{"id":645510,"date":"2026-10-05T14:16:20","date_gmt":"2026-10-05T14:16:20","guid":{"rendered":"https:\/\/www.newsbeep.com\/ie\/645510\/"},"modified":"2026-10-05T14:16:20","modified_gmt":"2026-10-05T14:16:20","slug":"judgment-reserved-in-fresh-legal-challenge-to-orange-order-drumcree-march-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ie\/645510\/","title":{"rendered":"Judgment reserved in fresh legal challenge to Orange Order Drumcree march \u2013 The Irish Times"},"content":{"rendered":"

Main PointsA fresh legal challenge to the Orange march at the centre of the Drumcree stand-off in Portadown was heard at the Court of Appeal in Belfast on MondayIrish rap trio Kneecap<\/a> visited the Garvaghy Road to show their support for the protesters on SundayThe two sides remained deadlocked despite days of talks facilitated by Northern Ireland secretary of state Chris Bryant last weekKey Reads<\/p>\n

Katie Mellett – 5 minutes ago<\/p>\n

Deputy First Minister claims Sinn F\u00e9in \u2018flooded the Garvaghy Road for electioneering\u2019\"DeputyDeputy First Minister Emma Little-Pengelly said Sinn F\u00e9in “flooded the Garvaghy Road for electioneering”. Photograph: Liam McBurney\/PA Wire <\/p>\n

Northern Ireland\u2019s deputy First Minister Emma Little-Pengelly has accused First Minister Michelle O\u2019Neill of choosing not to issue a joint statement with her calling for calm at Drumcree.<\/p>\n

Speaking during questions for the Executive Office, Little-Pengelly claimed that Sinn F\u00e9in\u00a0\u201cflooded the Garvaghy Road for electioneering\u201d.<\/p>\n

\u201cI reached out to the First Minister and I asked her to put out a statement to call for calm,\u201d she said.<\/p>\n

\u201cI reached out to the First Minister and asked her to stand with me to call people off the streets and in terms of moving forward together \u2013 and this is the reality \u2013 she chose to follow the law of the mob instead of the law of the land.<\/p>\n

\u201cShe chose Sinn F\u00e9in politics over her responsibilities as minister, and that is shameful.\u201d<\/p>\n

Katie Mellett – 13 minutes ago<\/p>\n

Judgement reserved in fresh legal challenge to Orange march in Portadown<\/p>\n

Judgement has been reserved in the fresh legal challenge to the Orange march at the centre of the Drumcree stand-off in Portadown, reports Northern Editor Freya McClements.<\/p>\n

Lady Chief Justice Siobhan Keegan told the Court of Appeal in Belfast that she hoped to give a decision \u201cwithin a swift enough timeframe\u201d but could not give a date at the conclusion of Monday\u2019s hearing. <\/p>\n

Breand\u00e1n Mac Cionnaith, of the Garvaghy Road Residents Coalition, which opposes the march, is seeking leave to apply for a judicial review of the decision by the Parades Commission to allow it to proceed. <\/p>\n

More to follow.<\/p>\n

Katie Mellett – 1 hour ago<\/p>\n

Memory of what happened in the 1990s relates to something \u2018categorically different\u2019\"MembersMembers of the Garvaghy Road Residents’ Coalition arrive at Laganside Courts in Belfast. Photograph: Mark Marlow\/PA Wire <\/p>\n

Tony McGleenan KC, representing the Parades Commission, said the residents were attempting to \u201cmake some forensic play\u201d in asserting a difference between what the police told the commission and what the commissioners then recorded as the police assessment.<\/p>\n

He said \u201cone accurately reflects the other\u201d.<\/p>\n

The barrister said legal jurisprudence placed a positive obligation on facilitating the right of assembly.<\/p>\n

McGleenan said the residents\u2019 contention that the commission had made a legal error \u201cdoesn\u2019t bear scrutiny\u201d.<\/p>\n

He described the determination as an \u201cexpert judgment by the body set up by Parliament to make these evaluations\u201d.<\/p>\n

The barrister said that legal precedent made clear that considerable \u201cdeference\u201d should be afforded to statutory decision making bodies.<\/p>\n

On the residents\u2019 case that the commission should have explained why it was changing its determination after almost 30 years of prohibiting the parade, McGleenan insisted the commissioners had explained why.<\/p>\n

He said the reason lay in the fact that what was proposed by the Orange lodge was very different to what had been applied for before, including in respect of numbers, time of year and symbols and emblems displayed.<\/p>\n

McGleenan added: \u201cThe folk memory of what happened in the 1990s relates to something that\u2019s categorically different.\u201d<\/p>\n

Katie Mellett – 1 hour ago<\/p>\n

DUP will \u2018not abdicate its responsibilities\u2019<\/p>\n

The DUP said it will \u201cnot abdicate its responsibilities\u201d in the political fallout over the Drumcree dispute.<\/p>\n

However, DUP leader Gavin Robinson insisted it cannot be \u201cbusiness as normal\u201d at Stormont following alleged \u201claw breaking\u201d by Sinn F\u00e9in ministers, claiming 40 political representatives had \u201cbroken the law\u201d.<\/p>\n

He was speaking at Parliament Buildings as the parading stand-off enters its second week and another legal challenge is being heard.<\/p>\n

Katie Mellett – 2 hours ago<\/p>\n

O\u2019Neill called \u2018First Minister of lawlessness\u2019 by TUV leader\"JimJim Allister of the TUV arriving at Laganside Courts in Belfast. Photograph: Mark Marlow\/PA Wire <\/p>\n

The DUP has been challenged to ensure consequences for Northern Ireland\u2019s \u201cFirst Minister of lawlessness\u201d.<\/p>\n

TUV leader Jim Allister said the DUP should withdraw its Deputy First Minister, Emma Little-Pengelly, to \u201censure political consequences for law breaking\u201d.<\/p>\n

Allister said the \u201cFirst Minister of lawlessness says: \u2018We\u2019re above the law, the law does not apply to us, we do not accept the law\u2019.\u201d<\/p>\n

Michelle O\u2019Neill has said she is standing by the residents of the Garvaghy Road in Portadown, and \u201cit\u2019s up to all of us to collectively and unequivocally stand with the Garvaghy Road residents and to say no to a sectarian, unwanted march\u201d.<\/p>\n

The First Minister is scheduled to face an urgent oral question from DUP MLA Phillip Brett on Monday afternoon. – PA<\/p>\n

Katie Mellett – 2 hours ago<\/p>\n

Parades Commission was \u2018fully briefed\u2019 by police <\/p>\n

Dr Tony McGleenan KC, representing the Parades Commission, told the Court of Appeal that the determination to permit a limited parade down the Garvaghy Road should be read in its entirety.<\/p>\n

\u201cIt is a detailed 31-paragraph written analysis,\u201d he said.<\/p>\n

\u201cAnd it has to be read in its totality. And there is a grave danger of cherry-picking sentences here and sentences there to suggest a wrong legal test or a misdirection, or that something hasn\u2019t actually been considered.\u201d<\/p>\n

McGleenan said police had given an assurance to the commissioners that they had the capacity to deal with any disorder that may have been triggered if a parade was permitted.<\/p>\n

He insisted that the commission was \u201cfully briefed\u201d by police on the uncertainty around what might happen.<\/p>\n

\u201cThey met with the PSNI on the 23rd (September) at a lengthy meeting with them. They were read intelligence briefings. They were briefed about the police resource and their ability to contain any disorder or reaction that occurred. So they have all of that.\u201d – PA<\/p>\n

Katie Mellett – 3 hours ago<\/p>\n

Drumcree parade \u2018one of the most polarising parades in the history of Northern Ireland\u2019\"BreandanBreandan Mac Cionnaith of the Garvaghy Road Residents Coalition outside Laganside Courts in Belfast. Photograph: Mark Marlow\/PA Wire <\/p>\n

Denise Kiley KC, representing the Garvaghy Road residents, described the Drumcree parade as \u201cone of the most polarising parades in the history of Northern Ireland\u201d.<\/p>\n

She said the Parades Commission had a duty to promote an understanding of parading and it had failed to explain why it had reached its determination to permit the parade, particularly as it was the first time in 28 years it had not been banned.<\/p>\n

\u201cThere is a duty to explain decisions,\u201d said the barrister.<\/p>\n

\u201cAnd where a decision has consistently been made on one basis for 28 years then a change cries out for explanation.\u201d<\/p>\n

Katie Mellett – 3 hours ago<\/p>\n

Parades Commission reached an \u2018irrational conclusion\u2019<\/p>\n

The residents\u2019 barrister Denise Kiley KC said the Parades Commission failed to \u201cproperly weigh\u201d what the police had told it about the potential for disorder if the parade was given the go ahead.<\/p>\n

She said the commission\u2019s assertion that there was no specific information from police about a risk of violence did not fully reflect what a senior commander had told it.<\/p>\n

The barrister said PSNI Assistant Chief Constable Ryan Henderson told the commission while police had no clear intelligence about any planned disorder he had also stressed that officers were dealing with an \u201cunclear picture\u201d and that, as a result, police were planning for various scenarios \u2013 from a peaceful passing of the parade to an outbreak of violent disorder.<\/p>\n

Kiley said the commission\u2019s subsequent conclusion that there was no specific information about the prospect of disorder was \u201conly part of the picture\u201d.<\/p>\n

\u201cIt doesn\u2019t go on to record the uncertainty and the fact that the position remained unclear,\u201d she said.<\/p>\n

The barrister added: \u201cIt is clear that what the police were telling the commission was this is unclear, it\u2019s uncertain, and we are preparing for all eventualities.\u201d<\/p>\n

She said the commissioners \u201cdidn\u2019t properly understand the police assessment\u201d and this impacted their decision to permit the parade.<\/p>\n

Kiley said the commission had therefore reached an \u201cirrational conclusion\u201d.<\/p>\n

Katie Mellett – 3 hours ago<\/p>\n

Human rights and justice organisations say \u2018transparent and rights-based approach is essential\u2019<\/p>\n

The International Federation of Human Rights (FIDH) and the Committee on the Administration of Justice (CAJ) have issued a joint statement on the ongoing stand-off at Drumcree, saying a \u201ctransparent and rights-based approach is essential to provide further escalation,\u201d reports Northern Editor Freya McClements.<\/p>\n

\u201cThe protection of human rights must remain at the centre of any resolution to the Drumcree dispute,\u201d the organisations said.<\/p>\n

In their statement on Monday, FIDH and the CAJ stressed \u201cthe authorities have a duty to balance competing rights under the European Convention on Human Rights, including freedom of assembly and the rights of others. <\/p>\n

\u201cIn this context there have long been recommendations for the \u2018right to freedom from sectarian harassment\u2019 affirmed within the Good Friday Agreement to be expressly incorporated in the parading decisions framework,\u201d the bodies said. <\/p>\n

\u201cFreedom of assembly is a fundamental right for both those who parade and counter protestors. Where necessary in a democratic society it can be proportionately restricted to protect the rights of others,\u201d said Daniel Holder, Vice-President of FIDH and Director of CAJ. <\/p>\n

\u201cThe Parades Commission decision did not properly consider that the Drumcree parade was inevitably going to require balancing two competing rights of assembly, nor is there consideration of the risks of sectarian intimidation. <\/p>\n

\u201cTransparency and a human rights-based approach across all relevant issues are essential for future decisions,\u201d he said. <\/p>\n

FIDH and CAJ welcomed that to date all assemblies have been peaceful and that there has been no use of force by the police, but raised \u201cconcerns at the continued discourse of \u2018illegality\u2019 being applied to counter-protestors. <\/p>\n

\u201cWe also draw attention to ECHR-case law which has held that in certain circumstances rights to hold spontaneous peaceful protests in immediate response to events where the protest would be pointless if delayed may override notification requirements,\u201d they said.<\/p>\n

Katie Mellett – 3 hours ago<\/p>\n

It is in the public interest to ensure the Parades Commission came to \u2018correct\u2019 decisions\"OrangeOrange Order legal representative and loyalist spokesperson Jamie Bryson (centre) arrives at Laganside Courts in Belfast. Photograph: Mark Marlow\/PA Wire <\/p>\n

A barrister for the Garvaghy Road residents, Denise Kiley KC, has told the Court of Appeal in Belfast that it was in the public interest to ensure the Parades Commission came to correct decisions on parading applications.<\/p>\n

The residents are challenging a decision of a High Court judge \u2013 made in the early hours of Sunday, September 27th \u2013 to refuse leave to apply for a judicial review of the commission\u2019s determination to permit an Orange Order march down the predominantly nationalist road in Portadown later that Sunday.<\/p>\n

Opening the case, Kiley said the question of whether the determination remained live \u2013 given the time and date of the originally permitted parade have now passed \u2013 remained an unresolved issue. However, she said the residents were not currently seeking a court determination on that point.<\/p>\n

Outlining the basis of the appeal court challenge, she added: \u201cThere is a public interest in ensuring that the Parades Commission \u2013 a body charged with making these significant decisions on contentious parading issues \u2013 comes to correct and lawful determinations.\u201d<\/p>\n

Katie Mellett – 4 hours ago<\/p>\n

Legal challenge to the Orange march in Portadown under way<\/p>\n

The fresh legal challenge to the Orange march at the centre of the Drumcree stand-off in Portadown is under way at the Court of Appeal in Belfast, reports Northern Editor Freya McClements. <\/p>\n

Breand\u00e1n Mac Cionnaith, of the Garvaghy Road Residents\u2019 Coalition, which opposes the march, is seeking leave to apply for a judicial review of the decision by the Parades Commission to allow it to proceed.<\/p>\n

Katie Mellett – 4 hours ago<\/p>\n

McDonald accuses Dublin and London governments of creating a \u2018vacuum\u2019\"SinnSinn Fein president Mary Lou McDonald speaking at a community event in support of the Garvaghy Road residents in the Drumcree parade dispute. Photograph: Mark Marlow\/PA Wire <\/p>\n

On Sunday, Sinn F\u00e9in leader Mary Lou McDonald rejected Taoiseach Miche\u00e1l Martin\u2019s suggestion that her party has an \u201coverly simplistic\u201d view of how to resolve the Drumcree dispute.<\/p>\n

Sinn F\u00e9in has repeatedly called on the British government to intervene and stop the Orange Order march.<\/p>\n

Martin, on Saturday, said he did not agree with Sinn F\u00e9\u00edn\u2019s assessment that \u201cDrumcree could be sorted by me simply telling Andy Burnham what to do\u201d and accused the party of lacking \u201csincerity\u201d.<\/p>\n

Asked on the BBC\u2019s Sunday Politics programme if she accepted that \u201cthe reality is, it\u2019s not that simple\u201d, McDonald replied: \u201cWell, it is, actually.\u201d<\/p>\n

She also accused the Dublin and London governments of creating a \u201cvacuum\u201d by not working towards Irish unity.<\/p>\n

While they \u201csit on their hands and fail to create the democratic space and dynamic for all of us to engage, to discuss, to plan about Ireland\u2019s future, while there is a vacuum there, we are sitting ducks for this kind of reactionary sideswipe from small elements in society who want to upend our progress.\u201d<\/p>\n

Katie Mellett – 5 hours ago<\/p>\n

NI Secretary believes a \u2018mutually agreeable solution\u2019 is \u2018still possible\u2019<\/p>\n

I\u2019m pleased that events have passed this weekend in Portadown without major incident.
I continue to speak with people of goodwill on all sides and believe a mutually agreeable solution is still possible if people can show leadership based on openness, compromise and magnanimity.<\/p>\n

\u2014 Chris Bryant (@RhonddaBryant) October 4, 2026<\/a><\/p>\n

Northern Ireland Secretary of State Chris Bryant said he is continuing to speak with \u201cpeople of goodwill on all sides,\u201d in a post on X<\/p>\n

He believes \u201ca mutually agreeable solution is still possible if people can show leadership based on openness, compromise and magnanimity.\u201d<\/p>\n

He was \u201cpleased that events have passed this weekend in Portadown without major incident.\u201d<\/p>\n

Katie Mellett – 5 hours ago<\/p>\n

First Minister to be questioned on her protest participation in Stormont\"NorthernNorthern Ireland First Minister Michelle O’Neill on stage during a community event in support of the Garvaghy Road residents in the Drumcree parade dispute. Photograph: Mark Marlow\/PA Wire <\/p>\n

On Monday, the ninth day of the sustained stand-of, Northern Ireland First Minister and Sinn F\u00e9in deputy leader Michelle O\u2019Neill is expected to face an urgent question on her participation in the protest during plenary business at Stormont.<\/p>\n

Under parading laws in Northern Ireland, protests must be notified to and approved by, the Parades Commission adjudication body.<\/p>\n

Police have confirmed the protest was unnotified to the commission and therefore unlawful.<\/p>\n

Sinn F\u00e9in leader Mary Lou McDonald has said she and her party will \u201cof course\u201d co-operate with the PSNI over any potential investigation into the Garvaghy Road protest. \u2013 PA<\/p>\n

Katie Mellett – 5 hours ago<\/p>\n

Kneecap visit Garvaghy Road to support protesters\"(Left(Left to right) Mo Chara (Liam\u00a0\u00d3g \u00d3\u00a0hAnnaidh), DJ Pr\u00f3va\u00ed (J.\u00a0J. \u00d3\u00a0Dochartaigh) and M\u00f3gla\u00ed Bap (Naoise \u00d3\u00a0Caireall\u00e1in ) from the band Kneecap at the Garvaghy Road to show support for the Garvaghy Road residents. Photograph: Brian Lawless\/PA Wire <\/p>\n

On Sunday, Irish rap trio Kneecap visited the Garvaghy Road to show their support for the protesters.<\/p>\n

They went to a local school before meeting residents at the Drumcree Community Centre on Sunday evening.<\/p>\n

In a statement after the visit, the trio said: \u201cKneecap support the residents of Garvaghy Road, they\u2019re a determined and strong community.<\/p>\n

\u201cNo community should have to live with sectarian intimidation, racism or hatred. Not here, not now, not anywhere.\u201d<\/p>\n

Katie Mellett – 5 hours ago<\/p>\n

Fresh legal challenge to be heard today\"BreandanBreandan Mac Cionnaith of the Garvaghy Road Residents coalition on stage during a community event in support of the Garvaghy Road residents in the Drumcree parade dispute, as a stand-off between the Orange Order and Garvaghy Road residents continued for a seventh day. Photograph: Mark Marlow\/PA Wire <\/p>\n

A fresh legal challenge will be heard at the Court of Appeal in Belfast on Monday regarding the Orange march at the centre of the Drumcree stand-off in Portadown.<\/p>\n

Breand\u00e1n Mac Cionnaith, of the Garvaghy Road Residents\u2019 Coalition, who oppose the march, is to seek leave to apply for a judicial review of the decision by the Parades Commission to allow it to proceed.<\/p>\n

The hearing was originally listed for Friday but was postponed until Monday.<\/p>\n

The two sides remain deadlocked despite days of talks facilitated by Northern Ireland Secretary of State Chris Bryant last week.<\/p>\n","protected":false},"excerpt":{"rendered":"Main PointsA fresh legal challenge to the Orange march at the centre of the Drumcree stand-off in Portadown…\n","protected":false},"author":2,"featured_media":645511,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[270806,61,60,43,2443,21754,3415],"class_list":["post-645510","post","type-post","status-publish","format-standard","has-post-thumbnail","category-ireland","tag-drumcree","tag-ie","tag-ireland","tag-news","tag-northern-ireland","tag-police-service-of-northern-ireland-psni","tag-sinn-fein"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/645510","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=645510"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/645510\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/645511"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=645510"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=645510"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=645510"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}