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Public Processions in Northern Ireland and Restates This Law in the Form of Primary Rather Than Secondary Legislation

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Public Processions in Northern Ireland and Restates This Law in the Form of Primary Rather Than Secondary Legislation RESEARCH PAPER 98/11 Public Processions in 13 JANUARY 1998 Northern Ireland This paper summarises the current public order legislation in Northern Ireland and considers some analyses of the issues surrounding parades in Northern Ireland. It also describes the background to the introduction of the Public Processions (Northern Ireland Bill) [HL] [Bill 101 of 1997-98] which received a Second Reading in the House of Commons on December 18th 1997, having completed its passage through the House of Lords. The paper goes on to summarise the Bill’s provisions and the Parliamentary debate on its provisions. Mary Baber HOME AFFAIRS SECTION HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: 98/1 The Scotland Bill: Devolution and Scotland's Parliament 07.01.98 98/2 The Scotland Bill: Some Operational Aspects of Scottish Devolution 07.01.98 98/3 The Scotland Bill: Some Constitutional and Representational Aspects 07.01.98 98/5 The Scotland Bill: the Scottish Parliament and Local Government 07.01.98 98/7 Regional Development Agencies Bill [Bill 100 of 1997/98] 09.01.98 98/9 Regional Government in England 13.01.98 97/120 The European Parliamentary Elections Bill [Bill 65 of 1997/98] 19.11.97 97/129 The Government of Wales Bill: Devolution and the National Assembly 04.12.97 97/130 The Government of Wales Bill: The National Assembly's Partners 04.12.97 97/132 Government of Wales Bill: Operational Aspects of the 04.12.97 National Assembly Library Research Papers are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of these papers with Members and their staff but cannot advise members of the general public. CONTENTS Page Summary I Introduction: a right to take part in processions and assemblies 5 II Current public order legislation in Northern Ireland 6 III Contested processions and parades in Northern Ireland 11 IV Proposals for change in the arrangements for resolving disputes over parades 17 VThe Public Processions (Northern Ireland) Bill [HL] (Bill 101 of 1997-98) 23 A. The Parades Commission for Northern Ireland 23 B. The Parades Commission’s Code of Conduct, Procedural Rules and Guidelines 25 C. Arrangements for regulating parades and processions 28 D. The debate in the House of Lords 35 E. The debate in the House of Commons 41 Appendix: Controls on processions in England and Wales and Scotland 51 A. Notice requirements 51 B. Imposing conditions on processions 53 C. Prohibiting public processions 54 Summary This paper begins by noting that there is at present no legal right to march under UK law, although the European Convention on Human Rights, which the Government intends to incorporate into UK law through the Human Rights Bill, currently being considered by the House of Lords, provides a right to freedom of peaceful assembly, subject to certain qualifications. The paper goes on to describe the current statutory arrangements for regulating processions and parades in Northern Ireland. The equivalent provisions for England and Wales and Scotland are set out in an Appendix. The paper goes on to consider the background to the parading issue in Northern Ireland. There has been a substantial increase in the number of parades in recent years and while most cause no problems, a small number have caused controversy and conflict within the community. The previous Government responded to particular problems arising from a dispute over a parade at Drumcree in 1996 by setting up a review, under the chairmanship of Dr Peter North. The report of this review recommended, that an independent commission be established as a focus for promoting and facilitating mediation and the search for local accommodation in respect of contentious parades. It also proposed that the Commission be given legal powers to issue determinations with respect to particular parades, taking over from the police in this respect. The North Report received support from all the major parties at Westminster and the previous Government established the Parades Commission as a mediating body on a non-statutory basis, pending legislation to give it powers to make determinations. The Public Processions (Northern Ireland)Bill, which has completed its passage through the House of Lords and received a Second Reading in the House of Commons, is designed to provide a statutory basis for the Commission and set out its functions, including the power to make determinations, although the Government intends that this power should only be used as a last resort. The Bill makes a number of other amendments to the law concerning public processions in Northern Ireland and restates this law in the form of primary rather than secondary legislation. This paper describes the Bill’s provisions. It then goes on to consider some if the debate on these provision in the House of Lords, before concluding with extracts from the debate on the Second Reading of the Bill in the House of Commons. Research Paper 98/11 I Introduction: a right to take part in processions and assemblies There is at present no express statutory or common law right of assembly in UK law, although the courts do sometimes refer to the existence of fundamental rights in general and to the rights of peaceful assembly and public protest in particular. The creation of powers and procedures to allow for the imposition of bans and controls on public processions and public assemblies in specified circumstances can be taken as an implied acknowledgement that there is a general right to process and assemble which may, however, be modified or diminished in certain specified circumstances. The traditional view of the common law is that it permits those acts or omissions which are not forbidden. It thus tends only to acknowledge rights in the negative rather than the positive sense. Processions, marches and demonstrations are only lawful to the extent that they do not contravene any other law, rather than because the law recognises a positive right of assembly. Article 11 of the European Convention on Human Rights, which the Government’s Human Rights Bill seeks to incorporate into UK law, provides a right to freedom of peaceful assembly, subject to a number of limitations. The article states that: 1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the state. 5 Research Paper 98/11 II Current public order legislation in Northern Ireland The principal measure of public order legislation in Northern Ireland is the Public Order (Northern Ireland) Order 19871, which came into operation in April 1987. The 1987 Order replaced the Public Order (Northern Ireland) Order 19812, a consolidation measure which had gathered together in a single Order provisions on a number of different issues including the holding of processions and the preservation of public order during processions. The 1981 Order had contained provisions requiring written notice to be given of forthcoming processions3. It also enabled senior police officers to impose conditions on processions, including conditions prescribing the route and prohibiting the procession from entering a specified place.4 The Secretary of State also had powers under the 1981 Order to make orders prohibiting all public processions or open-air public meetings, specified classes of public procession or open-air public meeting, or permitting a particular procession or meeting while prohibiting another in the same place or area5. In March 1986 the Conservative Government announced that it would be reviewing Northern Ireland's public order legislation in the light of the changes which were to be brought in for England and Wales by the legislation which became the 1986 Public Order Act. A proposal for a Draft Order in Council designed to bring Northern Ireland more closely into line with the rest of the UK was published on December 1st 1986. A draft Order in Council was subsequently laid before Parliament on February 19th 1987 and debated in both Houses on March 10th 1987.6 The Unionist parties did not participate in the debate, which took place during the lengthy protest against the Anglo-Irish Agreement of November 1985. Some Unionist Members, including Sir James Molyneaux and Rev Ian Paisley, protested at the new law by participating in a march through Belfast on April 10th 1987, but there was a low turn out for the "Day of Defiance" which had been called for the following day. The provisions of the 1987 Order concerning parades and other processions are summarised below. Article 3 of the 1987 Order requires a person proposing to organise a public procession, (other than a funeral procession or a procession of a class or description specified by the Secretary of State) to give written notice of the proposal to the RUC, by leaving the notice with an officer of 1 SI 1987/463 (N.I. 7) 2 SI 1981/609 (N.I 17) 3 SI 1981/609 (NI 17) Article 3 4 SI 1981/609 (NI 17) Article 4 5 ibid Article 4 6 HC Deb Vol 212 c217-266 10.3.1987; HL Deb Vol 485 c1017-1042 10.3.1987 6 Research Paper 98/11 at least the rank of sergeant, at the station nearest to the proposed place of commencement of the procession.
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