The Public Processions (Northern Ireland) Act 1998 is now in operation. It introduces a new way of dealing with contentious parades which will enable all the relevant factors to be fairly weighed up by an independent body.

The primary aim of the new law is to seek accommodation at local level. The support of the whole community is needed to find an agreed resolution to an increasingly contentious issue which has generated distressing scenes of confrontation in recent years.

The issue of parades continues to expose starkly the underlying divisions in Northern Ireland society. Tackling it could make an enormous contribution to the search for a lasting settlement which is being pursued in the talks process.

The Government is convinced the way forward is a policy based both on rights and on the responsibilities that go with them. Rights - the right to free assembly, which includes the right to march and the right to protest, peacefully and within the law.

Responsibilities - in a democratic society we all have the responsibility to express our rights in a way which respects the rights and freedoms of others.

In 1996, after the serious public disorder at Drumcree, the previous Government set up the Independent Review on Parades and Marches. The resulting report (the North Report) sought to create a framework which would encourage and reward local accommodation.

The central recommendation of the Report was to set up an independent body, the Parades Commission, which would work to facilitate accommodation on contentious parades and, failing that, would take over from the police decision-making on such parades.

The purpose of this guide is to explain how the new legislation will work and the obligations it will place, both on the organisers of parades and those who wish to protest against parades. It also sets out the functions of the Parades Commission, the RUC and the Secretary of State in relation to parades and protest meetings.

Parade Organisers and Protesters

Parade Organisers need to give 28 days' notice of a parade to the police. This will, as has been the case up to now, apply to all parades, not just those which might be regarded as contentious.

Notice must be given on a form designed for the purpose, which will provide for information to be given about numbers taking part, proposed route etc. A copy of the notice will be passed by the police to the Parades Commission for their consideration.

Parade organisers and those taking part in a parade should observe the Commission's Code of Conduct. Where the Commission imposes conditions on a parade, the organisers and participants must comply with these conditions.

Organisers of a protest against a parade need to give 14 days' notice of the protest meeting to the police. This is a new requirement. Notice must be given on a specially designed form and a copy will be passed on to the Parades Commission for their information.

Protest organisers and those who take part in protests should also observe the Commission's Code of Conduct.

Where it is not reasonably practicable for either parade or protest organisers to give the required notice, then they must give notice as soon as it is reasonably practicable. In such circumstances, the organisers must explain on the notice form why it was not practicable to give the required notice.

Parades Commission

Once the Parades Commission has received notice of a parade, the Commissioners will consider, in the light of the information given on the form and any other information at their disposal, whether the parade is likely to be contentious. It should be emphasised that the great majority of parades pass off without incident and do not give rise to trouble.

If the parade is likely to be contentious, the Parades Commission will encourage both sides to come to a mutually acceptable local accommodation. Where this is possible, the Commission will have no further role.

If local accommodation is not possible, the Commission will decide whether to issue a determination which may include imposing conditions on the parade.

In deciding whether to issue a determination, the Commission will take into account a number of factors, including:

• any public disorder or damage to property which may result from the parade
• any disruption to the life of the community which the parade might cause
• any impact the parade may have on relationships within the community
• previous failure to comply with the Code of Conduct
• the desirability of allowing a parade customarily held along a particular route to be held along that route.

The Commission will seek advice from the Chief Constable about the extent of public disorder, damage to property or disruption to the life of the community which may result from the parade.

The conditions which the Commission may impose might include changes to the route of a parade, restrictions on the number of people attending the parade, restrictions on the bands allowed to take part and so on.

While the Commission will receive from the police copies of notification of protest meetings, this will be for information purposes only. The Commission has no power to impose conditions on such meetings.

RUC

The Police will receive written notification of intention to hold a parade at least 28 days before it is due to take place. They will immediately pass a copy of the notice on to the Parades Commission.

The police will liaise closely with the Parades Commission and, in particular, will advise it on any public order considerations which the Commission will need to take into account.

Where the Commission decides to issue a determination on a parade, the Chief Constable may, if he is unhappy with the determination, ask the Secretary of State to review it. The Secretary of State must then either confirm, amend or revoke the determination.

The police will also receive written notification of intention to hold a meeting in protest against a parade at least 14 days before the parade is due to take place. They will immediately pass a copy of the notice to the Parades Commission for their information.

The police may use the powers they already have under the Public Order order to impose conditions on any protest meeting where they consider that the meeting may lead to serious public disorder, serious damage to property or serious disruption to the life of the community.

The police will retain their existing powers to take whatever action they consider necessary on the day of the parade to prevent loss of life, injury, damage to property and so on.

The Secretary of State

The Secretary of State must, if asked to do so by the Chief Constable, review a determination of the Commission. She has no power to renew the determination except in appeal by the Chief Constable.

The Secretary of State will then consider the evidence given to the Commission in connection with the parade and whatever additional evidence the Chief Constable has given her. In considering the case, the Secretary of State will bear in mind precisely the same factors which were taken into account by the Commission (see above). She may then either amend the determination, repeal it or confirm it. Where she decides to amend the determination, she may impose her own conditions on the parade.

The Secretary of State will have the power to ban parades for a maximum of 28 days. This will only happen in exceptional circumstances. Either a particular parade can be banned or a class of parades or all parades for a certain period.