No, the Parades Commission does not have the power to ban parades although it can place conditions on a parade. These most frequently involve, for example, the restriction of a parade from a particular area, a route restriction or a restriction on music.
This website indicates whether individual parades are under consideration by the Commission. Parades that are not under consideration will not have been considered contentious by the Commission. Of course, concerns can still be expressed about a parade, and it may in certain circumstances be re-classified as “contentious”. This does not, of course, mean that an individual parade will automatically be subject to a decision or determination and its progress, including any determination and subsequent review can be tracked using the website.
No. The Parades Commission is an independent, quasi-judicial body set up in 1997. Its powers and duties are to be found in the Public Processions (Northern Ireland) Act 1998.
No. The Parades Commission is bound by the law it administers and must take into account the criteria set down in its Guidelines (see Statutory Documents). It also takes into account the provisions of the Human Rights Act. When a determination is issued, it lays out in some detail the basis for its decisions against these requirements. The Commission also takes into account the extent to which there has been any meaningful dialogue or engagement between the parties and their respective willingness to listen to the concerns of each other and to address them where it is within their power to do so. The Commission regards parade organisers who are prepared to engage in dialogue with local communities as more responsible than those who are not. Dialogue is a better way to resolve problems in a democratic society than disorder and can greatly reduce the risk of human rights problems for those who parade and for those in whose area the parade takes place. The Commission has not shrunk from confronting the threat of disorder, particularly in the context of meaningful dialogue.
The Parades Commission’s Code of Conduct defines the obligations on parade organisers covering every aspect of the conduct of parades, including music, flags and regalia. It is the responsibility of the organiser to ensure that all those taking part in the parade comply with the Code of Conduct. Failure to do so can lead to prosecution and can also be taken into account by the Commission in subsequent decisions.
A Parades Commission determination is a legally binding document and defines the legality of a parade. Any action which breaks the law is a matter for the PSNI. However the Parades Commission may take account of breaches of its determinations when considering later parades involving those responsible for such breaches.
Under the Procedural Rules the Commission may review its decision if it receives any fresh information or representations which it did not previously consider or take into account. It may then amend, revoke or uphold its earlier decision. Beyond that, it is then open to anyone affected to apply for a Judicial Review in the Courts if they still wish to challenge the decision.
The Parades Commission is made up of a Chairman and six other members, all of whom are appointed by the Secretary of State.The Parades Commission is supported by a small administrative secretariat.
The Commission operates from the fundamental premise that the rights to freedom of assembly (ie to parade) and to freedom of expression (ie to protest) are important rights to be enjoyed equally by all. It acknowledges however, that these rights are not absolute and that there are other equally important rights that have to be taken into account when a parade is taking place. In considering whether to place restrictions on a parade the Commission is required to consider certain criteria. These can be found in its Guidelines document. A copy of the Guidelines can be found by clicking on Publications. Tolerance and respect for the rights of others is an important responsibility for people living in a free and democratic society. Society seeks to protect the right of peaceful assembly, whether it involves a parade or a protest against a parade. But the Commission considers a number of other rights too, including the rights of people living and working in the area of a parade or in the area of a parade protest. The specific rights the Commission has taken into account in any decision will be documented in the Commission's determination, which is a publicly available document.