Appointment of Orangemen to Parades Commission ruled unlawful

The body which adjudicates on contentious parades in the North is today looking for a new member after the Law Lords declared the appointment by Peter Hain of one of its members was unlawful.

The House of Lords overturned a majority Court of Appeal judgment that the former British government minister was right when he was Northern Ireland Secretary to appoint David Burrows and another Orangeman to the Parades Commission in 2005.

The dispute over the appointment of Mr Burrows and Don Mackay, who were both involved in the Drumcree marching dispute in Portadown, was taken to the Lords by nationalists, who complained no representation was sought from their residents' groups.

Mr Mackay later quit the commission after it emerged that he listed Democratic Unionist MP David Simpson and SDLP MLA Dolores Kelly as referees without seeking their permission.

The Garvaghy Road Residents Coalition, which won its initial case in the Belfast High Court, complained that Mr Hain wrote to the major political parties, the four main churches and the loyal marching orders during the appointments process, but did not seek applications from any residents' group.

In a majority decision, the appeal judges said the Secretary of State was not required to achieve a balance between individual members of the body.

However, today Lord Bingham said: "I feel bound to conclude that the decision to appoint Mr Burrows and Mr Mackay was one which a reasonable Secretary of State could not have made if properly directing himself in law, if seized of the relevant facts and if taking into account considerations which, in this context, he was bound to take into account."

Speaking after the Law Lords' ruling, Breandan MacCionnaith, spokesman for the residents, said: "Ever since the present Parades Commission took up office in January 2006, British government ministers, along with the commission's chair, Roger Poole, have publicly and robustly defended what have now been proven to be totally unlawful appointments.

"It was certainly clear to the nationalist community in Portadown and to all reasonable people that serious conflicts of interests have existed which undermined the credibility and impartiality of the commission."

Mr Poole expressed the Parades Commission's disappointment that the appointment of Mr Burrows was overturned today by the Law Lords, and he paid tribute to his colleague.

"David's departure will not deflect us from our collective view that the only way for local people to resolve local parading disputes is through meaningful and sustained dialogue between those who wish to parade and those who are opposed to parades," he said.

"There have been enormous changes in the Northern Ireland political set-up over the last couple of years and the peaceful parading seasons of 2006 and 2007 have contributed to the emergence of a more settled society.

"We will keep working with local people right across Northern Ireland to promote and facilitate negotiated settlements of parading issues and to uphold the primacy of dialogue."

The current Northern Ireland Secretary Shaun Woodward also paid tribute to Mr Burrows and urged people to reflect on the ruling's full implications.

"The job of the commission is extremely challenging and it is important that it is brought back to full strength as soon as possible. I will want to make a decision on a new appointment as quickly as is practicable and sensible.

"Northern Ireland has changed dramatically since these appointments were made and has enjoyed successive peaceful parading seasons.

"That has only been possible because people from both sides of the community and the Parades Commission have worked tirelessly behind the scenes to agree local arrangements, acceptable to all.

"It is important that this work continues in the months ahead and that the people of Northern Ireland once again enjoy a peaceful and trouble free summer."