A judge has urged legal parties in the Drumcree march dispute to “step back from the abyss” and “reach agreement for the sake of everyone in Northern Ireland”.
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judge → urge → Ireland
Lawyers are engaged in a High Court proceeding as residents of the predominantly nationalist Garvaghy Road have launched a legal challenge against a ruling to permit the Orange Order to walk down the street for the first time in 30 years.
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residents → engage → years
The commission placed a number of restrictions on the procession, including an 8am start time on Sunday and limiting it to 35 participants.
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commission → place → participants
On Saturday, barrister Denise Kiley KC representing Garvaghy Road residents said they had been given the PSNI’s written assessment in relation to the proposed march on Sunday and an earlier procession due to take place on July 5 that did not go ahead.
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that → represent → July
She said the issue is significant because the Parades Commission concluded in their ruling they “had no information that there is potential for disorder”.
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they → say → disorder
Ms Kiley said that ruling “is something that is directed to future risk but what we have in the police assessment are entirely directed to past risk”.
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have → say → risk
She said the most relevant question fell under a heading about “public disorder or damage to property which has occurred previously”.
“So it’s directed entirely to the past, so then the answer provided by the PSNI is unsurprisingly directed entirely to the past,” she said.
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she → say → past
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She said the PSNI said there had been “no disorder associated with the return parade” in recent years.
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PSNI → read → years
“Nowhere there do we see any assessment of future risk,” she said, questioning the evidential basis for the decision given that “the determination that is under challenge squarely makes a finding about future risk”.
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that → see → risk
“On the face of it for the reason that I’ve given, it is not in fact an answer so it rather begs further questions,” she said.
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she → give → questions
She added: “That all leads to a requirement for more time and for the Parades Commission to explain the discrepancy that is apparent on the face of the documents”
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that → add → documents
Ms Kiley said previous PSNI assessments given to the commission were also relevant given the fact “this is a departure from an established position”.
“The determination does not explain why it departed from the previous standard in civil practice,” she said.
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she → say → practice
High Court judge Justice Patricia Smyth said some of the issues brought up by the residents may lead to temporary leave being granted.
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leave → say → residents
“To make an informed decision about the lawfulness of the Parade Commission decision, there is further information and potentially evidence that would assist me,” she said.
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she → make → me
The judge acknowledged that her task is not appealing against the Parades Commission decision “based on its merits”.
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task → acknowledge → merits
“It is unfortunate that the Parades Commission decision was only made public late yesterday afternoon and therefore all parties had to respond appropriately on behalf of their clients and no fault is attributable to any of the legal representatives or indeed any of the parties,” she said.
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she → make → parties
She highlighted that the information provided to the court from the PSNI has “prompted further inquiries” and “further time would be of benefit to the court”.
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time → highlight → court
The judge said the issue they are dealing with is of “fundamental importance”.
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they → say → importance
“It is right to say that much has improved between the two communities in the area but it is fragile,” she said.
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she → say → area
“In my view it would be contrary to justice and unwise to proceed to make a decision in the absence of information in relation to the issues I have identified,” she said.
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she → proceed → issues
Ms Smyth added that the important date for the Orange Order is July 5 and therefore “there is no prejudice in adjourning for a short period to allow this case to be prepared by all parties”.
“Indeed, I think it is to the disadvantage of the Orange Order and the Parades Commission for the parade to proceed,” she said.
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she → add → Order
The judge concluded: “I urge parties again to reach agreement for the sake of everyone in Northern Ireland,” encouraging them to “be big enough to step back from the abyss”.
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I → conclude → abyss
Earlier, Tony McGleenan KC, representing the Parades Commission outlined the options available to the court.
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KC → represent → court
He said there would be “no prospect” of the Parades Commission reconsidering, stating they would not have time to reconsider the decision at this stage, flagging that an application had been made for a 5,000-attendee protest against the march on the Garvaghy Road at 7am.
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application → say → am
Mr McGleenan said if the court quashes the determination by the Parades Commission then the march would lawfully be able to proceed without restriction, as those are imposed as part of that body’s ruling.
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those → say → ruling
A third option available to the judge is an injunctive release – making an order preventing the procession going ahead.
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procession → make → order
“Given the time pressure we’re under we should get to that point,” he said.
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he → give → point
Mr McGleenan also warned against the “courts being drawn into a merits review of decision making”.
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courts → warn → making
“I can see the ready temptation for an applicant to say to the judge at two o’clock to say, we need more information to understand the merits of the decision,” he said.
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he → see → decision
The judge highlighted that there is “nothing special” about the date of September 27 and said she “had hoped parties might agree some midway to hold the status quo” while legal issues are resolved.
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issues → highlight → quo
She also said that notification of counter protest “needs to be taken into account”.
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notification → say → account
Peter Coll KC representing the PSNI, said the terms threat assessment or risk assessment is not phraseology used by police to describe their submissions to the Parades Commission.
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terms → represent → Commission
Referring to the request for all police submissions in relation to the more than 1,000 Drumcree Parade applications over 28 years he expressed “some scepticism as to how practical that might be”.
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that → refer → scepticism
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