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Legal challenge to Drumcree Orange Order parade decision under way

Image source, Getty ImagesImage caption, The parade (pictured above in 2018 on a 20th anniversary protest) will be allowed to march on the Garvaghy Road on Sunday

A legal challenge to the Parades Commission's decision to allow the Orange Order to march on the mainly-nationalist Garvaghy Road in Portadown is under way at the High Court in Belfast, where a large crowd has gathered outside.

The commission announced that the parade can proceed on Sunday, for the first time in almost 30 years, with restrictions in place.

Rather than start at 13:00 BST on Sunday as intended, the commission has said the march can depart no later than 08:00 and with 35 participants rather than the 60 the Orange Order requested. No bands or supporters are allowed.

The decision is facing the legal challenge from the Garvaghy Road Residents' Coalition, which opposes the march.

The coalition has also applied to the Parades Commission for a protest to the walk on Sunday, listing the number of participants at 5000. A decision is expected on Saturday, according to the commission. , external

On Saturday, a lawyer for the residents told the High Court it was unclear whether the Police Service of Northern Ireland's (PSNI) assessment referred to in the determination, was the "entirety" of what the police told the Parades Commission.

Their legal team has asked for the full PSNI assessment as well as past assessments in order to see whether there had been any changes.

Counsel for the residents said there had been a "significant change" in the Parades Commission's approach.

Before adjourning the proceedings, Judge Patricia Smyth told the parties involved she would like to hear from them on a way forward in the short amount of time that was available.

According to the Drumcree Catholic Church parish website, external, Mass takes place at 08:30 on Sundays in the church of St John the Baptist on the Garvaghy Road.

When asked by BBC News NI if Mass time had been taken into consideration in their determination, the Parades Commission said commissioners "recognise that the timings set out in the determination" should allow the church service "to proceed as normal".

Image source, Catholic Communications Office archiveImage caption, Archbishop Martin said his thoughts were with those affected by the situation

In a statement issued on Saturday afternoon, the leader of the Catholic Church in Ireland, Archbishop Eamon Martin, called for "prayers and support for a peaceful resolution to complex Garvaghy Road situation".

He said he shares the "sense of shock and disappointment of so many people at recent developments".

The archbishop added his thoughts were with those who this situation brings "back deeply traumatic and painful memories".

"I also appeal for support for the patient use of solely lawful and democratic processes to resolve this deeply complex and emotive situation."

Fr Peter Clarke, from St John the Baptist, said he is concerned the march is "going to clash" with parishioners coming and going from the church.

Following Friday's determination, the priest said he emailed the commission to express his concerns and stated he "doesn't know how they came to" their conclusion, which is now "out of their hands".

Fr Clarke said he has "unhappy recollections" of the Drumcree dispute during the 1990s and "wouldn't like to see" a return to those days.

Parishioners at St Patrick's Church on William Street are also likely to be affected ahead of the 10:00 service, according to the priest.

He added "tensions are high" in the community, and said he will be addressing the situation during Sunday's service.

Image caption, Nigel Dawson, Portadown District Master, says he hopes the parade can pass peacefully

In a statement issued on Saturday, the Portadown District Orange Order branch said while they were "not happy" with further restrictions to their parade, they would "comply fully with the law and determination".

"We now ask our community to do likewise. We would appeal to everyone to conduct themselves responsibly and peacefully and not to do anything that could increase tensions within the community," District Master Nigel Dawson said.

Dawson added the lodge had followed the commissions determinations for 28 years and "all we ask now is that same respect" is shown by those affected by this decision.

Image source, PA MediaImage caption, The decision is facing the legal challenge from the Garvaghy Road Residents' Coalition, pictured arriving to court with their legal team

In the Parade Commission's determination, which was published on Friday afternoon,, external it said it had received "various written and oral submissions" from organisers, residents, police, political parties, church representatives and others.

"This decision is not, and should not be perceived, as a victory for one side or a loss for another," the determination also stated.

The Garvaghy Road Residents' Coalition lodged a judicial review after the commission gave the Orange Order permission to march on Garvaghy Road.

Image source, PA MediaImage caption, The Parades Commission has determined that the parade can depart Drumcree Parish Church no later than 08:00 BST on Sunday

Speaking on his way into court, Breandán Mac Cionnaith, from the coalition, said they were going to court "to convince the law to see sense".

"We are here to seek justice for our community in Portadown."

On Friday, group said they were ''furious'' over the decision, adding that the community were "fearful about what will happen over the weekend".

Elected representatives from Sinn Féin and the Social Democratic Labour Party (SDLP) were among the crowd outside the court on Saturday morning.

Image source, PacemakerImage caption, Breandán Mac Cionnaith, from the Garvaghy Road Residents' Coalition, gathered with others outside the High Court in Belfast on Friday

The five-person commission, led by Prof Evelyn Collins, held face-to-face talks with the Orange Order earlier this week, and held a separate meeting with the residents' coalition.

Senior police officers were also consulted about the planned parade.

Within the 31-paragraph determination by the Parades Commission, details were revealed of conversations held with the PSNI.

The document stated: "The police made both written and oral submissions, indicating that they, at the time of making them, had no information indicating that the parade would result in disorder or violence."

The Police Service of Northern Ireland (PSNI) said it had activated "mutual aid arrangements to support contingency planning for a policing operation" in Portadown on Sunday.

It is understood about 200 officers are coming from Scotland.

Image source, Pacemaker PressImage caption, Unionist representative Jamie Bryson and Democratic Unionist Party (DUP) members Carla Lockhart MP, Diane Dodds MLA and Alderman Dean McCullough pictured arriving to court on Saturday morning

On Friday, DUP MP Carla Lockhart said residents have "nothing to fear" and asked them not to get "caught up in hysteria".

"Thirty-five men walking down a road silently with no bands in an orderly fashion.

"These men work, live and do business in this community," she added.

She said Sinn Féin should "show political leadership and ensure calm remains across the community".

Listen on SoundsThe Parades Commission has given the Garvaghy Road march the go ahead after 28 years. Tara Mills and Declan Harvey explore the arguments that tipped the scale.

However Sinn Féin President Mary-Lou McDonald said the decision to allow the parade was "utterly reckless" adding that it shows a "complete disregard" for the rights of the community of the Garvaghy road.

"This is a grave situation, recklessness of this scale of course has implications and consequences," she said.

She called for anyone that can intervene, including the prime minister and taoiseach, to "put this right".

The Parades Commission has been in the political spotlight since its previous Drumcree determination was quashed in the High Court in August.

A review of the commission has since been ordered by the Northern Ireland Office.

The Drumcree parade dispute began in the mid-1990s and it almost derailed the peace process at the time.

Violence related to the dispute resulted in riots, roadblocks and murders.

When the Orange Order was prevented by police from walking down the route in July 1995 there was a tense stand-off. It was the same for the next three years.

The Parades Commission began operating in 1998 to regulate parades and try to defuse tension around marches.

Its decision not to allow a march down the Garvaghy Road that summer has been challenged by the order over the past three decades.

Orange Order has never 'shied away' from Drumcree mediation

Call for international mediator to resolve Drumcree dispute

High Court quashes decision to restrict annual Drumcree parade

Read original at BBC News

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