July 9 Decision

Parades Commission
Decision on 9 July 2000 Orange March

Statement by Tony Holland, Chairman, the Parades Commission,
Monday 3 July
Tony Holland, Chairman Parades Commission

Good morning ladies and gentlemen.

My name is Tony Holland and I am Chairman of the Parades Commission. There are in fact two items on the agenda this morning. There is our ruling on the Drumcree parade. I don’t think it contains any surprises. Then there are our proposals for moving the whole issue forward. That surely is vastly more important. Anything we can do to encourage steps which could defuse the parade-related conflict in Portadown must be of far greater significance. What I will do therefore, is go through our analysis of why we are where we are and, more importantly what it would take, in our view, to break the deadlock. Then I will give the determination for 9th July.

This is the third time that the Parades Commission has had to rule on this particular parade and it is four years since the awful events which followed the parade in 1996. Violence and disorder across Northern Ireland led to the Review under Dr Peter North which in turn led to the establishment of the Parades Commission in 1997. The dispute over the Garvaghy Road parade has come to epitomise the whole public processions' conflict in Northern Ireland. It embodies and magnifies all the fears and concerns, founded or unfounded, which are
present wherever the issue of parades is unresolved. It has great political and symbolic significance. This dispute has provoked massive public disorder and damage to property. It has claimed several lives. It has worsened the already dreadful inter community relationships in Portadown, and more widely throughout Northern Ireland. And it has touched the vast majority of ordinary and unconnected people who simply want nothing to do with it, or who just get out of Northern Ireland, with their families, at this time each year.

In 1996 the Review which led to the establishment of this Commission came about because there had to be a better way of handling parades disputes. So today, four years later, I say to you that there must be, sooner rather than later, a resolution to this Drumcree problem. There is a huge prize to be won - and not just by the Portadown Orangemen and the Garvaghy Road residents - but by everyone in the wider Northern Ireland community. We've done a lot of background work in preparing ourselves for this decision. We visited Portadown. We studied a detailed analysis which was commissioned from Mediation Network at the end of 1999. We sought meetings with all interested parties (and here we must say that the ongoing resolution of Grand Lodge not to permit members of the order to have any formal contact with the Commission, just does not help their case.)

This year's decision again builds on what we have learned, and on our previous determinations. But it also incorporates our strategic thinking on how we believe the dispute could be resolved. But what insight have we got into the fundamentals of the dispute, because without understanding there can be no reasoned judgement of the present, or vision for the future?

Some say that this is all about competing rights, or competing interests. We think the starting point is competing identities, which have become sharper and more focussed due largely to political events The result is a greater sense of identity and more confidence in the nationalist community; and a commensurate sense of loss - loss of territory, of influence and of tradition in the loyalist community. In the birthplace of Orangeism, Drumcree demonstrates all of these.

It has become the touchstone. For Portadown District, as we understand it, the threat to the Drumcree parade is a threat to everything they stand for - for civil and religious liberty and the right to demonstrate faith and culture in a time honoured way. Over the years they have been asked to give up much, but have reached their limit. They believe the residents’ opposition is politically manipulated and designed to inflict defeat on their political opinions and religious beliefs as well as their rights. They do not understand how even a small parade, in silence, can be offensive to anyone but nor do they believe that they should have to 'seek permission' from anyone in order to get their parade. Furthermore, in what the Orange Order see as a winners and losers situation, they see the residents in a win-win position: no parade and they win; parade forced down, and TV pictures around the world of police in full riot gear in conflict with residents ensure a media victory for the residents’ agenda.

The Orange Order refuse to talk to the residents' spokesman, albeit an elected representative. And the Order believes that every attempt at even indirect dialogue has been deliberately frustrated - by the tactic of including social and economic demands, which the Order clearly cannot deliver, and by delaying tactics designed to block progress. On the Garvaghy Road, nationalists feel isolated and under siege from the effects of the Drumcree dispute and the associated parades and rallies. Insensitive sectarian behaviour by bands, hangers-on and supporters fuel their general perceptions of Orange or loyalist parades. These are seen as coat trailing, provocative and devoid of any respect for the community on whom they impinge, often at anti-social hours and over long periods.

Moreover, the Orange Order is seen to represent decades of anti-catholic domination symbolised by the loyal orders’ insistence on marching through nationalist areas. They resent the lack of respect, lack of equality and lack of parity of esteem towards them as human beings. They have genuine fears about living in Portadown which has become virtually a no go area for many of them. Few of them shop there. Few of them send their youngsters to college or further education there. They want their social problems addressed together with the issues of their rights. Previous attempts to find a resolution have failed for a variety of reasons: the process has on occasions not been carefully enough designed; or has started too late in the day. On the one side, the imperative for dialogue has been to find a way of getting a march down the Garvaghy Road; on the other it appears to have been about respect, equality and righting the social ills of the past. Each sees the agenda of the other as blocking progress.

A year ago, the decision on Drumcree referred to the Prime Minister’s involvement in 11th hour discussions. It is now clear that Portadown District - and they confirmed this last week - took from their meeting the understanding that while the 4th July decision would go against them, there would be a parade before too long if they kept the protest to a minimum. This they did. But the reality was then, and continues to be that only the Parades Commission can make the legal decisions on parades, and only by applying the law and the statutory criteria. I should add that, in 1999, the Parades Commission was not party to any understanding with Portadown District.

So where does the Commission stand in all this? It has consistently taken the view that the freedom to parade is an important one which should only be constrained for compelling reasons. It is disturbing generally that the organisers of parades and those who oppose them often fail to acknowledge, let alone address, the genuine concerns of the other side. That can be best demonstrated by showing respect. The simplest, and most direct way of showing respect is a willingness at least to speak to those who are most affected. And we continue to give due weight to evidence of real attempts, by either side, to address the legitimate concerns of others and a readiness to do something about them when it is within their power to do so. We don’t have much evidence of any such efforts by Portadown District. Their approach has too often been categorised by protest and implicit threats of violence. They cannot escape all the responsibility for creating the circumstances in which rioting, assaults and other unlawful acts took place in 1996 and 1998. Support parades and rallies in Portadown and elsewhere have continued to provide a constant stimulus for tension and a worsening of relationships in the area.

Among the results have been a climate of fear and intimidation in the nationalist areas of Portadown, together with real stress. The Parades Commission has tried, time and time again, to alert the Orange Order that this strategy was unacceptable, even counter productive. It has acted against the possibility of securing a local agreement over the Drumcree parade. We recognise that there have been moves, unfortunately unsuccessful, by some in the Order to permit some dialogue with the Parades Commission. Our very first action when we were appointed in February was to write to Grand Lodge and we are still waiting for a reply or acknowledgement. Dialogue with us would help so long as it was not a short term tactic for a quick result only. It could not however be a substitute for real engagement between Portadown District and the Garvaghy Road residents.

The decision we issue today cannot - in the light of all of this - come as a surprise. I should say immediately that the Parades Commission is concerned not just to make decisions week in and week out in the summer months on these issues, but on the important decisions, such as this, where there is a total inability on both sides to move forward, to try to identify the basis for a fair and equitable resolution of the problem in the medium term. Drumcree is crying out for such an approach. So, we would like to suggest a road map for the future - not just another set of tired ideas dusted off, but a real attempt to suggest a course of action which could have very important results. And we hope that all involved will think very carefully before responding – indeed their response will be seen around the world as an indicator of their desire to move forward.
First, we wish to strongly encourage all involved to see the opportunities in Brian Currin's mediation initiatives. This will require genuine, sustained commitment to make progress, by everyone. Our proposals are, we hope, complementary. So, starting with Portadown District, we see it as necessary for them

- first to comply with the terms of our determination
- to introduce an immediate moratorium on Drumcree-related protest parades and demonstrations
- to avoid any actions that could reasonably be perceived as an incitement to break the law or intentionally designed to raise intercommunal tension
- and to engage with representatives of the Garvaghy Road residents, both in the Currin initiative and in any civic forum which may be established

In these circumstances, we believe that a limited parade could take place along the Garvaghy road, in a peaceful and lawful atmosphere, ideally within the next 3-8 months. Let me repeat that: in these circumstances, we believe that a limited parade could take place along the Garvaghy Road, in a peaceful and lawful atmosphere, ideally within the next 3-8 months The Commission would look to the nationalist residents to demonstrate that they were genuine in seeking a long term resolution of the intercommunal tensions in Portadown by facilitating the proposed parade. As to the future, we cannot envisage circumstances in which any subsequent parade could pass along the Garvaghy Road other than by local agreement, perhaps following discussions in a civic forum.

These are very serious proposals. They are designed
- to provide real encouragement to all those directly and indirectly involved on both sides, and in the wider communities who are working to achieve a fair and equitable resolution to the Drumcree dispute
- to end the feeling of tension under which the nationalists residents of the Garvaghy Road have been living
- to recognise the right of the Orange Order to celebrate their culture
- and to create circumstances in which the Currin and other initiatives to improve relationships could flourish

Let me stress, people will now want to see how Portadown District, the Garvaghy Road Residents and political and civic leaders will react to this. To them we say “please consider what we are proposing and weigh your response very carefully. Our proposals are designed to facilitate
a sustained and determined effort to build good community relations in Portadown. Everyone has much to gain from that.

And we ask all concerned to look to the opportunities for the future, rather than resting on the emnities of the past’ And I hope that you the media will also be able to reflect that in the headlines which influence perceptions.

So to the second item on the Agenda – the determination for the Annual Portadown No1 District Church Parade on Sunday 9th July which is now being circulated. The determination is necessarily a formal legal document but it covers all the points which I have just made. The key part of the decision on next Sunday’s parade reads as follows:

THE PARADES COMMISSION’S DECISION IN RELATION TO THE
PORTADOWN DISTRICT LOL No 1 CHURCH PARADE ON 9 JULY 2000

The following summary is not a part of the Commission’s decision.

The Commission’s analysis and determination is set out in full below.
The Commission urges all concerned to read it carefully before commenting.

Key Points

The 9 July church parade is prohibited from entering the Garvaghy Road.

The Parades Commission sets out the circumstances in which it believes that an orderly parade could take place along the Garvaghy Road in a peaceful and lawful atmosphere, ideally within the next 3-8 months. For this to happen, it would be necessary for the Portadown District and the Orange Order more generally to

- Comply with the terms of the Commission’s determination - Introduce an immediate moratorium on Drumcree-related protest parades and demonstrations
- Avoid any actions that could reasonably be perceived as an incitement to break the law or intentionally designed to raise intercommunal tension
- Engage, along with representatives of the Garvaghy Road residents, in the Currin initiative and in any civic forum that may be established, and
- Undertake that following any parade the protest vigil at Drumcree would not resume.

In such circumstances the Parades Commission would look to the nationalist residents of the Garvaghy Road to demonstrate that they were genuine in seeking a long-term resolution of the inter-communal tensions in Portadown, by taking steps to facilitate the proposed parade.

The Parades Commission cannot envisage circumstances in which any subsequent Orange Order parade could take place along the Garvaghy Road except on the basis of a local agreement

The Parades Commission’s proposals are designed to

- Build on the efforts of all those throughout the community who have been working to achieve a fair and equitable resolution of the Drumcree parade dispute
- End the feeling of tension under which the residents of the Garvaghy Road area have been living
- Create circumstances in which the Currin initiative and other efforts to improve community relations in Portadown could flourish, and
- Recognise the right of the Loyal Orders to celebrate their culture

The Parades Commission expects the Government, the Northern Ireland Executive and Assembly, Craigavon Borough Council and other agencies to play their part in helping to create the circumstances in which its proposals could be successfully implemented.

THE PARADES COMMISSION’S DECISION IN RELATION TO THE PORTADOWN DISTRICT LOL No 1 CHURCH
PARADE ON 9 JULY 2000

The following summary is not a part of the Commission’s decision.
The Commission’s analysis and determination is set out in full below.
The Commission urges all concerned to read it carefully before commenting.

Key Points

The 9 July church parade is prohibited from entering the Garvaghy Road.

The Parades Commission sets out the circumstances in which it believes that an orderly parade could take place along
the Garvaghy Road in a peaceful and lawful atmosphere, ideally within the next 3-8 months. For this to happen, it would
be necessary for the Portadown District and the Orange Order more generally to

Comply with the terms of the Commission’s determination

Introduce an immediate moratorium on Drumcree-related protest parades and demonstrations

Avoid any actions that could reasonably be perceived as an incitement to break the law or intentionally designed to
raise intercommunal tension

Engage, along with representatives of the Garvaghy Road residents, in the Currin initiative and in any civic forum that
may be established, and

Undertake that following any parade the protest vigil at Drumcree would not resume.

In such circumstances the Parades Commission would look to the nationalist residents of the Garvaghy Road to
demonstrate that they were genuine in seeking a long-term resolution of the inter-communal tensions in Portadown, by
taking steps to facilitate the proposed parade.

The Parades Commission cannot envisage circumstances in which any subsequent Orange Order parade could take
place along the Garvaghy Road except on the basis of a local agreement

The Parades Commission’s proposals are designed to

? Build on the efforts of all those throughout the community who have been working to achieve a fair and equitable
resolution of the Drumcree parade dispute
? End the feeling of tension under which the residents of the Garvaghy Road area have been living
? Create circumstances in which the Currin initiative and other efforts to improve community relations in Portadown
could flourish, and
? Recognise the right of the Loyal Orders to celebrate their culture

The Parades Commission expects the Government, the Northern Ireland Executive and Assembly, Craigavon Borough
Council and other agencies to play their part in helping to create the circumstances in which its proposals could be
successfully implemented

(3rd July 2000)

THE PARADES COMMISSION’S DECISION IN RELATION TO THE
PORTADOWN DISTRICT LOL No 1 CHURCH PARADE
ON 9 JULY 2000

Introduction

1. The Portadown District LOL No1 church parade in early July has come to epitomise the conflict over public
processions in Northern Ireland.

2. The question whether the parade should be allowed to complete its traditional route by returning from Drumcree
Church to the centre of Portadown along the Garvaghy Road is of huge political and symbolic significance to people in
both main parts of the community throughout Northern Ireland.

3. In recent years the dispute over this parade has demonstrated its capacity to provoke massive public disorder and
damage to property throughout Northern Ireland. At one end of a spectrum of unacceptable behaviour, the conflict
generated by the dispute over the Drumcree church parade has claimed several lives.

4. That dispute stems from, and has in turn worsened, the inadequate relationship between the two main parts of the
community in Portadown; but it has also served to worsen relationships within the wider community throughout Northern
Ireland.

5. It is against that background that the Parades Commission must yet again decide what conditions, if any, to place
on the Drumcree church parade.

6. In preparing to take the decision, the Commission reviewed its previous determinations, visited the location, studied a
detailed analysis of the dispute commissioned from the Mediation Network for Northern Ireland and sought a series of
meetings with interested parties. One of the difficulties we face (and which we discuss in more detail later in this
document) is that, by virtue of a resolution of the Grand Orange Lodge of Ireland, members of the Orange Order are
forbidden to have any formal contact with the Parades Commission. We are most grateful to all those with an insight
into the thinking of the Portadown District and of the Orange Order more generally who have been prepared to give us
the benefit of those insights. We have tried to give due weight to the views of the Portadown District as we understand
them, but our understanding of the position of the Portadown District is necessarily indirect and incomplete.

Background
7. The origins and history of the dispute over the Drumcree church parade are set out in the Commission’s
determination of 26 June 1998, and further developed in its determination of 28 June 1999. Today’s determination, as
will be seen, builds on what has been said before and incorporates the Commission’s strategic thinking on how the
dispute could be resolved.

8. It is immediately clear that the dispute is about far more than competing interests. The Drumcree conflict has
become a symbol for issues that are at the heart of the sense of identity of both main parts of the community in
Northern Ireland. It has therefore come to have a significance that transcends the confines of the Garvaghy Road and
the town of Portadown. It may be that the Drumcree conflict will only be finally resolved as relationships within the wider
community in Northern Ireland move on to a stable and constructive footing. Conversely, a resolution of the Drumcree
conflict could make a major contribution to healing the divisions that run right through Northern Ireland’s society.

9. For the Portadown District, as we understand it, the maintenance of the Drumcree church parade has become a
touchstone for civil and religious liberty – their right to demonstrate their faith and their culture by maintaining an age old
tradition. The dispute has also acquired a strong political overtone because they believe the Garvaghy Road residents’
opposition to the parade is manipulated by Sinn Fein and designed to inflict a “defeat” on a bastion of Unionism. There
is also a strong sense that Unionism and Protestant culture generally are losing out, politically and in a variety of other
ways. As they see it, the pattern has been mirrored in the history of the Drumcree church parade: having been re-routed
away from Obins Street in the mid-1980s, the number of parades along the Garvaghy Road had been reduced to a
single return parade each year by the mid-1990s and that sole remaining parade has now been re-routed for each of the
last two years. By many in the Orange Order the fate of this remaining parade is seen as symbolising the prospects for
preserving Protestant culture as a whole.

10. For nationalists living in the Garvaghy Road area of Portadown, the fate of the Drumcree church parade has become
a touchstone for the principles of equality and parity of esteem between the two main parts of the community in
Northern Ireland. They do not see how their opposition to the return parade passing through their area could interfere
with the civil or religious liberties of the members of Portadown District, or undermine Protestant culture. In their eyes
the Orange Order is sectarian and anti-Catholic and represents a strand of Unionism which sought for decades to deny
Catholics their civil and political rights. As there is an alternative route for the return parade, they see the Portadown
District’s insistence on returning along the Garvaghy Road as little more than a coat-trailing exercise, designed to be
deliberately provocative. So far as they (and probably most nationalists in Northern Ireland) are concerned, if the parade
is allowed to proceed along the Garvaghy Road it would expose the “equality” provisions in the Belfast Agreement as a
sham and call into question the commitment of the Unionist community to fair treatment for all parts of society in
Northern Ireland within the new consensus on constitutional issues.

11. The second obvious feature of the background to the Drumcree dispute is that relationships between the main parts
of the community in Portadown have virtually broken down. The town has become increasingly segregated and many
nationalists living in the Garvaghy Road area say that the town centre has virtually become a “no go” area for them. Until
these fractured relationships are healed – which would be a long-term process – it is very difficult to see how the conflict
over the Drumcree church parade could be finally resolved.

12. A third lesson from the past is that previous attempts at “mediation” have failed, often because they were not
sufficiently well structured or took place at the last minute, in “crisis” conditions. They have also tended to focus on the
“win/lose” question of whether the church parade should be allowed down the Garvaghy Road; and many of the
initiatives were seen by the residents (and probably the Portadown District) as designed only to secure an
accommodation which would allow a parade to take place. We welcome the mediation effort now under way, involving
the South African human rights lawyer Brian Currin, which seems designed to avoid these difficulties. One cannot be
more than cautiously optimistic at this stage, but we fervently hope that the initiative will bear fruit. It is already clear,
however, that any long term improvement in inter-communal relations that may emerge from this exercise will not come
in time to help resolve tensions over this year’s church parade.

The Events of 1999
13. The Commission’s determination in respect of the 1999 parade alluded to the meetings chaired by the Prime
Minister’s Chief of Staff, Jonathan Powell in the immediate run-up to the parade, and to the discussions which took
place on Monday, 28 June 1999 in which the Prime Minister was involved. The Portadown District now say they formed
an impression that while the return parade on 4 July 1999 would be re-routed, there would be a return parade before too
long if they kept protest to a minimum. On the day, protest against the re-routing of the parade was low key. The
estimated 5,000 Orangemen who turned up at Drumcree church were encouraged to leave after a rally. There was no
repetition of the serious rioting and other illegal activity throughout Northern Ireland that had happened in 1996 and
1998. The Portadown District complied with the Commission’s determination, but maintained its protest vigil at
Drumcree and continued to notify its intention to parade along the Garvaghy Road each week.

14. It should be noted that the Parades Commission – the relevant statutory authority - was not party to any
understanding there may have been with the Portadown District in 1999. The Commission has continued to impose
restrictions on the weekly notified parades, in line with the criteria in the Public Processions Act 1998.

The Commission’s Position
15. The Commission has consistently taken the view that the freedom to parade is an important one that should only be
constrained for compelling reasons.

16. A feature of contentious parades in Northern Ireland is that the organisers of parades and those who oppose them
often fail even to acknowledge, let alone address, the genuine and legitimate concerns of the other side. Reasonable
efforts by the organisers to minimise the disruption or offence that might be caused by a parade would at least
demonstrate a degree of respect for the interests of residents. The Commission has always urged those involved in
parading disputes to “engage” with each other, preferably through direct dialogue. We continue to give due weight to
evidence that those involved (whether parade organisers or residents’ organisations) have made a real attempt to
address the legitimate concerns of others and shown a readiness to accommodate those concerns where it was within
their power to do so.

17. In the case of the Drumcree church parade, there has been insufficient effort by the Portadown District to address
and accommodate the legitimate concerns of the residents of the Garvaghy Road. The Portadown District does its case
no good by refusing to face up to the reality that the Garvaghy Road Residents Coalition enjoys widespread support
from nationalist residents of the Garvaghy Road. The District’s refusal to engage with the residents’ representatives
tends to reinforce the residents’ view that the Orange Order sees nationalists as second class citizens.

18. Another key feature of the Drumcree dispute is the violence that has been associated with it. The Orange Order
cannot wholly escape responsibility for bringing thousands of people on to the streets in circumstances which led to
serious large scale rioting, assaults and other unlawful acts across much of Northern Ireland in 1996 and 1998. The
ongoing protest vigil and the applications to complete the parade route which have been submitted each week since
July 1998 provide a constant stimulus to the high level of tension in the Portadown area. Regular “support” parades in
Portadown and elsewhere in Northern Ireland also exacerbate inter-communal tensions. The atmosphere engendered in
sections of the loyalist community by these protests has created a climate of fear and intimidation in Portadown. We
have received disturbing evidence about the stress that this has imposed on residents in the Garvaghy Road area.

19. The Parades Commission has tried time and time again to alert the Orange Order to the unacceptable nature of the
strategy it has pursued. That strategy has progressively undermined whatever hope there might have been for securing
a local agreement in relation to the Drumcree church parade.

20. The Commission’s 1999 determination said that:

“An immediate cessation of protest activity would remove significant tensions and pressure from the local community. In
those circumstances the Commission would look to the Garvaghy Road residents to take whatever positive steps were
needed to build the confidence of everyone in Portadown that the residents were genuine in their intention to find a long
term solution.

“A moratorium or even a significant reduction in the numbers of parades, would have been viewed by all involved as a
positive contribution and would have indicated some degree of respect for the rights and liberties of local residents,
particularly while efforts were being made to resolve the dispute.”

21. In the event, the Portadown District’s decision to comply with that determination was welcome; but the continuation
and recent intensification of its protest action and irresponsible comments which have been made by spokesmen for the
Portadown District about the prospects for a peaceful outcome to this year’s parade, do not suggest any fundamental
shift in the Portadown District’s position.

Engagement with the Parades Commission
22. There are signs that some in the Orange Order, including in the Portadown District, believe it would be right to
resume dialogue with the Parades Commission. We would welcome that as a modest step towards a more constructive
policy. Direct contact between the Parades Commission and the Orange Order would certainly assist us in our work
and give the members of the Portadown District an opportunity to ensure that we gained a full appreciation of their point
of view. But such contact would need to be sustained and genuine if it was not to be seen as a purely tactical ploy,
designed to secure Parades Commission approval for a particular parade.

23. In any event, meetings between representatives of the Portadown District and the Parades Commission could be no
substitute for real engagement – preferably in the form of direct dialogue – between the Portadown District and residents
of the Garvaghy Road.

24. We were naturally disappointed by the Grand Lodge decision on 14 June 2000 to re-assert its opposition to contact
between the Orange Order and the Parades Commission. We hope this policy will soon be reviewed and that we will be
able to develop a constructive dialogue with the Orange Order in the months ahead.

The Future
25. In the light of the points set out above, the Commission’s decision should come as no surprise to anyone.

26. However, we do not want to leave it there. There are some positive elements in the situation that we would like to
encourage. We want to make what contribution we can to the success of the mediation initiative led by Brian Currin.
We want to encourage those in the Orange Order and in the wider community who are looking for a fair and equitable
resolution of the Drumcree conflict. We also feel a responsibility to the community in Portadown to point a way forward
in the hope that this could help bring to an end the constant tension and sense of alienation that many of them feel –
especially those living in the Garvaghy Road area.

27. As a first step, we appeal to the Portadown District and the wider Orange Order to comply with the Commission’s
determination on the Drumcree church parade in the same disciplined way as last year. We also again urge them to
introduce an immediate moratorium on protest activity and support parades, including anything that could serve to stoke
up inter-communal tension or perpetuate the fear and intimidation to which the nationalist residents of Portadown are
exposed.

28. If that is done, the Commission would – as it promised in 1999 – look to the Garvaghy Road residents to take
whatever positive steps were needed to build the confidence of everyone in Portadown that they were genuine in their
intention to find a long term solution.

29. If it were clear that all Drumcree – related protest activity had ceased; that officials of the Portadown District had
engaged with the Garvaghy Road residents in both the Currin initiative and any civic forum; and that the Portadown
District’s protest vigil would not be resumed, we believe that a limited, orderly parade by the Portadown District could
take place along the Garvaghy Road in a peaceful and lawful atmosphere, ideally at some point in the next 3-8 months.

30. We feel that such a parade may be necessary in order to facilitate sustained, substantive and genuine dialogue
between the two main parts of the community in Portadown. Such a dialogue may in time alleviate the damage which
has been caused to inter-communal relations by the Drumcree conflict and create the circumstances in which a local
agreement can be reached about future parades.

31. It is only fair to point out, however, that we find it impossible to envisage circumstances in which there could be any
subsequent parade by the Portadown District along the Garvaghy Road in the absence of such a local agreement.

32. In presenting this scenario, we trust that the Government, the Northern Ireland Executive and Assembly, Craigavon
Borough Council and everyone else in a position to facilitate a sensible resolution of the Drumcree conflict will consider
carefully what contribution they could make which would help to initiate the necessary dialogue.

Decision
33. The Commission has taken and considered evidence about the parade notified by the Portadown District LOL No1
for Sunday, 9 July 2000 against the criteria set down in its statutory documents.

Public Disorder or Damage which may Result from the Procession

34. The Commission is aware that whatever decision it reaches there may be serious public disorder and damage to
property. Feelings on both sides of the community, in Portadown and throughout Northern Ireland, run very deep.
Nationalists would be affronted by any decision to force the parade through against the wishes of the local residents
and without any serious attempt by the Orange Order to address their concerns. Experience suggests that any such
course of action would trigger sustained rioting throughout nationalist areas of Northern Ireland. Equally, there are those
in the loyalist community who would be likely to use any decision to re-route the parade as an excuse to mount a
violent response.

Disruption to the Life of the Community
35. It is clear that the parade - if unhindered - could pass along the Garvaghy Road in a very few minutes without, in
itself, causing any significant disruption.

36. The issue, however, is not the manner and the duration of the parade but the context in which it would occur. The
police and army presence required to maintain order in the event of a contested parade would inevitably have a hugely
disruptive effect on the life of the local community. Disruption could occur elsewhere throughout Northern Ireland. There
is also a potential for supporters of the Portadown District to cause significant disruption throughout Northern Ireland as
part of a campaign of protest against any decision to re-route the parade.

Impact of the Procession on Relationships within the Community
37. This is the heart of the matter. Given the history and the connotations of this parade, we do not believe the
Portadown District can walk down the Garvaghy Road in current circumstances without having a hugely damaging effect
on inter-communal relationships, not only in Portadown but throughout Northern Ireland.

Compliance with the Code of Conduct
38. The Commission has welcomed the fact that in 1999 the Portadown District complied with its determination in
respect of this parade. There is, however, continuing evidence that parades organised by or in support of the Portadown
District LOL No1 have breached the Commission’s Code of Conduct. Despite making adherence to the Code a
condition for such parades taking place, offensive language and gestures continue to be used by participants; and
music that is perceived to be sectarian is played at sensitive inter-face areas and outside churches.

The Desirability of Allowing a Parade which has Customarily Been Held on that Route to Continue to be Allowed to do
so
39. We acknowledge the long tradition of Orange Order parades in Portadown and in particular to and from the church
at Drumcree.

DETERMINATION

The Commission’s determination is that the following conditions are imposed on all persons organising or
taking part in the parade organised by Portadown District LOL No 1 on Sunday 9 July 2000.

1. In respect of the outward route, the parade is prohibited from entering that part of the notified route
between the junction of High Street and Woodhouse Street and the junction of Obins Street and Charles
Street, or any part of that route. The parade shall process from its point of departure at Carleton Street into
Church Street, Market Street and High Street to the junction of Castle Street, turning back along High Street
and Market Street, before turning into West Street. From West Street it shall turn into Northway and join the
Corcrain Road. It shall then process along the Corcrain Road into Charles Street, along Charles Street to the
Dungannon Road – Moy Road roundabout, along the Dungannon Road to the Rectors Turn, Drumcree Road
to Drumcree Church.

2. In respect of the return parade, the parade is prohibited from proceeding beyond Drumcree Parish
Church, Drumcree Road, or entering that part of the notified route which includes the entire length of the
Garvaghy Road including Parkmount and Victoria Terrace. The return parade shall, therefore, retrace the
outward route as detailed above, or alternatively parade participants shall disperse no later than 2.30pm
from Drumcree Parish Church.

3. In addition the following conditions are imposed:

a. When the parade is in progress there shall be no undue stoppages or delays.

b. The organiser shall arrange for the presence of an adequate number of stewards to ensure that all parade
participants behave in an orderly manner.

c. The organiser shall ensure that only the three notified bands, namely the Star of David Accordion Band,
the Edgarstown Accordion Band and the Mavemacullen Accordion Band shall accompany the procession.

d. The parade organiser shall ensure that all directions by police in relation to the parade are promptly
obeyed.

e. The parade organiser shall ensure that these conditions are drawn to the attention of all participants
including bands at the assembly point.

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