Orange Order add police chief to court challenge of Drumcree parade ban

An Orange Order challenge to a decision to ban the Drumcree parade has been delayed after Northern Ireland's police chief Jon Boutcher was added to the case.

The Portadown Orangemen want to overturn the Secretary of State's intervention on Friday night, which came after he received advice from the chief constable.

Boutcher had advised Sir Chris Bryant that the parade could have caused serious disorder, with "catastrophic" consequences for Stormont and the peace process.

On Monday, Belfast's High Court heard that the case is now being brought against both Boutcher and Sir Chris.

In a statement Boutcher said there is a "considerable public and online commentary about the rule of law and trust and confidence in policing and the [Northern Ireland] executive".

"The history of Northern Ireland and loss of life associated with such disputes make that inevitable as emotions run high," he added.

• What is the Garvaghy Road dispute all about?

The Orange Order's case was adjourned until 19 October at a short hearing at the High Court.

The court heard that Boutcher was added to the case at 17:30 BST on Sunday.

Barrister, Peter Coll KC, for the Police Service of Northern Ireland (PSNI), asked for more time to prepare for the new role in the legal challenge.

Lawyers for the Orangeman taking the case argue that: "Given the immaterial considerations which vitiated the PSNI assessment, it follows that the same error infected the secretary of state's decision."

Richard McConkey KC, representing the Portadown Orangeman, accepted: "We are seeking to include the chief constable as a second respondent (but) it will have a knock-on effect on the hearing date."

Loyalist activist Jamie Bryson, who is acting as a legal adviser for the Portadown District Lodge, explained that the legal case was widened to include the chief constable because the secretary of state "has relied upon" Boutcher's assessment.

"The chief constable has decided he can't police this. We say he hasn't made any efforts to police it," Bryson said outside court.

Mr Justice Scoffield set aside a full day to deal with the application for judicial review, saying he had "balanced the requirements for efficiency and expedition".

On Monday evening, Sir Chris acknowledged that his decision to ban the parade will have caused "bitter disappointment" and that he "utterly" rejects the suggestion that he "in any way succumbed to mob rule".

Sir Chris was responding to a question in the House of Commons from DUP leader Gavin Robinson, who said the British government had "bent the knee".

The NI Secretary said the dispute "actually passed remarkably peacefully" and he paid tribute to both Portadown Lodge and the Garvaghy Road Residents' Coalition for their engagement.

Sir Chris said, during multiple negotiations at Hillsborough Castle, he had discussed letting the Portadown District complete "one final march", on the condition that it would not apply to walk that route again.

Another option would have seen the lodge "accept that it had won the right to march", but agree not to exercise it.

The secretary of state said he "deeply" regrets that the parties involved "were not able to find a compromise on a way forward".

Sir Chris also told the Commons it is "vital" for political parties to offer stability and leadership.

"It is easy to stir up a grievance, it is much harder to calm it down," he said.

"I urge people to let the courts do their work and to co-operate fully with the police and the parades commission."

He added that those "who flouted the law" and are considering doing so again, that "nobody is above the law, and you will face the consequences of your actions".

Earlier on Monday, Boutcher said he has "directed that the criminal justice process continue at pace regarding those who engaged in unlawful protest".

He also asked people to not "let a minority of bad actors incite any criminality or allow Northern Ireland to go backwards".

"I am mindful of ongoing legal proceedings and ask everyone to respect those processes and act with decency towards those who attend court."

He added in his statement that there were no protesters or Orange Order members present at Drumcree on Sunday, and there has been no disorder "which should be viewed positively by everyone".

Also on Monday, the Garvaghy Road residents failed in a bid to challenge the Parades Commission's decision to allow the Drumcree parade to go ahead.

The Court of Appeal said their ruling was confined to the lawfulness of the decision - it was not deciding whether or not the march should occur.

Lady Chief Justice Dame Siobhan Keegan said it was decided before the secretary of state banned the march on Friday.

Residents had argued the commission's decision was flawed over how it weighed up the potential for disorder.

Although Sir Chris subsequently banned the march, he did not "strike down" the commission's ruling, which still stands.

The parade, by 35 members of Portadown District Orange Lodge, was meant to have gone ahead on 27 September.

However, an unlawful protest blocked the mainly nationalist Garvaghy Road and a two-week stand-off developed.

On Friday, Boutcher urged the Secretary of State to intervene.

Boutcher said "proportionate options" to police the parade had been "exhausted" and any operation to clear the route would have "catastrophic" consequences.

Policing the stand-off has cost around £5m, largely due to officer overtime.