GOVERNMENT RESPONSE
The Long Consultation Process
"Although we understand that at first the
government extended the consultation process to give some organisations
more time to respond to the report by Sir George Quigley, the
process has been running since November 2002 and was then 'left
open'. This has been an excessive consultation period. That a
response from the government in an extremely important area of
policy has taken two years so far and has still not emerged despite
the Minister's evidence to us in April that the government intended
to issue its response for public consultation in the Autumn, is
deeply unsatisfactory. We urge the government to respond to the
issues raised by Sir George Quigley in his report without further
delay. (Paragraph 23)"
The Quigley Report was issued for consultation in
November 2002. Following representations from both sides of the
community, including the Orange Order, it became apparent that
many organisations would benefit from extra time to consider the
report. Ministers therefore decided to extend the consultation
period in order to give all interested parties an opportunity
to respond.
When giving evidence to NIAC, Ian Pearson committed
to responding to both Quigley and any recommendations from NIAC
after NIAC had reported. NIAC reported in January 2005 and a
response was made in February 2005 by written ministerial statement.
This was within six weeks of NIAC reporting.
We believe this is not an excessively long consultation
period. The Government wanted to take on board the views of all
stakeholders and NIAC before coming to a balanced decision on
how to proceed.
The Structural Arrangements
"The evidence we received indicates that
the work of the Parades Commission has been broadly successful
in 'holding the ring' in contentious parades. Others have been
involved in helping to ease the tensions surrounding parades,
especially at local level, and this has been stressed by several
of those who gave evidence to us. However, this does not detract
from the Commission's contribution. Replacing the Commission with
new organisational arrangements for which there is no broad consensus
could undermine progress and place at serious risk the fragile
stability which appears to have developed. The relative peacefulness
of the 2003 and 2004 marching seasons is solid evidence that disputed
parades are increasingly being resolved without recourse to violence.
While the achievements to date should not be overestimated, we
believe that the Parades Commission has made encouraging progress,
and that retaining it offers the best hope for developing the
peaceful resolution of disputes. (Paragraph 36)"
Parades have become increasingly peaceful over the
past few years. The number of contentious parades has fallen.
Out of approximately 2000 parades notified last year, only 200
were regarded as "contentious" and two resulted in serious
public disorder incidents. The Government believes that this
shows the success of the current arrangements in reducing tension.
The Government's position is that the case has not been made
to make fundamental changes to the Parading arrangements and agrees
with the Committee that the Parades Commission remains the best
hope for developing the peaceful resolution of parades.
Extension of Remit Of Parades Commission to
Include Protesters
"Opinion we heard was divided sharply on
whether the same body should have responsibility for decisions
about parades and protests. On balance we recommend that the
same body should be responsible for such decisions, but government
should consider the arguments and take a view on whether or not
changes to the present arrangements could assist in lessening
the tensions surrounding parades. (Paragraph 50)"
The Government is also of the view that the time
is right for the Parades Commission's remit to be extended to
include protests and protesters. The recently enacted Public
Processions (Amendment) (Northern Ireland) Order 2005 will ensure
that from the 15th of May 2005, the Parades Commission
will be responsible for making decisions about all protest meetings
related to all public processions, as well as the processions
themselves.
Clarification of the Position of Supporters
There is a lack of clarity about the status of
followers which requires immediate consideration. The government
needs to ensure in its review of the existing legislation that
there is sufficient clarity about followers in advance of next
year's marching season. (Paragraph 62)
Some doubts had been raised about the Commissions
remit in regard to supporters of Parades. Both the Committee
and PSNI had requested that the matter be clarified in advance
of the Summer of 2005. The Public Processions (Amendment) (Northern
Ireland) Order 2005 makes clear that the Parades Commission can
make determinations that include supporters and will apply to
Parades from the 15th of May 2005.
Band Registration
"We note with concern the disruptive effect
of some band parades and the lack of formal oversight arrangements.
The Commission should make its proposed discussions with the
police about the register of bands a priority. When these discussions
are concluded, the government should consider exercising the power
available to it under section 12 of the 1998 Act to introduce
a scheme of registration for bands. (Paragraph 90)"
The Government looks forward to seeing what proposals
the Parades Commission and PSNI bring forward on the issue of
band registration. Such a scheme would have potential merits but
the Government would want to be sure that it would effectively
tackle the problems of badly behaved bands.
The Role of the Police
"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.
(Paragraph 92)"
The Government agrees with the Committee on this
issue. It believes that the Parades Commission remains the right
organisation to consider all the relevant factors in regard to
parades and related protest meetings. It will make a balanced
judgement and where necessary make determinations that impose
conditions on them.
Mediation
"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. (Paragraph 95)"
The Government believes that agreed outcomes that
reflect a mutual respect for each others' rights, traditions and
sensitivities remain the best solution for contentious parades
in Northern Ireland. Mediation is an important mechanism that
provides a basic framework within which competing and conflicting
interests can be negotiated to reach mutual understanding that
is essential to resolving parading disputes. However there has
not been agreement about how best to deliver mediation.
Accordingly the Government launched a consultation
exercise on the 22 February 2005 that sought views on the most
effective way to provide and support mediation for contentious
parades. It considered the following questions:
· How
parties to mediation can be encouraged to engage meaningfully?;
· What
the most effective way to deliver mediation will be ?;
· Whether
the Parades Commission should be informed of what goes on in the
mediation process and, if so, how ?;
· Who
should participate in mediation? ; and
· Who
should appoint mediators ?
This consultation closed on 31 May 2005 and the results
will receive careful consideration by the Government.
WRITTEN MINISTERIAL STATEMENT
ON PARADES
22 FEBRUARY 2005
The Parliamentary Under-Secretary of State for
Northern Ireland (Mr. lan Pearson):
I have been considering Sir George Quigley's Review
of Parades, the subsequent consultation on his report, the Northern
Ireland Affairs Committee (NIAC) report of January this year and
the events of last summer. Each of these offers different perspectives
on how to go forward and I have come to a balanced decision about
how to respond.
I have decided that a case has not been made to make
fundamental changes to parading arrangements in Northern Ireland.
Parades have been increasingly peaceful over the last few years.
The number of contentious parades has fallen. Out of approximately
2,000 parades notified last year, only 200 were regarded as 'contentious'
and two resulted in serious public order incidents. I think this
shows the success of the arrangements we have here in reducing
tension. I want to echo the words of NIAC, which concluded that
the Parades Commission remains the best hope for developing the
peaceful resolution of disputes. I will therefore not be pressing
forward with the changes recommended by Sir George Quigley at
this time. I am, however, indebted to Sir George for his insightful
and intelligent contribution to the debate around parades in Northern
Ireland. Although I am not adopting his recommendations, my thinking
has been greatly influenced by his work and I am, indebted to
him for his insightful and intelligent contribution to the debate
around parades in Northern Ireland.
I shall be laying an Order in Council to amend the
law on parades. The Order makes clear that the Parades Commission
can make determinations that include supporters and followers.
Some doubts have been raised about the Commission's remit. The
police and NIAC have asked me to put the matter beyond doubt before
the summer.
At the same time, I intend to take on board Quigley
and NIAC's recommendation that parades and related protests should
be considered by the same body. The Order will bring protestors
within the remit of the Parades Commission. I have been persuaded
that the time is right for the Parades Commission to take on this
function.
I am also launching a wide-ranging consultation exercise
on mediation. I think there is a great deal of potential for mediation
to help defuse the tensions surrounding parades and I firmly believe
that agreed outcomes are the best way to resolve disputes. However,
there has not been agreement about how best to deliver mediation.
I have today published a consultation paper on these issues. The
consultation will close on 23 May 2005.
NIAC's report contained other recommendations about
how the Parades Commission could make the way it carries out its
work more effective. I am aware that the Commission are examining
these and I look forward to hearing their response.
