17/08/10

Stage 1 - Preparation by way of local dialogue:

o Local dialogue should start at the earliest possible time without waiting for the notification of the public procession.

The public procession organiser:

1. Must consider all of the aspects of the procession in advance with a view to identifying and seeking to address all relevant issues which may lead to disputes;
2. Must identify sensitive locations and hold informal discussions with local residents, business people and those with a legitimate interest in the proposed procession prior to submitting formal notification to OPAPP;
3. Must seek to address reasonable local concerns about the proposed procession prior to notifying OPAPP;
4. Must state the measures he is taking to address relevant issues.

Stage 2 - Notification of the public procession:

o Notification must be submitted on a form to the Office of Public Assemblies, Parades and Protests (OPAPP) by the public procession organiser at least 37 days prior to the date of the public assembly.

The public procession organiser:

5. Must make every effort to minimise any adverse impact the procession might have on the locality;
6. Should take into consideration places identified in any notified concerns or objections as raising valid human rights issues;
7. Should take into account any place of cultural or religious significance;
8. Should take into consideration places connected to the past conflict;
9. Should take into account any place where there has been a history of disorder relating to public processions or protests.
10. Must consider any sensitive locations that exist in the immediate vicinity of the procession and identify these locations on the form;
11. Must state what measures he is taking to address the relevant issues;
12. Must identify those categories of participants and third party participants (eg. Bands) expected to take part in the public procession;
13. Must promptly inform OPAPP of the eventual cancellation of the public procession and confirm it in writing;
14. Should submit the notification form as early as possible in order to create as much opportunity as possible for issues to be resolved through face to face meetings;
15. Should refer to the late notification and emergency procedures if it is not possible to anticipate the assembly in time to give the amount of notification necessary;
16. Must note that it is an offence to knowingly organise an assembly for which notice has not been given;
17. Should take note of informal discussions on the notification form that will be considered by PAPP Body if the procession proceeds to adjudication;

Stage 3 - Notice of concerns or objections:

o An objector can submit a notice of concerns and objections form to OPAPP within 7 days after the publication of the notification of the public procession form. Copy of the notice form will be sent to the organiser of the assembly by OPAPP.

The public procession organiser:

18. Should read the form carefully with a view to finding a way to address the issues raised, as objectors will have outlined the reasons for their concerns or objections as fully as possible;
19. Should note that failure to comply with the code of conduct can be used to justify a notice of concerns or objections for future public processions.

Stage 4 - Notice of a protest meeting:

o The objector who has submitted a notice of concerns and objections can submit on a form a notice of protest meeting to OPAPP 22 days before the day of the protest.

Stage 5 - Local dialogue:

o Maximum emphasis is placed on local contact and agreement in the early stages. The principle is that disputes ideally should be resolved by the parties involved as quickly and efficiently as possible. Face to face engagement will be the norm and encouraged as such.

The public procession organiser:

20. If required, must agree with the objector that a third party chairs the informal discussion between the procession organiser and the objector;
21. Must fully justify the exceptional circumstances that prevent him from entering into engagement to the satisfaction of the Adjudication Body if he does not engage;
22. Should note that the Adjudication Body may take into account a refusal to enter into engagement;
23. Must verify the local agreement once it is reached and before he notifies it to OPAPP;
24. May choose with the agreement of the objector that a monitor be appointed by the Adjudication Body for the public procession and must inform OPAPP about it.

Stage 6 - Mediation:

o If during the period of 7 days after submission of the notification of concerns and objections form the issues have not been resolved, the process moves to mediation. Face to face engagement will be the norm and encouraged as such at this stage.

The public procession organiser:

25. Should agree with the objector to choose a mediator from the list held by OPAPP;
26. Must fully justify the exceptional circumstances that prevent him from entering into face to face engagement to the satisfaction of the Adjudication Body if he refuses to engage;
27. Should note that refusal to take part in mediation may be considered by the Adjudication Body;
28. Should note that a monitor will automatically be appointed by the Adjudication Body to attend the procession if there is agreement on a resolution.

Stage 7 - Adjudication:

o If no agreement is reached 15 days before the procession is due to take place the mediator will refer the dispute to PAPPB (Public Assemblies, Parades and Protests Body) along with a factual report on the mediation to date. Copies of the reports will be sent to the organiser and objector.

The public procession organiser:

29. Should continue mediation while the dispute is considered by PAPPB. If mediation produces a decision then PAPPB stops considering the issue;
30. Has the right to know the case of the objector and is given an opportunity to respond;
31. Should comply with the requirements imposed by PAPPB;
32. Should note that a monitor will automatically be appointed by PAPPB where there has been a concern or objection lodged.

Stage 8 - Review of a panel decision:

o The public procession organiser can appeal a decision taken by a PAPPB panel on the grounds of a significant change in facts. Any review will be heard by the full PAPPB.

Stage 9 - Judicial review:

o Clause 22(4) of the Draft Bill provides that a decision of the new Commission ‘may be questioned by way of judicial review’. But it should be kept in mind that it is unlikely that the Courts will be willing to consider the merits of any decision of the Commission: judicial review is generally confined to procedural matters or points of law and even if a judicial review application is successful before the Courts, it is unlikely that a court would substitute its own decision for that of the Commission. Rather it will send the matter back to the Commission to reconsider its decision in line with the directions of the Court on the points of procedure or law on which the Court has ruled.

Note also that most applications for judicial review against the current Parades Commission have been unsuccessful because the Courts have ruled that disputes over parades are matters for determination by the ‘expert body’ appointed by Parliament for the purpose and that the Courts should not intervene save for said errors of procedure or on points of law.

This provision for judicial review does not therefore provide a full appeal against decisions of the new Commission.

Stage 10 - Public procession takes place:

The public procession organiser:

33. Must encourage participants to show respect and tolerance and behave with due regard for the rights and traditions of others (music, words, behaviour, clothing and uniforms, flags);
34. Must note that anyone who breaches the requirements set by PAPPB is liable to an offence;
35. Should take measures to prevent any harassment including that on the grounds of religious belief or political opinion of any person in the vicinity of a public procession whether or not the person is participating in the procession;
36. Should ensure that he keeps a list of all those participating in the procession, including names and contact details for the persons responsible for each organisation;
37. Should make this list available to the PSNI on request;
38. Must ensure that the procession takes place in accordance with the details submitted to OPAPP in the notification form;
39. Should ensure that changes agreed to through dialogue or mediation are complied with.
40. Should note that failure to comply with agreed changes is a breach of the code of conduct;
41. Should note that any failure to comply with requirements imposed by PAPPB may leave the organiser liable to an offence under PAPP legislation;
42. Should ensure that there are appropriate numbers of stewards for the procession;
43. Must give guidance and instruction to stewards on their role prior to the procession;
44. Should make every effort to ensure that all participants are informed of the terms of the code of conduct;
45. Should make clear to the participants that any failure to comply with the terms of the code of conduct could lead to them being excluded from future public processions;
46. Should comply with any direction given by PSNI where a public safety issue arises;
47. Should encourage participants to comply with directions regarding public safety;
48. Should ensure that no-one under the influence of alcohol or illegal drugs is allowed to participate in the procession;
49. Should take all reasonable steps to facilitate the monitor’s access to the public procession when he has been appointed;

50. The public procession organiser should note that it is an offence for him to:

. Knowingly organise a procession for which notice has not been given;
. Knowingly organise a procession, which differs from the terms notified to OPAPP;
. Fail to comply with the requirements imposed by PAPPB;
. Prevent or disrupt a lawful public assembly;
. Harass persons taking part in a public assembly.

51. The public procession organiser should also note that failure to comply with the code of conduct can be used to justify a notice of concerns or objections for future processions and may be taken into account by PAPPB in future adjudications.

Stage 11 - Evaluation:

o The evaluation will be compulsory if the PAPPB has made a decision on the public procession. It must take place within 60 days of the date of the procession. The meeting will be chaired by a listed mediator.

The public procession organiser:

52. Should make every effort to attend the meeting convened by OPAPP.

o The evaluation will be voluntary if the dispute is resolved at either local dialogue or mediation stage. The meeting will be chaired by a listed mediator.

The public procession organiser:

53. Can request it within 7 days of the procession. OPAPP must arrange the meeting within 60 days of the procession taking place.
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