The Orange Order has condemned new legislation that allows
the Parades Commission to impose restrictions on parade supporters
as a "half-baked and confrontational measure deliberately
designed to further antagonise and marginalize the entire
Unionist community of Northern Ireland."
The Public Processions (Amendment) (Northern Ireland) Order
2005 which came into force this week requires organisers of
loyal order parades to notify the Commission in advance of
the number of supporters who will attend. The Commission will
then be able to take into account any misbehaviour by supporters
to justify banning or restricting future parades.
A spokesman for the Grand Orange Lodge of Ireland said: "Even
by the asinine standards of the Parades Commission, this new
regulation is crazy and unenforceable.
"How can organisers possibly be expected to state accurately
in advance how many people will turn up to support a parade?
What is the difference between a supporter and a spectator?
And - short of making them wear armbands or some other symbol
- how will the police distinguish between notified supporters
and un-notified ones?"
The new law defines a supporter as "(a) someone who
is in a public place and in close proximity to persons taking
part in the procession; and (b) in all circumstances (including
his conduct) his presence in that place may reasonably be
taken as expressing support for the holding of the procession."
"This definition is so vague as to be meaningless",
said the Grand Lodge spokesman. "How close is 'close
proximity' - three feet, 30 feet or 300 feet? Will a child
waving a small Union Jack as a parade passes be deemed to
be 'expressing support'? And what happens if the organiser
notifies the Commission of 100 supporters and 200 turn up
on the day?
"We want everyone associated with our parades to behave
properly but a parade organiser cannot reasonably be expected
to take responsibility for the conduct of bystanders. If one
of our parade marshals tries to physically restrain someone
whose misbehaviour may cause the Commission to restrict further
parades, he could find himself charged with common assault."
The spokesman added that judging by the Orange Order's informal
discussions to date, senior PSNI officers appeared to be equally
confused and at odds about how the new law should be enforced,
and its potential effect on public order this summer.
"This ridiculous regulation - like everything else emanating
from the Parades Commission - doesn't provide a solution,
it will just cause more problems and more resentment. We've
consulted our lawyers and we are exploring a number of options
on how we can test the new law both on the streets and in
the courts."
The Grand Lodge spokesman said it also planned to raise its
concerns in a series of forthcoming meetings with Unionist
politicians, business leaders and senior churchmen.
"We shall use these meetings to lobby support for the
Parades Commission to be scrapped. This unelected quango has
completely failed in its mission and it's high time the Government
focussed on a new regulatory process governing all aspects
of cultural display in Northern Ireland - a process that is
fair, reasonable and transparent, and one with which the Orange
Order can, and will, fully engage."
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