A High Court judge has granted a temporary injunction on members of the Orange Order marching down the Garvaghy Road in Portadown.
Residents of the largely nationalist area launched an appeal against the Parades Commission ruling permitting the Orange Order to walk down the street on Sunday for the first time in 30 years.
On Saturday Justice Patricia Smyth blocked the commission decision, saying the “long-running dispute has the potential to escalate” across Northern Ireland.
Watch the political reaction outside the court after the injunction was imposed from Sinn Féin MLA Deirdre Hargey, DUP MP Carla Lockhart and SDLP Leader Claire Hanna.
The stand-off at Drumcree made headlines in the 1990s, with nationalist residents of the Garvaghy Road opposed to the parade passing through the area, leading to violent clashes for several summers and political tension necessitating a major security operation.
The Orange Order has unsuccessfully applied for more than a quarter of a century to complete its 1998 walk along its traditional route.
On Friday the commission reversed its long-running determination, to the welcome of unionist parties and outrage of nationalist and republican parties.
Delivering her ruling on Saturday Ms Smyth said: “The level of mistrust between the residents and the Portadown Orange lodge cannot be overstated.
“Neither side accepts any reassurance provided by the other or that there’s any genuine reason for the stance adopted by the other.”
She added: “It’s also clear to me that this particular long-running dispute has the potential to escalate within Northern Ireland.
“Against that background I am thoroughly of the view that the issues of all three parties must be properly ventilated so that whenever a ultimate decision is made by this court the parties know they were heard.”
It is understood the Orange Order will appeal against the injunctions.
A sticker on a road sign on the Garvaghy Road in Portadown Credit: Brian Lawless/PA
The basis of the review taken by the Garvaghy Road residents was on the PSNI’s risk assessment to the Parades Commission, with their barrister Denise Kiley KC, saying “much remains uncertain” in the wake of the ruling.
She claimed that “nowhere” in the PSNIs contribution to the commission was there “any assessment of future risk” and was “entirely directed to past risk”.
“That all leads to a requirement for more time and for the Parades Commission to explain the discrepancy that is apparent on the face of the documents,” she said.
Ms Smyth said the information provided to the court from the PSNI has “prompted further inquiries” and “further time would be of benefit to the court”.
“In my view it would be contrary to justice and unwise to proceed to make a decision in the absence of information in relation to the issues I have identified,” she said.
Court rose a number of times over proceedings on Saturday as the judge urged parties “to reach agreement for the sake of everyone in Northern Ireland,” encouraging them to “be big enough to step back from the abyss”.
Portadown District lodge submitted a letter in which they outlined their reasons for not agreeing to delay the parade, highlighting that they have fulfilled “lawful notification and discharged our legal obligations”.
“The suggestion there is no prejudice to us is, to be frank, absolutely contrary to all reality,” the letter said.
“The prejudice is very clear – those opposed to us could simply ramp up the threat of disorder or violence, to change the factual context, and therefore effectively act as a veto.”
It added: “This is not balanced or fair to us; it is depriving us, potentially on a permanent basis, of what we have been lawfully granted for Sunday, with no guarantee this outcome will be replicated even if the Applicant’s case is ultimately found to be without any merit whatsoever.”
The letter concluded: “We would ask the court not to take this unprecedented and extraordinary step, which we are advised is unheard of and has hitherto not ever occurred.”
In delivering her verdict, Ms Smyth said that if the parade were to go ahead on Sunday in its current form, “there will simply be no opportunity” for the residents to have their case considered.
“That is not the case with regards to the Lodge or the Parades Commission,” she said.
“It is not correct that the position of the Parades Commission will be altered and ultimately as I’ve made clear this court is not carrying out an appeals function.”
Under the legal framework around parades in Northern Ireland, if the court simply passed an injunction against the Parades Commission ruling in relation to Drumcree, it would allow the Portadown District to carry out the parade without the restrictions outlined by the commission, because it was legally notified.
The judge then also passed an injunction pausing the effect of the Orange Order’s notification of the parade, which counsel for the Garvaghy residents had described as “novel” and John Larkin KC, representing Portadown Orangeman Alan Hynes, as “rewriting history”.
A large crowd including political representatives gathered outside the Royal Courts of Justice on Saturday.
Breandán Mac Cionnaith, from the Garvaghy Road Residents’ Coalition, addressed the crowd and said they were at court to “seek justice for our community in Portadown.”
“All of this depends on the support that we have, not just here, the support that we have in Portadown as you are probably aware, over the last number of days, coming from all of the six counties, and coming from the 26 counties – Ireland’s behind us,” he said.
“Ireland’s standing for justice here.
The Portadown District said it will “comply fully” with the Parades Commission determination and called for “respect for the law” from “those who have been affected by this decision”.
In a statement on social media, the Portadown District said: “Portadown District LOL 1 welcomes the decision of the Parades Commission that the district will complete its 1998 parade home from Drumcree along its traditional route.
“While we are not happy with the further restrictions that have been placed upon us, we will comply fully with the law and the determination.
“We now ask our community to do likewise. We would appeal to everyone to conduct themselves responsibly and peacefully, and not to do anything that could increase tensions within the community.
“For 28 years, this district has been required to comply with determinations placed upon it. All we ask now is that the same respect for the law and the determination is shown by those who have been affected by this decision.
“We hope that the 27 September can pass peacefully and that everyone involved will act responsibly and respect the determination.”
Drumcree Church in Portadown Credit: Niall Carson/PA
The Parades Commission, which decides on contentious marches in Northern Ireland, ruled on the order’s application for the Drumcree event, allowing them to walk there.
The commission placed a number of restrictions on the procession, including an 8am start time on Sunday and limiting it to 35 participants.
The PSNI was expected to put in place a significant security operation for the parade, with officers from outside the region set to assist under mutual aid arrangements.
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