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Belfast – The High Court in Belfast on Wednesday dismissed a legal challenge by the Orange Order against Northern Ireland Secretary Sir Chris Bryant’s decision to ban its contentious parade along the mainly nationalist Garvaghy Road in Portadown, ruling that the intervention was lawful.
Delivering the judgment, Mr Justice Scoffield said the Secretary of State’s decision was “lawful and within the margin of discretion properly afforded to him,” while describing it as deeply regrettable that such a step had become necessary in the circumstances.
The judge also cautioned that opponents of the parade should not view the ruling as a cause for celebration. He said the situation had come at a considerable cost to the people of Northern Ireland, both financially, through the diversion of police resources, and in its impact on community relations.
The judicial review was brought by a member of the Portadown District of the Orange Order. It challenged both Bryant’s intervention and the role of Police Service of Northern Ireland Chief Constable Jon Boutcher, whose security advice preceded the ban. Lawyers for the Secretary of State argued in court that he had no option other than to halt the march. An appeal against Wednesday’s ruling is expected to be lodged.
Bryant banned the parade on October 9 after hosting talks with both sides that failed to produce an agreed solution. His intervention followed a tense stand-off of almost two weeks in Portadown, which began after the Parades Commission approved the Orange Order’s request to complete its traditional route along the Garvaghy Road for the first time in nearly three decades. Police had assessed that officers could not safely escort the procession along the road while large crowds of protesters remained there.
The Parades Commission had barred the parade from the Garvaghy Road every year since 1998. Its most recent determination maintaining the ban was quashed by the High Court in August on procedural grounds, opening the way for the Orange Order to submit a fresh application, which the commission subsequently approved. Garvaghy Road residents later lost a legal bid at the Court of Appeal to overturn that approval.
Reacting outside the court, Sinn Féin councillor Catherine Nelson welcomed the ruling as the correct and only sensible outcome. “The days of forcing unwanted, sectarian marches down the Garvaghy Road are over,” she said, adding that her party had stood alongside residents to protect nearly three decades of peace and progress.
The Drumcree dispute was among the most serious flashpoints of Northern Ireland’s sectarian tensions in the 1990s, when annual stand-offs over the parade route triggered disorder and loyalist violence across the region. Recent polling indicated that a majority of respondents believed Bryant was right to block the parade.