Northern Ireland parade ban challenged after gun warning

The legal challenge also questions whether the police chief strayed into politics by citing potential damage to Northern Ireland’s power-sharing government and peace process.MANCHESTER, England (CN) — Police intelligence warned dissident republican militants might use firearms against officers if police cleared protesters to let an Orange Order parade pass through a disputed Northern Ireland neighborhood, a Belfast court heard Monday.A member of the Orange Order is challenging Northern Ireland Secretary Chris Bryant’s decision to ban the planned march along Garvaghy Road in Portadown.The case also questions whether Police Service of Northern Ireland Chief Constable Jon Boutcher exceeded his powers by asking Bryant to reconsider approval for the parade.The Orange Order is a Protestant organization associated with British unionist identity and marches celebrating Protestant heritage. Its traditions include commemorating the 1690 victory of Protestant King William of Orange over Catholic King James II.Unionists, who want Northern Ireland to remain part of the U.K., are predominantly Protestant, while Irish nationalists and republicans, who seek a united Ireland, are predominantly Catholic.Garvaghy Road runs through a predominantly Catholic and Irish nationalist area of Portadown.Disputes over Orange Order marches through nationalist neighborhoods have been a longstanding source of tension.Intelligence warnings of firearms and petrol bombsLawyer Richard McConkey, representing the Orange Order member, read from police intelligence assessments indicating it was “almost certain” dissident republicans had attended protests blocking the route.Police assessed it was possible the militants had access to firearms and might use them against police if officers removed protesters.The intelligence also warned police intervention could trigger serious disorder involving petrol bombs. It cited concerns among mainstream republicans about their ability to prevent disorder or control dissident militants.McConkey said the case concerned the legality of the decisions leading to the ban, rather than whether the parade should have gone ahead.He argued Boutcher strayed into political considerations by warning facilitating the march could have “catastrophic” consequences for Northern Ireland’s devolved government and the peace process.Northern Ireland’s power-sharing government, based in Belfast, brings together unionist and nationalist parties under arrangements established by the 1998 Good Friday Agreement, which helped end decades of conflict.The challenge contends those political considerations were irrelevant to operational policing and undermined Bryant’s decision.The applicant’s lawyers also argue the secretary of state made an error by giving equal weight to the lawful parade and the protest that prevented it from going ahead.Peter Coll, representing the police service, said officers had exhausted all lawful and proportionate options to facilitate the march.By Oct. 9, he said, the dispute had reached a prolonged stalemate, with no indication the opposing sides would change their positions.Any attempt to clear the route would have required substantial public order intervention and carried an unacceptable risk of serious injury and prolonged disorder, Coll said.The consequences could also have affected policing elsewhere in Northern Ireland.He said Boutcher had to consider the wider situation, not only the operational circumstances faced by officers on the ground. Coll argued the chief constable’s request for Bryant to intervene was based on policing considerations.Police powers and political consequencesBryant, the British government minister responsible for Northern Ireland affairs, banned the parade on Oct. 9 after Boutcher asked him to review the Parades Commission’s decision approving the route.The commission, an independent body that regulates contentious public processions, had prevented the parade from proceeding along Garvaghy Road since 1998. A High Court ruling quashed its decision blocking this year’s route in August, leading to permission for the march to go ahead under restrictions.The commission approved the procession on Sept. 25, limiting it to 35 marchers. But residents and their supporters blocked the road when the parade was due to take place two days later, preventing the marchers from completing the route.The resulting standoff lasted almost two weeks before Bryant intervened.The legal challenge now tests the limits of the government’s power to stop an approved parade on public safety grounds and how far police chiefs can consider broader political consequences when advising ministers.The hearing is due to continue Tuesday.Justice David Scoffield has said he aims to issue a decision swiftly, either later this week or next.Courthouse News reporter James Francis Whitehead is based in England.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads