The High Court has overturned a Parades Commission decision that would have restricted the annual Orange Order parade at Drumcree in Portadown. The ruling followed a legal challenge brought by a member of the Order, who argued the commission breached legislation.
The Parades Commission had previously banned the July parade from proceeding down the predominantly nationalist Garvaghy Road, a stance consistent with its decisions since 1998. That year, the commission's refusal of permission for the march to pass through Garvaghy Road resulted in significant civil unrest in Portadown and across Northern Ireland.
Lawyers for the applicant contended that the commission had made the Garvaghy Road residents' refusal to engage in talks a prerequisite for the parade restrictions, which they claimed violated legislation. They also argued that the commission imposed restrictions to prevent disorder without presenting evidence of potential trouble. Further claims included that the commission failed to act on a request to consider representations from Carla Lockhart, the Democratic Unionist Party MP for the area, and that commission members had not read or considered their own decision.
Carla Lockhart and Traditional Unionist Voice MP Jim Allister were among the politicians present in court for the proceedings. The court was informed that the commission conceded the case last week, requesting the court to quash its determination before a full hearing could take place.
While the current decision quashes the specific restriction, legal experts suggest that any future parade on the Garvaghy Road would require a new application and a fresh decision from the Parades Commission.