Appeal court overturns ban on Drumcree parade through Garvaghy Road

The Court of Appeal overturned a ban on the Orange Order marching down Garvaghy Road in Portadown, Northern Ireland, at 11.30pm on Saturday. Lady Chief Justice Dame Siobhan Keegan said the High Court judge who granted the injunction had "unfortunately erred in law". The parade was cleared to proceed on Sunday morning at 8am, the first time the route had been opened in 28 years.bbc.co.uk+1

The ruling matters because the Garvaghy Road had been closed to the march since widespread sectarian violence in 1998 outside Drumcree church. The Parades Commission had, on Friday, reversed its long-standing determination and permitted the procession, which the Orange Order had unsuccessfully applied to complete for more than a quarter of a century. The residents' legal challenge briefly halted that permission before the appeal succeeded.theguardian.com

How the injunction was overturned

Judge Patricia Smyth of the High Court had issued the injunction earlier on Saturday, after a five-hour hearing at a special sitting. She urged the parties to "step back from the abyss" and take responsible decisions for "the sake of everyone in Northern Ireland". Smyth said the "long-running dispute" had "the potential to escalate" and that the level of mistrust between residents and the Portadown Orange lodge "cannot be overstated".

The appeal was brought by an Orange Order member after the injunction was granted. The Court of Appeal also approved a request for the case to be heard by a different High Court judge. In the early hours of Sunday, Keegan was deciding whether the case could be remitted back to Belfast High Court for a further hearing.

The Parades Commission imposed several restrictions on the procession: an 8am start, a limit of 35 participants, and no route restrictions. The parade was due to depart from Drumcree Church as a silent procession with no bands. Members of the Portadown lodge had originally applied for a 60-member parade beginning at 1pm. The commission said it understood "the genuine hurt experienced by many residents of the Garvaghy Road".

What the restrictions on the parade were

The legal challenge was mounted by the Garvaghy Road Residents Group. Their lawyer, Denise Kiley KC, told the court that "much remains uncertain" and argued that nowhere in the Police Service of Northern Ireland's contribution to the commission was there "any assessment of future risk", being "entirely directed to past risk". The basis of the High Court review was the PSNI's risk assessment to the Parades Commission.

A request for permission for a countermarch was heard in court, initially estimated at up to 5,000 attendees, later revised to 300. The PSNI has put in place a significant security operation for the parade, with officers from outside the region assisting under mutual aid arrangements. Large groups began blocking the Garvaghy Road shortly before midnight on Saturday, within minutes of the ruling.

Political reaction to the ruling

Breandan Mac Cionnaith of the Garvaghy Road Residents Coalition said: "There's no such thing as justice or rights for our community. I'm going back to help defend my community." British prime minister Andy Burnham appealed to leaders to "work calmly" through the weekend, and Northern Ireland secretary Chris Bryant called for "cool heads".

The Parades Commission said its determination "is not, and should not, be perceived as a victory for one side or a loss for another". Judge Smyth noted the important date for the Orange Order is July 5th and said there was "nothing special" about the date of September 27th, adding she had hoped parties might agree a midway point while legal issues were resolved.

The parade was cleared to go ahead on Sunday at 8am on the Garvaghy Road, departing from Drumcree Church with 35 participants in a silent procession with no bands. The case was also set to return to a different High Court judge for a further hearing, with Keegan deciding in the early hours of Sunday whether it would be remitted to Belfast High Court.