Drumcree Parade Ban Legal Challenge Dismissed by Belfast High Court

A legal challenge against Northern Ireland Secretary Sir Chris Bryant’s decision to ban the Drumcree Orange Order parade has been dismissed at Belfast High Court. The challenge concerned both the Secretary of State’s intervention and the role of PSNI Chief Constable Jon Boutcher.

High Court dismisses Drumcree parade legal challenge

A Drumcree parade legal challenge against Northern Ireland Secretary Sir Chris Bryant’s decision to stop the Orange Order procession along Portadown’s Garvaghy Road has been dismissed at Belfast High Court.

Mr Justice Scoffield delivered his ruling on Wednesday, 28 October, following a judicial review brought by a member of the Portadown Orange lodge.

The proceedings challenged the legality of Sir Chris Bryant’s intervention and also examined the role of PSNI Chief Constable Jon Boutcher.

Further details from the judgment, including the judge’s full reasoning, are expected to emerge following the ruling.

Why was the Drumcree parade banned?

The dispute followed a determination by the Parades Commission which had permitted Portadown District LOL No 1 to complete a return parade from Drumcree Church on 27 September.

The proposed route included Drumcree Road and Garvaghy Road before continuing towards Portadown town centre.

The official Parades Commission listing showed that conditions had been imposed on the procession.

Large numbers of residents and supporters opposed to the parade subsequently gathered on the Garvaghy Road.

Police assessed that the procession could not safely be facilitated while the crowds remained.

The stand-off continued for almost two weeks, with Orange Order members remaining at Drumcree and making repeated attempts to proceed.

Sir Chris Bryant intervened on October 9

On 9 October, Sir Chris Bryant exercised powers under Section 11 of the Public Processions (Northern Ireland) Act 1998 after receiving a request from Chief Constable Jon Boutcher.

In an [official Northern Ireland Office statement] official Northern Ireland Office statement, Sir Chris said police had advised that allowing the procession to proceed would require a major intervention carrying an unacceptable risk of serious injury and disorder.

He subsequently ruled that the procession could not proceed under the original determination.

The decision followed talks involving the Orange Order and Garvaghy Road residents which failed to produce an agreed resolution.

Court challenge involved PSNI Chief Constable

The judicial review was later expanded to include the role played by PSNI Chief Constable Jon Boutcher.

During hearings last week, lawyers challenged what they described as the legality of the decision-making process which resulted in the parade being stopped.

Counsel representing Sir Chris Bryant argued that, given the circumstances facing him at the time, the Secretary of State could have taken “no other decision” than to halt the march.

The court also heard evidence concerning the security assessment available to police at the time.

Mr Justice Scoffield has now dismissed the legal challenge.

The full implications of the judgment will become clearer once detailed reasons from the court are available.

More Portadown news

For more local updates, visit the [Northern Ireland Online Portadown page] Northern Ireland Online Portadown page.

Northern Ireland Online will update this story as further details from the High Court judgment and responses from the parties involved become available.