Parade ban reflected reality of situation, court told

The decision to ban an Orange Order parade along the Garvaghy Road reflected the reality of the situation and the fact that the policing situation had changed, the High Court in Belfast has been told.

Portadown District of the Orange Order is attempting to overturn the decision by Northern Ireland Secretary of State Chris Bryant to ban its parade, which had been due to take place on Sunday, 27 September.

It could not proceed because thousands of protesters blocked the route and the Northern Secretary exercised his statutory powers to ban it after a 13-day stand-off.

On the second day of the legal challenge, a barrister for Mr Bryant said he had made the decision after prolonged engagement with all of the parties involved and had concluded that it was not possible to achieve an agreed resolution.

The Northern Secretary made the decision after a request from PSNI Chief Constable Jon Boutcher to review the original determination by the Parades Commission to permit a parade along the route for the first time in 28 years.

While the PSNI had initially told the Parades Commission that there was no intelligence to suggest a risk of public disorder if there was a parade, that position had changed.

Barrister Philip McAteer referred to an intelligence assessment provided by the Chief Constable on 9 October, the day Mr Bryant banned the parade.

He told the court that the PSNI's assessment at that time was that all available, lawful and proportionate options to facilitate completion of the parade had been exhausted.

It added that any remaining options would require a substantial public order intervention "which would carry an unacceptable risk of serious injury, disorder and a wider contagion affect across Northern Ireland".

"The decision reflected the reality of the situation," said Mr McAteer.

"It was to mitigate risks and avoid public disorder and crime," he added.

The Orange Order claims the Northern Secretary was wrong in law, partly because he acted on "immaterial" information provided by the Chief Constable.

That is a reference to comments by Mr Boutcher that a failed policing operation to facilitate the parade could have "catastrophic consequences" for trust in policing as well as the Stormont Executive and the peace process.

A lawyer for the PSNI told the court yesterday that "no one in their right mind" would think that the police should not consider the potential wider impact of a situation that could result in serious public disorder.

Peter Coll KC said it was the professional view of the Chief Constable that any policing operation to facilitate the parade was likely to fail both operationally and in line with its strategic objectives to preserve life and protect the public.

The hearing continues.