Court of Appeal rejects Garvaghy Road residents' challenge to Drumcree parade decision
The Court of Appeal in Belfast refused Garvaghy Road residents leave to appeal against the Parades Commission's decision to allow an Orange Order parade, though the parade has since been banned by the Secretary of State.
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The story, neutrally told
Centre · 2The Court of Appeal in Belfast on Monday 12 October dismissed Garvaghy Road residents' bid to challenge the Parades Commission's decision to allow the Drumcree Orange Order parade along the predominantly nationalist road in Portadown. BBC NewsN “The Garvaghy Road residents have failed in a bid to challenge the Parades Commission's decision to allow the Drumcree parade to walk down the predominantly nationalist road, the Court of Appeal has ruled.” Read at BBC News ↗ Evening StandardN “Residents opposed to a contentious Orange Order parade route in Portadown have lost their latest bid to challenge the decision to allow it.” Read at Evening Standard ↗ Centre · 2Lady Chief Justice Dame Siobhan Keegan held that the application for leave to appeal had "no reasonable prospect of success", upholding the High Court's earlier rejection of the residents' judicial review. Evening StandardN “On Monday, Lady Chief Justice Dame Siobhan Keegan upheld that decision, holding that the challenge did not have a reasonable chance of success.” Read at Evening Standard ↗ BBC NewsN “"This application for leave to appeal has no reasonable prospect of success," she held.” Read at BBC News ↗ Centre · 2The residents had argued that the commission failed to properly weigh what police told it about the risk of disorder and reached an "irrational conclusion"; the court found the commission properly dealt with the police assessment and gave adequate reasons. BBC NewsN “the Lady Chief Justice found the Parades Commission properly dealt with a police assessment on the potential risk of disorder and gave adequate reasons for its decision.” Read at BBC News ↗ Evening StandardN “Denise Kiley KC, acting for the residents, contended the commissioners had reached an "irrational conclusion"” Read at Evening Standard ↗
Centre · 2The judges stressed that they ruled only on the lawfulness of the decision, not on whether the march should take place, and that the case was heard and decided before Secretary of State Sir Chris Bryant banned the parade on Friday. BBC NewsN “Judges said their decision was confined to the lawfulness of the decision - it was not deciding whether or not the march should occur.” Read at BBC News ↗ Evening StandardN “"We make no judgment on the merits in the decision itself as that is not our function."” Read at Evening Standard ↗ Centre · 1Bryant's ban followed advice from the PSNI chief constable, and residents ended their constant presence on the Garvaghy Road after it. BBC NewsN “Residents maintained a constant presence on the Garvaghy Road, but that ended on Friday when the NI Secretary Sir Chris Bryant banned the parade following advice from the PSNI chief constable.” Read at BBC News ↗ Centre · 2The Parades Commission had announced in September that the parade could go ahead on 27 September, for the first time in 28 years, starting earlier and with fewer people than the Orange Order wanted. BBC NewsN “The commission said the parade should start earlier than the Orange Order wanted and with fewer people, but could go ahead for the first time in 28 years.” Read at BBC News ↗ Evening StandardN “The commission made the ruling two weeks ago with a number of significant conditions, including limiting numbers and starting earlier.” Read at Evening Standard ↗
Centre · 1On 27 September up to 1,000 people, including nationalist politicians, blocked the road, and repeated Orange Order attempts to walk the route since have been stopped by police. BBC NewsN “That morning, up to 1,000 people - including nationalist politicians - blocked the road, preventing Orangemen marching from Drumcree Church a mile to the west.”“Since then there have been repeated attempts by the Orange Order to walk the route, but they have been stopped by police.” Read at BBC News ↗ Centre · 2Loyalist activist Jamie Bryson called the day "seismic" and said the Portadown District had a legal right to walk the road and that objections were "unarguable as a matter of law". Evening StandardN “Mr Bryson said it was a "seismic day in the Court of Appeal".” Read at Evening Standard ↗ BBC NewsN “"The objections to it were unarguable as a matter of law.” Read at BBC News ↗ Centre · 1Residents' spokesperson Breandan Mac Cionnaith called the judgment "academic" because the parade is banned, said the ban was what residents sought, and said he and his legal team would consider a further challenge. Evening StandardN “The ban is in place, that’s what we sought, we’ve prevented the march, and we’ll be back again to prevent future marches.”“He said he and his legal team will consider further challenge.” Read at Evening Standard ↗
Centre · 1The Drumcree dispute began in the mid-1990s, nearly derailed the peace process and involved riots, roadblocks and murders; the Parades Commission was set up in 1998 to regulate parades. BBC NewsN “The Drumcree parade dispute began in the mid-1990s and it almost derailed the peace process at the time.”“The Parades Commission began operating in 1998 to regulate parades and try to defuse tension around marches.” Read at BBC News ↗
Every sentence links to the reporting it rests on. The pill in front of each says where its sources sit: Left, Centre or Right when one side supplies at least half of them, Mixed when they are evenly split. The number is how many outlets it cites.
Left0 outlets
No left outlet in our sources has covered this story yet.
Centre2 outlets
- Framing
- Both outlets report the judgment straightforwardly, stressing the court's limited legal remit and the later ministerial ban; the Evening Standard leads on the opposing reactions.
- Emphasis
- BBC adds Drumcree history and the 27 September blockade; Evening Standard adds the legal arguments and residents' possible further challenge.
- Leaves out or plays down
- BBC carries no residents' reaction; Evening Standard gives less historical background.
- Charged language
- “seismic”“academic”
- For example
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“Loyalist Jamie Bryson hailed the judgment as ‘seismic’ while Breandan Mac Cionnaith said it was ‘academic’ as the parade remains banned.” — Evening Standard
“Judges said their decision was confined to the lawfulness of the decision, not in deciding whether or not the march should occur.” — BBC News
Right0 outlets
No right outlet in our sources has covered this story yet.
What every side reports
- The Court of Appeal refused the residents leave to appeal, finding no reasonable prospect of success.
- The ruling concerned lawfulness, not the merits of allowing the parade.
- The court heard the case before the Secretary of State banned the parade on Friday.
- Jamie Bryson welcomed the ruling.
Where accounts differ
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Significance of the ruling
- Centre
- Bryson called it "seismic" and said the law was clear; Mac Cionnaith called it "academic" because the parade is already banned (Evening Standard).
Jamie Bryson person
Welcomed the ruling as vindicating the Portadown District's legal right to walk the road.
“the Portadown District had a legal right to walk the Garvaghy Road, the objections to it were unarguable as a matter of law” — Evening Standard
Parades Commission organisation
Argued through counsel Tony McGleenan KC that the claim of legal error did not bear scrutiny; the court agreed it dealt properly with police advice.
“said the suggestion it had made a legal error “doesn’t bear scrutiny”.” — Evening Standard
Left0 articles
No coverage yet.
Centre2 articles
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Garvaghy Road residents fail in bid to challenge Drumcree decision
Neutral Reports the ruling with historical context on Drumcree and the ban.
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Residents lose latest challenge to Parades Commission decision
Neutral Reports the ruling alongside contrasting reactions and legal arguments.
Right0 articles
No coverage yet.
- 12 Oct 15:34 First BBC NewsN Garvaghy Road residents fail in bid to challenge Drumcree decision
- 12 Oct 16:18 +45m Evening StandardN Residents lose latest challenge to Parades Commission decision
Times are when each article was published, or when we first saw it if the outlet gave no time.
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