Rasharkin parade restriction upheld

Published Friday, 17 August 2012
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A judge has upheld a Parades Commission decision to limit the number of bands that can take part in a contentious parade through the mainly nationalist village of Rasharkin.

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A review was carried out by a High Court judge on Friday after parade organisers challenged the commission's decision that 25 bands could parade in the Co Antrim village.

A lawyer for the Ballymaconnelly Sons of Conquerors Flute Band argued that the restrictions were a punishment by the Commission for their 'mistaken' belief that parade organisers had failed to engage in mediation with local residents.

Mr Steven McQuitty said organisers had supported initiatives by independent mediators and were only unwilling to engage with a Parades Commission mediation process because they were the body who took decisions about marches.

Mr McQuitty said that it was the residents who pulled out of one of the proposed rounds of dialogue.

He said the Commission's ruling was irrational, unreasonable, unfair and discriminated against one side.

A lawyer for the Parades Commission, Mr Joe Kennedy denied that the ruling had been a punitive one and he rejected claims that the Commission had breached their own regulations.

He said the restriction on the number of bands had been imposed to reduce community tensions in Rasharkin and to minimise disruption to life in the village.

The judge Mr Justice Weatherup told the opposing lawyers his only concern was if the Parades Commission were entitled to impose the restrictions not if it was the right thing to do.

After considering the case for 40 minutes, the judge returned to say he believed the restrictions were within the scope of the Commission's powers and he said he didn't believe the body had breached their own guidelines.

The Court's judgement recognised that the Commission had the right to set such conditions as it deemed necessary and that it was legitimate to take into account the lack of engagement between parade organisers and the local community.

Parades Commission

The Parades Commission said in a statement they were pleased the court "upheld the process and factors we used to reach a fair and balanced decision."

"We hope that those participating and attending the event will abide by the determination and will reflect upon the need for a sustainable solution achieved through meaningful dialogue."

DUP representatives Ian Paisley Jnr and Mervyn Storey were in the High Court in Belfast for the case along with parade organisers and the chairman of the Parades Commission Peter Osborne was also present.

Mr Paisley said the rights of the band parade organisers had not been upheld but that he was hoping for a peaceful parade in Rasharkin on Friday evening.

North Antrim Sinn Féin MLA Daithí McKay also welcomed the judge's ruling.

"The attempt to overturn the Parades Commission determination on this parade would have resulted in a huge procession taking place in the village this evening with 44 bands," Mr McKay said.

"The original decision by the Commission to limit the number of bands to 25 is a step in the right direction and came after another year when the band refused to engage with local residents in Rasharkin.

"Residents here want this evening to pass off peacefully and to see the Ballymaconnolly band take meaningful steps to enter into engagement with residents rather than have this situation develop year after year."

© UTV News
Comments Comments
14 Comments
Mark in Belfast wrote (276 days ago):
Parades commission = pathetic puppets who roll over to republican bully boys...
Dee in Glengormley wrote (277 days ago):
Only in N Ireland, where there is this poisoned jaundiced view of what's normal, would these parades be tolerated. They are a festering sore which has plagued N Ireland for years. Synonymous with bigotry and violence. For loyalists it's about trying to lord it over Catholics. Unfortunately they've done this for years because it's been facilitated by government and the police. More damning is this preposterous idea that this represents culture. It's been interwoven into the fabric of N Ireland for generations where it's acceptable to subject innocent catholic residents to pure unadulterated sectarianism. That's the very essence of orangeism. But the saddest, most tragic indictment of our society is that the media and others of influence try to dress this nonsense up as culture and heritage. Their annual coverage of the twelfth is disgraceful. Where else in the world would a body of rightwing sectarian bigots be given a cloak of respectability by being allocated a devoted programme slot to cover their parades? Let me ask this - what would happen if the EDL wanted or attempted to parade through Brixton or some other area of England that was black, Asian, etc?
Davy McFaul in South Derry wrote (277 days ago):
Over three thousand marches from April to September and less than 0.05% of them are contentious. Some MOPEry on here about St Patrick's Day in Belfast City Centre and Republican's "marching where they want", (untrue). Belfast is a majority nationalist city and it's centre is a shared space, witness the OO marching through it. Republican marches are non - contentious because they march in their own areas. Don't want marches to be opposed? Don't march in areas where they are not welcome.
Ryan in Belfast wrote (278 days ago):
Reading the comments from Loyalists on here is interesting. Many of you still think your back in the times when you could do whatever you want, you could have marched your sectarian parades through a Catholic Church if you wanted to, in those days. Well, im very pleased to say those days are gone and they will be staying gone. Parades should only go ahead if the all residents of the particular area agree to it. Sectarian parades are not welcome in Catholic areas, the police have a duty to ALL of the citizens of NI, not just Loyalists.
Thomas in Belfast wrote (278 days ago):
Willy, the fact that you said "the only people who should celebrate st Patrick are Christians not republicans or Protestant" just goes to show how thick and narrow minded you really are. Republican is a political stance, Protestant is a religious group (Christian). Two completely different things. People are so quick to get one up on "The other side" that they really don't think about what they are saying. I think that in relation to parades, Republican or Loyalist, their route should be determined by the residents of the areas they want to walk through. If the residents don't want either then they will have to find somewhere else to walk. This marching culture in Northern Ireland is so pointless, and does nothing more than create tension and unwanted trouble by rubbing each others "culture" in the opposing communities face.
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