Chris Bryant

With permission, Madam Deputy Speaker, I would like to make a statement on Drumcree. I should first alert Members to the fact that the decision that I will lay out in this statement is subject to legal challenge. I respect the court’s role and will not anticipate its conclusions. I wanted to update the House as soon as possible, but I hope that hon. Members will understand that this may limit some of what I can say. I also note that this afternoon the Court of Appeal, sitting in Belfast, refused leave to appeal to the Garvaghy Road residents coalition. The court therefore confirmed the Parades Commission’s determination as it was made at the time on 25 September, as did I. My exercise of powers under section 11 of the Public Processions (Northern Ireland) Act 1998, however, considered the situation as it stood on Friday 9 October. The repeated stand-offs at Drumcree in the 1990s saw disorder, violence and horrific deaths, and they represent a particularly painful chapter in Northern Ireland’s history. At the heart of the matter is the return route of the Orange Order Portadown district’s parade from Drumcree church. Members of the Orange Order attach great importance to completing their route down the mainly nationalist Garvaghy Road, while residents of the road have long opposed its passage through their community. For 28 years the independent Parades Commission had determined that the route should not pass down the Garvaghy Road, but on 25 September a Parades Commission determination allowed for 35 members of Portadown lodge to walk along the Garvaghy Road without the accompaniment of music on Sunday 27 September. To some, this was a legal victory that recognised the religious, cultural and personal significance of this procession. To others, it was a profound shock and a reopening of wounds they long thought closed. On Saturday 26 September, following a challenge brought on behalf of the residents, a temporary injunction was granted, then appealed and overturned, before permission to seek judicial review was refused in the early hours of Sunday 27 September. The parade, lawfully determined, was due to take place at 8 am that same morning. However, the Orange Order was unable to complete that route due to an unlawful, unnotified protest by residents of the Garvaghy Road and their supporters, who blocked the road. For much of the two weeks since, Drumcree has once again been the scene of a stand-off. This is a deeply emotive and hurtful issue for many of those who have been involved in this dispute, either now or in the past. I have spent the past fortnight in extensive conversations with all affected parties, trying to get a mutually acceptable agreement between the two sides. I hosted several rounds of negotiations at Hillsborough castle over five days and maintained frequent contact with those involved, including Members of this House. During those discussions, we explored multiple options for ending the impasse. These included options such as the Portadown Lodge completing one final march along the Garvaghy Road on the condition that it would not apply to march that route again, and an option that would have seen Portadown Lodge accept that it had won the right to march but agree not to exercise that right. Other options included the residents accepting that the lodge had had established the legal right and would not challenge other parts of the route. Unfortunately, we could not secure agreement. I want to thank the members of the Portadown Lodge for their time and constructive engagement. Their commitment to upholding the law and their co-operation with the police has been absolutely vital in maintaining calm and order. Having received a determination permitting them to march after 28 years, I recognise that they will feel bitter disappointment at its prohibition. I also want to thank members of the Garvaghy Road Residents Coalition for their engagement. They made clear to me the profound anxiety this dispute has brought, relighting painful memories. I deeply regret that we were not able to reach a compromise on a way forward. Although I was still keen to establish a local agreement, I did not want to see the stand-off continue into another weekend, with the consequent risk of protests spreading to other parts of Northern Ireland and the further deterioration of community relations. I therefore intensively considered all options for bringing this dispute to an end. On Friday 9 October, the Chief Constable of the Police Service of Northern Ireland made an application to me under section 9 of the Public Processions (Northern Ireland) Act 1998. As required by law, I reviewed the initial determination made by the Parades Commission relating to the application made by the Portadown district for 27 September 2026. I consulted the Chief Constable and the Parades Commission. The Chief Constable advised me that it would not be possible to enable the procession to happen without a major intervention, which would carry “an unacceptable risk of serious injury, disorder and a wider contagion affect across Northern Ireland.” The Parades Commission also advised me that while ultimately a matter for the courts to determine, the Commission was of the view that in the light of this current assessment by the Chief Constable, the original determination does not now have enduring legal effect. As a result, given that the circumstances under which that decision was made have now changed considerably and in the interests of wider public interest and safety, I came to the conclusion that the procession should not go ahead as it was originally determined. I did not take that decision lightly. I had tried to get a locally agreed solution and, as the Court of Appeal has held today, the Portadown district had a lawful determination from the Parades Commission allowing the procession. I have also not criticised the original determination made by the Parades Commission in good faith and based on the information it had at the time. Indeed, as part of my decision on Friday, I confirmed that original determination, which has also been upheld as lawful by the court, as anybody who criticises the Parades Commission should bear in mind. However, I must acknowledge that the situation has changed considerably, which is why I used my powers under section 11 of the Act to prohibit the procession. Respect for the rule of law is fundamental to our society. I am grateful to those who have behaved peacefully and legally, and sought to ease tensions in their respective communities. It is right to say that the Orange Order obtained a legal right to parade, but I agree with the Chief Constable, who has said “upholding of the Parades Commission determination does not come at any cost.” Upholding the law also entails judiciously preventing serious disorder, and that is why I am glad that, despite the manifest tension, events have passed peacefully in Portadown. That is in itself a significant achievement. I thank the PSNI officers who have carried the burden of policing this difficult situation. However, nobody is able to grant themselves immunity from the law, and those who have acted unlawfully must face the consequences of their actions. It is not for me to determine how the police exercise their duties, but I am glad that the PSNI operation in relation to unlawful protesting on the Garvaghy Road is under way. I am grateful to all those who have engaged with me in good faith and to those within this House who have worked diligently to reduce tensions. I particularly thank those who have sought to moderate their language. It is easy to stir up a grievance, but it is much harder to calm it down. I appeal now to everyone to help reduce tensions, and for all political and community leaders to consider carefully the effect of their words. I urge people to let the courts do their work, and to co-operate fully with the police and the Parades Commission. The community in Portadown has been on the sharp end of intense attention for a number of weeks. It will take time to rebuild relations. Sometimes leadership is extremely difficult, but it is vital that at this time the political parties in Northern Ireland offer stability. That can be a challenge when loud voices dominate. However, in my conversations with both sides and with political leaders from different parties and traditions, I have met many extraordinary people of good faith who want to rebuild trust and co-operation based on mutual respect. I hope all Members will want to share in that ambition. I commend this statement to the House.