Legal challenge to halting of Orange Order parade along Garvaghy Road adjourned

Loyalist activist Jamie Bryson (centre), along with leading members of the Portadown District of the Orange Order, DUP MP Carla Lockhart and MLA Jonathan Buckley (far right) outside the High Court in Belfast. Picture: Rebecca Black/PA Wire

A legal challenge to a decision by Britain's Northern Ireland secretary Chris Bryant to halt an Orange Order parade in Co Armagh has been adjourned to Monday.

An emergency sitting of the High Court in Belfast was convened on Saturday afternoon following the intervention by Mr Bryant to ban the contentious march route following an almost two-week stand-off.

Mr Bryant said on Friday night it had not been possible to find accommodation between the Orange Order and nationalist residents of the Garvaghy Road in Portadown.

On Saturday Lady Justice Denise McBride said she appreciated it is an important case, and while she believes it has urgency, it was “not an emergency”.

She also noted that significant material was outstanding in the case, and urged the parties to continue working across the rest of the weekend.

She adjourned the hearing to Monday.

The Court of Appeal is set to deliver a judgment on a separate legal challenge by Garvaghy Road residents against a decision by the Parades Commission to allow an Orange Order parade along the road for the first time in almost 30 years.

The Orange Order’s legal representatives have applied for an emergency judicial review against the decision.

Speaking after the hearing, loyalist activist Jamie Bryson said they welcome that the urgency of the matter had been accepted.

“Very importantly Lady Justice McBride made clear that if the court on Monday, or Tuesday or Wednesday next week quashes the Secretary of State’s decision the legal determination comes back to life, and the Portadown District will be back on that hill ready to walk the Garvaghy Road,” he said.

“Portadown District fought this as a legal question. The fight goes on and they’ll be back in this building for two cases on Monday, one in the High Court, one in the Court of Appeal and they will use every lawful means possible to defeat the mob.

“This is a question between the law and the mob, and the Portadown District are on the side of the law, they have a legal right and they go to have that restored.” 

Mr Bryant had been under growing pressure to act after a stand-off between the two sides which remained resolute in their positions.

Speaking to the BBC on Saturday he said two options had been discussed.

He said one proposed compromise would have allowed the Orangemen to complete one final march along the Garvaghy Road, on the condition it would not apply to march the route again.

The other option would have seen the group accept that it had won the right to march, but agree not to exercise that right.

Mr Bryant said he believed an agreement had been close, but talks between the lodge and residents ultimately failed.

There were cheers and applause among the Garvaghy Road residents who had gathered at Drumcree Community Centre on Friday night, however, further legal action on behalf of the Orange Order is expected.

Politically, Sinn Féin and the SDLP welcomed the intervention, but DUP leader Gavin Robinson said he now needs to “explain what his Government intends to do to restore confidence in the rule of law”.

Taoiseach Micheál Martin said the decision will come as a “significant relief” to the community on the Garvaghy Road.