Item 1

th City Council 16 April 2019

Public Processions Committee

Report by Director of Governance and Solicitor to the Council

Contact: Mairi Millar Ext: 75509

Public Procession Apprentice Boys of Derry (Bridgeton)

Purpose of Report:

To ask Committee to consider a notification in relation to a proposed procession to be held on Sunday 21 April 2019 by the Apprentice Boys of Derry (Bridgeton) (“the Procession”).

Recommendations:

The Committee is asked to note the contents of this report and agree that the Procession to be held by the Apprentice Boys of Derry (Bridgeton) (“the Organiser”) should proceed on 21 April 2019; but in doing so consider one or more of the following Options:

Option 1: That the Procession is allowed to proceed as per the terms of the notification as amended by the Organiser;

Option 2: That conditions are imposed on the Procession so as to require it to assemble in Tullis Street at 0930 hours and start at 0945 hours and return from Cathedral Square at 1215 hours, or such other times as Committee considers appropriate;

Option 3: That conditions are imposed so as to require an amended outward route of Tullis Street, Main Street, Bridgeton Cross, London Road, Fielden Street, Gallowgate, Bellgrove Street, Duke Street, John Knox Street, dispersing into Cathedral Square; with the return route starting at Cathedral Square, John Knox Street, Duke Street, Bellgrove Street, Gallowgate, Fielden Street, London Road, Bridgeton Cross, James Street, Mackeith Street, Main Street, dispersing into Tullis Street, or such routes as the Committee considers appropriate.

Ward No(s): 9 Citywide: 

Local member(s) advised: Yes X No  consulted: Yes  No 

1 Background

1.1 Parades and processions are governed by legislation, namely Part V of the Civic Government ( ) Act 1982 as amended. It should be read in conjunction with the Scottish Government Guidance on “Review of Marches and Parades in Scotland” December 2006 issued in terms of s.65A of the 1982 Act.

1.2 A local authority must take into account the likely effect of holding a procession in relation to the following four factors:

 public safety,  public order,  damage to property, and  disruption to the life of the community.

1.3 In addition, it has to be noted that local authorities must recognise the fundamental rights contained in the European Convention on Human Rights in relation to freedom of assembly and of association. Any local authority must act within the current European and domestic legislation and balance the rights of individuals and groups to hold processions, with the rights of others to go about their business without unnecessary disruption.

1.4 The Local Authority must consult with the Chief Constable in relation to parades and processions, and Local Authorities must take account of whether a procession (either alone or with other events) would place too much of a burden on the police.

1.5 Local Authorities are required to examine all factors before deciding whether it would be appropriate to place conditions on a procession, or prevent it from taking place and any decision must be proportionate taking account of the aim it is trying to tackle.

2 Public Procession Notification submitted by The Apprentice Boys of Derry (Bridgeton) (“the Organiser”)

2.1 On 20 February 2019, a Public Procession Notification was submitted to (“the Council”) by the Organiser. They proposed an inward route from Tullis Street, Main Street, Bridgeton Cross, London Road, Trongate, High Street, John Knox Street, and into Cathedral Square for an Easter Sunday Parade. The return route would leave from Cathedral Square, High Street, Trongate, Gallowgate, Moir Street, London Road, Bridgeton Cross, James Street, Mackeith Street, and Main Street dispersing in Tullis Street.

2.2 The Procession Notification indicated the reason for the procession as ‘Easter Sunday Parade’. It also indicated that there would be 80 participant, plus one band, and that the procession would take approximately 1 hour for each procession. The planned date for the procession is Sunday 21 April, 2019 with assembly at 0930 hours and departure at 0945 hours and the return parade would assemble at 1200 hours and start at 1215 hours. 3 Incident at St Alphonsus Church on 7 July 2018

3.1 On Saturday 7 July 2018 a parade marched in London Road, near to St Alphonsus Church. A priest was assaulted outside the Church and a man has since pled guilty and been given a custodial sentence. This has been widely documented in the press.

3.2 The route proposed by the Organiser for the planned procession on 21 April 2019 includes London Road, passing by St Alphonsus Church on both the outward and return route. The parade will be passing the church at a time of increased activity due to Easter Sunday services taking place at both St. Alphonsus and its sister church St. Mary’s.

3.3 As a direct consequence of the Incident and the subsequent increase in community tensions, the Organiser was advised of the concerns and asked to consider an alternative route on both the inward route and the return route so as to avoid passing by St Alphonsus Church.

3.4 The following suggested amended return route was put forward by the Organiser so as to avoid the principal timings of the service at St Mary’s Church:-

 Cathedral Square, John Knox Street, Duke Street, Bellgrove Street, Gallowgate, Fielden Street, London Road, Bridgeton Cross, James Street, Mackeith Street, Main Street, dispersing into Tullis Street.

3.5 In terms of the proposed outward route put forward by the Organiser, this would still pass by St Alphonsus Church and the proposed amended route would still pass by St Mary’s on the return. The original proposal would have passed by St Alphonsus on both the outward and return routes.

4 Representations

4.1 Following publication of the terms of the Organiser’s notification on the Council’s website, 81 representations have been received from members of the public and representatives of St Alphonsus.

4.2 A number of the representations raise significant concerns regarding the procession going past St Alphonsus Church on Easter Sunday and that it will inflame tensions and fears in the local community. Many of the representations refer to the procession being anti-Catholic, anti-Irish and going against the sanctity of what they consider to be the most religious day of the Christian calendar. One individual in his representation raises significant concerns for his own safety if the procession is allowed to proceed past this church.

5 Comments from Police Scotland

5.1 Police Scotland has been consulted on the terms of the notification and has been made aware of the terms of the representations received. They have advised that while they are aware of continuing concerns in the local community, they have no intelligence or information which would indicate a likely risk to public safety, public order, damage to property or disruption to the life of the community.

5.2 Police Scotland has also confirmed that a proportionate police operation will be in place to ensure the rights and safety of all are protected.

6 Processions Passing Churches

6.1 For the avoidance of doubt, there is no policy to prohibit processions past any churches, or the particular churches at St Mary’s and St Alphonsus. Indeed a procession organised by Orange and Purple District 37 recently past St Alphonsus church on 16 February 2019, without incident.

6.2 However, given the terms of the representations received, there is clearly continuing concern in the local community regarding this procession passing these particular churches on Easter Sunday.

7 Considerations

7.1 In discharging its statutory duties in relation to processions, it is incumbent on the Council to assess individual proposals against the four criteria outlined in paragraph 1.2 above. In undertaking this assessment the Council must also take into account the views of Police Scotland, and in placing any restrictions on a procession, the Council must satisfy itself that these measures are proportionate and necessary. It is the Council’s responsibility, in consultation with Police Scotland, to appropriately assess proposals and the likely effect of holding this Procession on public safety, public order damage to property and disruption to the life of the community.

7.2 It should be noted that the Apprentice Boys of Derry (Bridgeton) have for over 10 years paraded on a route which has passed by St Alphonsus Church and have not encountered or caused any issues or concerns. The Organiser did not have a procession on Easter Sunday 2018.

7.3 However, in light of the incident last year at St Alphonsus, and the continuing fears and tensions in the local community as evidenced by the significant number of representations received, as well as the likelihood of a counter protest, Committee may consider it necessary to place proportionate restrictions on the Procession to seek to mitigate this impact.

7.4 Accordingly, Members are asked to consider whether to allow the procession to proceed as per the terms of the notification, as amended by the Organiser, or whether to alter the proposed route and/or time of the Procession in order to mitigate any potential disorder and reducing negative impact on the functioning of the City and people going about their legitimate business.

7.5 It is therefore recommended that the Committee considers the Options set out in the Recommendations to this Report.

8 Resource Implications: Financial: None.

Legal: Legal advice has been sought.

Personnel: None.

Procurement: No Procurement Issues

Council Strategic Plan: No Direct Impact

Equality Impacts:

Does the proposal No EQIA carried out as the report does not support the relate to a new service, policy, strategy plan or Council’s Equality significant change/review of a service, policy Outcomes 2017-22 strategy or plan

What are the no significant impact, positive impact or potential equality negative impact impacts as a result of this report?

Sustainability Impacts: Environmental: No Impact

Social: As outlined in the report.

Economic: No Impact

Privacy and Data No Impact Protection impacts:

9 Recommendations

9.1 The Committee is asked to note the contents of this report and agree that the Procession to be held by the Apprentice Boys of Derry (Bridgeton) (“the Organiser”) should proceed on 21 April 2019; but in doing so consider one or more of the following Options:

Option 1: That the Procession is allowed to proceed as per the terms of the notification as amended by the Organiser;

Option 2: That conditions are imposed on the Procession so as to require it to assemble in Tullis Street at 0930 hours and start at 0945 hours and return from Cathedral Square at 1215 hours, or such other times as Committee considers appropriate;

Option 3: That conditions are imposed so as to require an amended outward route of Tullis Street, Main Street, Bridgeton Cross, London Road, Fielden Street, Gallowgate, Bellgrove Street, Duke Street, John Knox Street, dispersing into Cathedral Square; with the return route starting at Cathedral Square, John Knox Street, Duke Street, Bellgrove Street, Gallowgate, Fielden Street, London Road, Bridgeton Cross, James Street, Mackeith Street, Main Street, dispersing into Tullis Street, or such routes as the Committee considers appropriate.