A High Court judge in Belfast has ruled that the Northern Ireland Secretary acted lawfully in prohibiting an Orange Order parade along the Garvaghy Road in Portadown, after police concluded it could not take place safely because of a substantial protest.
Mr Justice Scoffield dismissed a judicial review brought by Alan Hynes, a member of Portadown District Loyal Orange Lodge No. 1, challenging the decision to ban the procession.
The Parades Commission had initially approved the parade on 25 September 2026, subject to conditions. However, it did not take place as planned on 27 September because police said protesters were blocking the route and it could not be facilitated safely.
The Police Service of Northern Ireland (PSNI) mounted a substantial operation to try to enable the procession while protecting public safety. However, the Chief Constable concluded that all lawful and proportionate options had been exhausted, and that forcing a route through the protest would risk serious injuries and disorder.
On 9 October, the Chief Constable asked the Northern Ireland Secretary to review the Parades Commission’s decision. The Secretary of State subsequently confirmed the original determination but concluded that changing circumstances meant it could no longer be implemented. He then issued an order prohibiting the parade.
Following the cancellation, the Secretary of State held discussions with representatives of the Orange Lodge and the Garvaghy Road Residents’ Coalition in an attempt to reach an agreement. However, no compromise was found. The Lodge insisted that the procession must use the Garvaghy Road, while residents’ representatives maintained that no parade should take place along the route.
In his ruling, the judge acknowledged that the Lodge members had a legal right to march under the original Parades Commission determination. However, he said the authorities had taken appropriate steps to facilitate the procession and that their legal duty to protect the right to peaceful assembly did not mean it had to proceed ‘at all costs’.
The judge ruled that the Secretary of State was entitled to prohibit the parade because of the risks of disorder, disruption to community life, damage to community relations, pressure on police resources and the rights of other people.
He also rejected arguments that the decisions were irrational or unlawfully restricted the rights of Lodge members under the European Convention on Human Rights.
The judge described the outcome as ‘highly regrettable’, but concluded that the decisions were lawful and within the Secretary of State’s discretion.
He also urged people on all sides of Northern Ireland’s divisions to respect the rule of law, regardless of whether they agreed with particular legal decisions.
He said: ‘The law does not apply only when you agree with it or with the outcome of a particular legal process.’
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