"Nothing unlawful" about Bryant blocking Garvaghy parade, Belfast High Court rules

Northern Ireland's Secretary of State Chris Bryant's decision earlier this month to block the Orange Order's contentious march on the Garvaghy Road was lawful, a Belfast judge has ruled.

On Wednesday at the High Court in Belfast, Justice Scoffield dismissed an application for judicial review of the Northern Ireland Secretary of State's decision to prohibit the Orange Order parade along the Garvaghy Road.

The application was lodged by Alan Hynes of the Portadown District Loyal Orange Lodge No. 1, which had been granted, for the first time in nearly 30 years, permission by the Northern Ireland Parades Commission to march on the Garvaghy Road for its Dumcree Parade.

However, the primarily Irish nationalist residents of the Garvaghy Road vehemently objected to the march, citing sectarianism and a history of violence.

A deadlock emerged, and despite engagements by the parties, politicians, and police, no resolution could be found, leading to Bryant's decision to block the parade following an application by the Police Service of Northern Ireland (PSNI).

On Wednesday, the court ultimately found that Bryant's decision, handed down on October 9 after a two-week impasse, was "lawful and within the margin of discretion properly afforded to him, although it is highly regrettable that it was required in the circumstances in which it arose."

Justice Scoffield acknowledged that the series of decisions made by Bryant "were complex," but "there was nothing unlawful or irrational about the way in which he resolved the issues before him."

In concluding remarks, Justice Scoffield wrote: "Those who opposed the [Parade] Commission’s determination in this case and who opposed the procession permitted by it should, in my view, take no particular joy in the outcome of this case.

"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. Depressingly, the threat of serious and widespread disorder has loomed large in the matters under consideration.

"Those opposed to the procession may well point to the Lodge’s decision to process along a route where they knew they were neither welcome nor wanted. There may be force in that point: the existence of a right does not require its exercise. But the Convention case-law is clear that it protects freedoms of assembly and expression which others may find offensive or unwelcome.

"In this case, after a lawful decision-making process, the Lodge’s right to process along the notified route had been established, subject to conditions deemed appropriate by the Commission.

"As a result of the events of the following weeks, significant concerns have now been expressed about respect for the rule of law in this jurisdiction. That includes amongst some elected representatives, by reason of their participation in the unnotified protest."

"Fully vindicated"

Speaking to the media on Wednesday after the judicial decision, Breandán Mac Cionnaith of the Garvaghy Road Residents Coalition said in part: "The position of the community of the Garvaghy Road - the men, women and kids who live there - has been fully vindicated today.

"The position we took in relation to this Orange march was fully justified.

"All we sought was the right that was promised under the Good Friday Agreement, the right to live free from sectarian harassment. That right has been upheld today."

Orange Order to appeal decision

Responding to Wednesday's judicial decision, the Portadown District Loyal Orange Lodge No. 1 said it would be lodging an appeal. It also "welcomed the damming comments" of Justice Scoffield "in respect of the unlawful mob which amassed against our lawful parade."

PSNI acknowledges decision

Also responding, Chief Constable of the Police Service of Northern Ireland (PSNI) Jon Boutcher described the policing operation at the Garvaghy Road as "exceptionally complex."

“Our decisions were informed by the operational picture, intelligence, public safety, the risk of serious disorder and the impact on communities and policing across Northern Ireland," Boutcher said. "The court has recognised that these were proper and compelling policing considerations."

Boutcher said the PSNI "remains committed to impartial policing, upholding the rule of law, protecting the public and facilitating peaceful processions wherever it can be done safely and proportionately."

He continued: “The High Court also noted the ongoing investigation into alleged criminal offences connected with the un-notified protest and obstruction of the route. That investigation remains ongoing." Several high-profile politicians, including First Minister of Northern Ireland Michelle O'Neill, have been contacted by the PSNI to be interviewed about their participation in what the PSNI deemed were "unlawful protests."

Boutcher concluded: “The Police Service of Northern Ireland will continue to work with all communities, statutory partners and organisers to support the safe and lawful management of public processions and related protests.

"We should all remember that legitimate positions exist on both sides of this dispute and that it is incumbent on all parties to work together to find a peaceful way to resolve such issues."