedule 1 to the PublicProcessions (Northern Ireland) Act 1998 theCommission is required to:

(a) keep proper accounts and proper records inrelation to accounts; and(b) prepare a statement of accounts in respect ofeach financial year of the Commission.

Due to the timing of this report the Commission’sexpenditure has not yet been audited and is subjectto change. A copy of the audited account will belaid before Parliament when ready.

Andrew ElliottSecretary to the Parades Commission

Receipts and payments account for theYear ended 31 March 2004

Notes £k

Budget allocated fromClass XV, Vote 1, Section B 1,292Salaries and Wages 1 382 Salaries (Commission Members) 2 229

Other Operating Costs

Travelling and incidental Expenses Commission Members 51Staff 3 31Rent, rates, car park etc 111Heating, lighting, cleaning, maintenance 40Office supplies, publications, printing, stationery 13Telephones and postage and courier 33 Authorised Officer and related costs 180Monitors and related costs 15Hospitality 6Publicity / Advertising 9 Funding of Grants 7Education /Outreach 55Computer Maintenance/Licences 13Consultancy and Professional Advisors Costs 109Miscellaneous 8

1292Surplus (Deficit) from operations 0

Notes

1. Salaries figure shown in respect of Secretariat staff only.2. Commission Members’ salaries include VAT where applicable.3. Includes training costs.4. Figures shown are based on cash expenditure and not accruals.5. These figures have not been audited by the National Audit Office.

Peter Osborne is a Management Consultantspecialising in Economic and CommunityDevelopment. He is a Director of the South and EastBelfast Health and Social Services Trust, a member ofthe Legal Services Commission, and a member of

Castlereagh Borough Council. He is a former Board Member ofEnterprise Ulster and of the Northern Ireland Partnership Board. Peterhelped found and Chairs Landmark East, a major not-for-profitcommunity regeneration initiative, and is involved in a number of othercommunity and voluntary initiatives.

John Cousins was formerly the PermanentSecretary of the Students’ Union at the Queen’sUniversity of Belfast, a position he occupied fromMay 1987 until April 2000. He is an associatelecturer at the Open University Business School’s

International Division and Director of Corporate Marketing for an I.T.company. He is also a Management Consultant specialising in EqualOpportunities. He is a member of the Community Relations Council.

Sir John Pringle is a retired High Court judge,having previously held the post of Recorder ofBelfast. He is a former Chairman of the Bar Councilof Northern Ireland. Sir John was also the DeputyChairman of the Boundary Commission for Northern

Ireland during the last Review of Northern Ireland Parliamentary andAssembly constituencies. From June 2001, he has been a member ofthe Investigating Powers Tribunal.

Peter Quinn has recently retired from the positionof Managing Director of a consultancy servicescompany specialising in economic analysis, strategicplanning and evaluations. He was co-author of "TheWay It Is" (Fermanagh Partnership in Practice 1998),

an in-depth review of community relations and community developmentin County Fermanagh, and was a facilitator in the Drumcree talks in1998 and 1999. He is a director of a number of businesses in themedia, pottery, cold storage and tourism sectors, as well as of QuinnGroup Ltd. He is heavily involved in sports administration and was thedriving force behind the development of the biggest ever sports projectin Ireland. He was recently awarded a Doctorate by the University ofUlster in recognition of his services to sport, community developmentand business.

The Reverend Roy Magee is a retiredPresbyterian Minister who is perhaps best known forhis role in helping broker the Loyalist cease fire. Hewas until recently a senior research fellow at theUniversity of Ulster, working on conflict resolution. Hewas previously a member of the Parades Commission

between March and December 1997. As well as assisting as amediator in several areas of contention, he facilitated at the Drumcreetalks in 1998 and 1999. He has been involved in community work formany years, being currently chairman of both Farset Youth andCommunity Development Ltd and Farset Development Ltd. He alsoserves as a Board Member of the Irish Peace Institute.

Billy Martin is a farmer from County Down. A

member of the Parades Commission since June

1998, he is also a General Commissioner for Income

Tax and a Justice of the Peace, neither of which is a

remunerated appointment. He is also Chairman of

Family Farm Development Ltd and Director of UAUS, the umbrella

organisation for agricultural co-operatives.

commission members

Sir Anthony Holland, the Chairman, wasappointed in February 2000. Prior to taking up hisappointment, he was Principal Ombudsman with thePersonal Investment Authority Ombudsman BureauLtd in London, a post he occupied since May 1997.

He is a former senior Partner in a firm of solicitors in Plymouth withwhom he worked for thirty five years, and is a past President of theLaw Society for England and Wales. He is also Chairman of theStandards Board for England and Chairman of the Northern IrelandLegal Services Commission. Until October 1999, Mr Holland wasChairman of the Executive Board of JUSTICE, the British Section of theInternational Commission of Jurists.


Parades Commission for Northern Ireland12th FloorWindsor House9-15 Bedford StreetBelfastBT2 7ELTel: (028) 9089 5900Fax: (028) 9032 2988Email: [email protected]: www.paradescommission.org

Copies of this Annual Report are availablefrom the Parades Commission offices.

The Annual Report is also downloadablefrom the commission’s website atwww.paradescommission.org

6th annual report - parades commission · 6th annual report of the northern ireland parades...

Documents