4 CONCLUSION
91. A key aim of the Public Processions (Northern
Ireland) Act 1998 is to encourage parties to a parades dispute,
through the Parades Commission, to reach a local accommodation.
Our inquiry has demonstrated that the Parades Commission has made
progress in achieving that aim. While the overall number of parades
has grown, the number of contentious parades in Northern Ireland
has shown a steady decline, and there are positive signs of a
greater willingness in parade organisations and residents groups
to engage in direct dialogue to resolve disputes.
92. It is our strong view that the responsibility
for decisions on restricting parades based on public order considerations
should not revert to the police. If this were to happen, it is
likely that the perception would grow that the police were again
directly involved in the parades determination process. This would
undermine the recent strides made to provide Northern Ireland
with a police force anchored securely in all parts of the community.
It is our view that greater openness on the part of the Parades
Commission about the grounds of determinations, including public
order considerations on which the advice of the police will have
been taken, will assist in achieving the increase in police accountability
which is quite properly demanded of a modern force.
93. Replacing the Commission with new organisational
arrangements is likely to involve a lengthy period of uncertainty
and disruption at a point where there is evidence that the present
arrangements are working and there is the prospect of further
progress. We do not consider that it is sensible to embark on
fundamental organisational change unless there are obvious and
proportionate benefits to be gained. Nor do we think it necessary
to include the suggestion in Sir George Quigley's report that
the Public Processions (Northern Ireland) Act 1998 should be amended
to incorporate Article 11 of the European Convention on Human
Rights and Fundamental Freedoms. To do so would have no new legal
effect because the Parades Commission is currently required to
act compatibly with the Convention rights as a whole, including
Article 11.
94. The current activities of the Parades Commission
should be improved. We were concerned by the depth of frustration
felt by the parading organisations over the lack of detail provided
by the Commission about objections to parades. This perceived
lack of transparency has contributed to the low level of confidence
which the Unionist community has in the Commission. Everything
possible must be done to improve that confidence. We recognise
the crucial importance of protecting the identity of those raising
objections to parades. Imaginative improvements in transparency
to make the nature of objections to parades clearer and more accessible
to parade organisers need not compromise the security of objectors.
By providing in its determinations fuller explanations about the
conclusions it reaches on the impact of a parade on community
relations, the Parades Commission will do much to help foster
cross-community confidence in its operation. Wherever possible,
public order considerations should be included in these explanations.
95. We believe that the Commission's involvement
in mediation needs to be revitalised. A review of the process
needs to be undertaken urgently, and the Commission's Authorised
Officer cadre strengthened as a key part of a vigorous, proactive
and, we trust, progressively successful mediation operation. The
government must ensure that there are sufficient funds available
to the Commission for this purpose.
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