Chris Bryant’s Drumcree parade ban decision ‘lawful’, judge rules

Dismissing the application for a judicial review of the decision by the Northern Ireland Secretary of State Chris Bryant to stop the Drumcree Orange Order parade, Mr Justice Scoffield said the decision was lawful.

The Northern Ireland Secretary of State’s decision to ban the Drumcree Orange Order parade was lawful, a High Court judge has concluded.

Chris Bryant stepped in after a tense two-week stand-off in Portadown which followed the Parades Commission giving the green light to the parade completing its traditional route along the mainly nationalist Garvaghy Road for the first time in almost 30 years.

The move sparked large crowds to gather on the road in opposition to the parade returning to the former flashpoint that sparked serious disorder and violence in the 1990s.

Police assessed officers were unable to safely escort the parade along the Garvaghy Road while the crowds remained.

Orangemen stayed on Drumcree Hill and made a number of attempts to complete the parade by approaching the police line and making their case for almost two weeks.

Mr Bryant stepped in to ban the parade on October 9 after hosting talks with the two sides and being unable to find an agreed resolution.

In the latest in a series of legal challenges around the dispute, a judicial review was sought by a member of the institution to the intervention by Mr Bryant, as well as the role of PSNI Chief Constable Jon Boutcher.

Last week at Belfast High Court, Mr Justice Scoffield heard a challenge to the “legality of the decision-making route” to ban the parade.

However, counsel for Mr Bryant countered he could have taken “no other decision” than halting the Drumcree march.

The court also heard PSNI intelligence that dissidents may have mounted gun attacks on the police had officers cleared a path for the parade.

On Wednesday morning, Mr Justice Scoffield found the decision by Mr Bryant was lawful.

“The Secretary of State’s decision was lawful and within the margin of discretion properly afforded to him, although it was highly regrettable it was required in the circumstances in which it arose,” he said.

Mr Justice Scoffield went on to say those opposed to the parade “should take no particular joy in the outcome of this case”.

He added: “The Secretary of State’s decision was lawful but the position which has now been reached has been brought about at very significant cost to the people of Northern Ireland, financially, through the diversion of police resources and in terms of community relations.” 

An appeal is expected to be lodged against the decision.