A decision by the Parades Commission to restrict the annual Orange Order parade at Drumcree has been quashed by the High Court.
The successful legal challenge was brought by a Portadown Orangeman after the Commission conceded a procedural error: not all six members of the authority had signed off on the final determination before it was issued last month.
The Commission had banned the 2026 parade, as it has done every year since 1998. The dispute over marching along the nationalist Garvaghy Road has been a major flashpoint, sparking widespread disorder and loyalist violence in the past.
Mr Justice McAlinden confirmed: ‘I have no hesitation in making the quashing order. This is simply a case that does not stand up to any scrutiny at all.’
The Parades Commission said it has ‘already implemented procedural changes'” and will continue to ensure its processes are ‘lawful and appropriate’.
A spokesperson for the Orange Order said that ‘the recent developments following a High Court action taken by an individual against the Parades Commission have once again highlighted the inconsistency and arrogance of the unelected body.
‘By their own admission, the Parades Commission’s processes were not followed regarding their most recent determination on the annual Drumcree parade by the members of Portadown District LOL No.1.
‘Mr Justice McAlinden’s comments that the subsequent ruling against the parade was ‘clearly unlawful’, should not come as a surprise. For many years, the Parades Commission has simply issued a ‘copy and paste’ response refusing the Brethren of Portadown’s request to use their traditional return route following their annual church service – a tradition stretching back to 1807.
‘We… call on the Secretary of State to instigate a long overdue comprehensive examination of the Commission’s internal decision-making processes, which since its inception, have often lacked credibility, accountability and transparency.’
Sinn Féin MP John Finucane said: ‘The court has quashed a Parades Commission determination because of failings in how that decision was reached. It has not determined that an Orange Order parade should proceed down the Garvaghy Road, nor does today’s judgment give permission for one.
‘Our position is clear. We see no logic or justification for an Orange Order parade proceeding down the Garvaghy Road. If a fresh application is made, we will make representations to the Parades Commission firmly on that basis.’
The Commission noted the outcome ‘does not affect any future considerations and decisions’ on parades or protests and the Orange Order is now expected to make a fresh application to march the contentious route.
Leave a Reply