Orange may challenge parade threat in Scotland

The Orange Order could launch a legal challenge on human rights grounds if there is a failure to reach an agreement on the holding of marches and parades.
The annual Drumcree parade was again prevented from walking down the Garvaghy road on their return to Carlton Street Orange Hall in July 2017. Now legal tensions are also arising in Scotland regarding Orange parades. 
Photo Matt Bohill/Pacemaker PressThe annual Drumcree parade was again prevented from walking down the Garvaghy road on their return to Carlton Street Orange Hall in July 2017. Now legal tensions are also arising in Scotland regarding Orange parades. 
Photo Matt Bohill/Pacemaker Press
The annual Drumcree parade was again prevented from walking down the Garvaghy road on their return to Carlton Street Orange Hall in July 2017. Now legal tensions are also arising in Scotland regarding Orange parades. Photo Matt Bohill/Pacemaker Press

The future of a number of public events is currently under threat after Police Scotland obtained legal advice last year confirming its officers lack the power to hold up or divert traffic without a court order.

It means Scottish local authorities will be required to apply for Temporary Traffic Regulation Orders (TTROs), with the cost likely to be passed on to the organisers of events such as parades and political demonstrations.

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In an update provided to the Scottish Police Authority’s policing committee, which discussed the matter yesterday, Assistant Chief Constable Nelson Telfer said work was ongoing to create a “consistent framework” across the country where TTROs are put in place as a matter of routine.

But he warned: “Failing to reach consensus may result in legal challenge from the Orange Order who have communicated their belief that it is their human right to parade on historical, religious, cultural and political grounds.

“It is believed that the Orange Order have also sought legal advice that supports their position.”

Robert McLean, executive officer of the Grand Orange Lodge in Scotland, said the situation was “farcical”.

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He said: “The Scottish government should tell Police Scotland that they should be policing all events and if they can’t, the Scottish government should bring in legislation that allows them to do it.

“We’ve always been clear on this – if someone comes along and says we can’t parade, we’ll look at that. If it’s infringing on our human rights, then we’ll take legal advice.

“We taken legal advice from a senior QC and we know what our rights are. That’s why we’ve asked to sit down with Police Scotland and the Scottish government to see if we can resolve this.”