The court was clear that the state’s obligation to facilitate peaceful assembly ‘does not require a lawful procession to be facilitated at any cost’, said the PSNI.

The court was clear that the state’s obligation to facilitate peaceful assembly ‘does not require a lawful procession to be facilitated at any cost’, said the PSNI.

It follows the High Court judgement concerning the policing operation at Drumcree on September 27 when the notified parade by the Portadown Orange District was blocked by a counter protest on the Garvaghy Road in Portadown.

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PSNI Land Rovers lined up and waiting in a side street off the Garvaghy Road in Portadown as protesters filled the road. They were protesting at the Parades Commission determination to permit Portadown Orange District to march through the Garvaghy Road.placeholder image
PSNI Land Rovers lined up and waiting in a side street off the Garvaghy Road in Portadown as protesters filled the road. They were protesting at the Parades Commission determination to permit Portadown Orange District to march through the Garvaghy Road.

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A PSNI spokesperson said: “"We welcome the court’s clear finding that the Chief Constable’s decision to seek a review of the Parades Commission’s determination was lawful, and that the subsequent decisions of the Secretary of State were also lawful.

"The judgment recognises that PSNI’s operational strategy was directed towards facilitating the procession, while balancing the rights of all those affected and prioritising the preservation of life and public safety. It also acknowledges the extensive planning, significant resources, engagement and negotiation undertaken throughout the operation.

"The court accepted the assessment that all lawful and proportionate options to facilitate the procession had been exhausted. It found that a major public-order operation to clear the Garvaghy Road would likely not have succeeded and would have created an unacceptable risk of serious injury, disorder and wider harm across NI.

"The judgment further recognises that the police operation, the efforts to secure a negotiated resolution, and the continuing criminal justice response collectively met the State’s obligation to take appropriate steps to facilitate peaceful assembly. The court was clear that this obligation does not require a lawful procession to be facilitated at any cost.”

The Chief Constable Jon Boutcher said: “This was an exceptionally complex operation. Our officers and staff worked prolonged hours in exceptionally challenging circumstances for an extended period seeking to facilitate a lawful procession peacefully, while protecting everyone affected by the situation. Their commitment and professionalism in these circumstances was simply first class.

“Our decisions were informed by the operational picture, intelligence, public safety, the risk of serious disorder and the impact on communities and policing across Northern Ireland. The court has recognised that these were proper and compelling policing considerations.

“We recognise the significant public interest which continues to surround this matter. PSNI remains committed to impartial policing, upholding the rule of law, protecting the public and facilitating peaceful processions wherever it can be done safely and proportionately.

“The High Court also noted the ongoing investigation into alleged criminal offences connected with the un-notified protest and obstruction of the route. That investigation remains ongoing.

“The Police Service of Northern Ireland will continue to work with all communities, statutory partners and organisers to support the safe and lawful management of public processions and related protests. We should all remember that legitimate positions exist on both sides of this dispute and that it is incumbent on all parties to work together to find a peaceful way to resolve such issues. I am proud of the policing response and want to publicly acknowledge the officers and staff involved who made sure that Northern Ireland did not suffer disorder. They are a credit to society.”

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