Judgment reserved in legal bid to challenge Drumcree parade decision

Court of Appeal in Belfast had heard Parades Commission failed to 'properly weigh' what police told it about the potential for disorder if the Drumcree parade was given the go-ahead

Breandan Mac Cionnaith and members of the Garvaghy Road Residents coalition outside the High Court in Belfast following a reserved judgment. Picture: Mark Marlow/PA

Judgment has been reserved in a legal challenge against a controversial decision which legally permits the Orange Order to march along the Garvaghy Road in Portadown.

Earlier, the Court of Appeal in Belfast heard that the North'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.

Lady Chief Justice Siobhan Keegan said she hopes the court will deliver judgment in a “swift enough timeframe”.

A barrister for residents of the predominantly nationalist Garvaghy Road 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.

Denise Kiley KC made the argument at the start of the residents’ fresh court challenge against the commission’s decision.

Breandan Mac Cionnaith and members of the Garvaghy Road Residents coalition speak to the media outside the High Court in Belfast following a reserved judgment. Picture: Mark Marlow/PA

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.

However, Tony McGleenan KC, representing the commission, said the suggestion it had made a legal error “doesn’t bear scrutiny”.

The residents are challenging the decision of a High Court judge — made in the early hours of 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.

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.

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.

Representatives of the Orange Order are heckled by artist Clodagh Byrne as they leave the High Court in Belfast following a reserved judgment. Picture: Mark Marlow/PA

Monday’s hearing was 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.

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 Chris Bryant, who had hoped to find a 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.

Breandán Mac Cionnaith from the Garvaghy Road Residents’ Coalition said it had been made very clear to Appeal Court judges what the situation is in relation to the Drumcree parade.

He said: “Our legal team put forward all the arguments. They were very clear on what the situation was in relation to the parade and I don’t think we have anything to regret so far.” 

He added: “I am not going to pre-judge the outcome.”