PROPOSALS for a Northern Ireland-style parades commission in Scotland have been rejected by a working group set up by Scottish ministers. 

The plans to establish an independent body with the power to regulate processions and counter-protests was attacked by both the Orange Order and campaigners against anti-Catholic bigotry when it was first proposed.

In the report, the Short Life Working Group on Processions in Scotland, says there is “no immediate need for wholesale change in the regulation of processions”. 

It notes that there are “very significant issues in Glasgow and surrounding areas” related to “sectarianism and a football sub-culture in the city into which issues of the future of Scotland and Brexit have fed.” 

READ MORE: Glasgow Apple store staff make history after becoming first in the UK to unionise

However, these divisions “are not the same, not as deep, as those in Northern Ireland.”

The group says decision-making should remain the responsibility of councils to make decisions on marches.

Instead of a “fundamental overhaul of the regulatory model in Scotland” they recommend minor amendments to primary legislation.

The key proposal is replacing the licensing regime, where an organiser has to ask for permission to hold a march, with a mandatory 'notification' requirement.

“The presumption in a notification framework is that the organiser of an assembly can proceed unless and until the relevant authority intervenes. 

“In contrast, no such presumption exists under an authorisation, licensing or permit procedure.

"Under the latter system, the organiser of an assembly must instead wait for positive affirmation (by way of permission, approval of an application or the granting of a license or permit) before assuming that a procession may proceed.”

READ MORE: Glasgow City Council facing massive cuts with deficit ten times higher than last year

Instead, the process should be “streamlined and light-touch so as to enable the filtering-out of processions that do not require any form of adjudication.” 

Any intervention “should be based on the anticipated impact of the procession (and not on who is marching or what is the message being conveyed – with the exception of messages that advocate hatred constituting incitement to discrimination, hostility or violence).”

And even then, when it comes to contentious or sensitive marches, authorities must have “compelling evidence to suggest that a notified procession raises concerns” around their ability to comply with the European Convention of Human Rights, “principally, the prevention of disorder or crime and/or the protection of the rights and freedoms of other.”

The group points out that in Northern Ireland, the only person with the power to prohibit a march is the Secretary of State. In Scotland, the power lies with local authorities.

In England and Wales, police must apply to the local council for a prohibition order and that authority must then in turn obtain the consent of ministers.

“We suggest that there may be some advantage in locating the power to prohibit public processions outside of local authorities, and in creating a higher statutory threshold for prohibition than exists for imposing conditions,” the group says. 

They also warn that decision-making “becomes over reliant on information provided by the police.” 

“This is not a criticism of any of the institutions that we have met with but an outworking of the legitimate separation of decision-making over processions from the institution of the police,” the group added.

One radical proposal from the group would be to remove politicians from the decision-making process.

They say that it can often be “difficult to get councillors to sit on the processions committee, including a reluctance to sit on the committee due to some of the criticism they might receive including on social media.”

And that if there is a “particularly heated political context” then the “institution involved will come under pressure and the legitimacy of the process questioned.”

One suggestion is “a standing committee on which sit a number of individuals drawn from civic society, appointed for a period of time to make decisions over contested processions.” 

They also suggest the need for public order policing could be reduced if there is better interagency working. 

Cabinet Secretary for Justice and Veterans Keith Brown said: “Marching, parading and protesting is of great importance to many people in Scotland for cultural, community and political reasons.

“The Scottish Government fully recognises this and is committed to freedom of speech and to upholding the human rights of those seeking to participate in such events.

"But in doing this we must also ensure that the rights of those seeking to go about their business undisturbed are also protected.

"As such, a balance must be struck between protecting the rights of those who seek to march or protest and those of the communities impacted by such events.

“I am very grateful to the Working Group for their dedication and hard work in developing their report and recommendations, as well as to everyone who took the time to speak with group to give their experiences and expertise.

“We will continue to hold meaningful and productive dialogue with march and parade organisers, community representatives, Police Scotland and local authorities to ensure that, collectively, we continue to work towards achieving the correct balance of right for all.”

Chair of the working group Dominic Bryan, said: “Members of the working group were impressed with much of the work already undertaken by local authorities in sometimes challenging circumstances.

“We believe that our recommendations will offer a sustainable way forward for the facilitation and regulation of processions in Scotland reflecting important human rights considerations.”

The 18 recommendations are printed in full on page 3 of the Report of the Short Life Working Group on Processions in Scotland.

Last September saw thousands of Orangemen and supporters take to the streets in more than 50 processions to mark the anniversary of the Battle of the Boyne.

Police arrested 14 people, primarily for public disorder and acts of anti-social behaviour, but also for “sectarian related breach of the peace.”

An Orange March was cancelled in 2018 after Canon Tom White was spat on and verbally abused while parishioners were leaving Mass at St Alphonsus Church in the Calton.

The next year saw violence during an event by the James Connolly Republic Flute Band, who were trying to take part in what they called an “Irish Unity March” in Govan.

They were met by a loyalist counter-protest. 

Riot cops were forced to kettle both sides.

Last September, the SNP’s James Dornan, who represents Glasgow Cathcart, told the First Minister there were "shameful reports of Glasgow city councillors receiving death threats when any possible restrictions of Orange parades were discussed". 

He said he had "no doubt that just as in Northern Ireland, a Parades Commission would go a long way towards taking some of the heat out of the discussion of parades".