Drumcree parade allowed on Garvaghy Road as High Court challenge set for Saturday
A controversial Drumcree parade has been permitted to proceed along Portadown’s Garvaghy Road on Sunday under strict conditions imposed by the Parades Commission, as opponents prepare to challenge the decision at the High Court.
The determination will allow Portadown District LOL No.1 to proceed along the predominantly nationalist Garvaghy Road on Sunday, September 27, marking the first time in 28 years that the Orange Order has been permitted to parade along the road.
However, the Commission has significantly restricted the scale of the procession compared with the application submitted by the District Lodge.
A legal challenge brought on behalf of Garvaghy Road residents is now due to be heard at the High Court in Belfast at 11am on Saturday, September 26, less than 24 hours before the parade is scheduled to take place.
Strict restrictions placed on Drumcree parade
Portadown District had applied for 60 Orange Order members to take part in the procession, but the Parades Commission has limited participation to no more than 35 people, including five named marshals.
Under the determination, the parade must leave its notified assembly point at Drumcree Church no later than 8am on Sunday.
It must then disperse from its notified dispersal point at Carleton Street Orange Hall no later than 9.30am.
Only the Portadown District LOL No.1 banner may be carried or displayed while the procession is travelling along any part of the Garvaghy Road.
Bands have been prohibited from taking part.
Supporters will also not be permitted to accompany the procession on any part of its route, while restrictions have been placed on supporters congregating along the route or close to residential properties on the Dungannon Road and Drumcree Road.
The conditions represent a significant reduction from the procession originally proposed by the District Lodge.
The Parades Commission said its determination should not be viewed as a victory for one side or a defeat for another, but as the outcome of applying the relevant legal framework to the information before it.
High Court challenge on Saturday
The latest determination will now face an urgent legal challenge ahead of Sunday’s planned procession.
The High Court is due to convene at 11am on Saturday to hear the challenge brought in opposition to the Parades Commission’s decision.
It is the latest legal development in a dispute which returned to the courts earlier this year.
In August, the High Court quashed an earlier Parades Commission determination restricting the return leg of the annual Drumcree parade.
The Commission did not contest those proceedings after procedural issues were identified concerning how its decision had been recorded, including that the final text had not been approved by every commissioner.
Portadown District subsequently submitted a fresh application for a limited parade on the Garvaghy Road on September 27.
Justice Minister urges respect and calm
Justice Minister Naomi Long has called for the Parades Commission’s determination and the legal process surrounding it to be respected.
In a statement issued following Friday’s decision, Mrs Long stressed that the Parades Commission is the lawful authority responsible for adjudicating on parades designated as contentious.
She acknowledged that its determinations can be subject to legal challenge and expressed regret that mediation had not resulted in an agreed accommodation over the proposed procession.
The Justice Minister urged those involved in the debate, particularly political and community leaders, to ensure their public comments remain respectful and temperate.
Mrs Long said disagreement with a Parades Commission determination could never justify anything other than peaceful protest.
She also highlighted the improvement in community relations in Portadown over recent years, saying that progress had been hard won and should not be undermined in the days ahead.
First Garvaghy Road parade in 28 years if decision stands
The Garvaghy Road was at the centre of one of Northern Ireland’s most bitter parading disputes during the 1990s.
The Parades Commission has prevented the Orange Order from completing the disputed section of its Drumcree route along the road since 1998.
Sunday’s procession would therefore represent a major development in the long-running dispute if the Commission’s determination survives Saturday’s High Court challenge.
Garvaghy Road residents have strongly opposed the latest application and have expressed concern about the impact of allowing the procession to return to the area.
The outcome of Saturday’s High Court hearing could now determine whether the restricted procession is permitted to proceed on Sunday morning.
See full reaction from across the political spectrum here