Drumcree march legal challenge adjourned as judge pleads for agreement before Sunday's parade

A judge overseeing the legal challenge to the Parades Commission's decision to permit an Orange Order parade along the Garvaghy Road in Portadown has adjourned proceedings and urged all sides to reach an agreement, warning they should "be big enough to step back from the abyss."

Judge Patricia Smyth was sitting on a judicial review brought by the Garvaghy Roads Residents Coalition against the commission's ruling. She said the matter before the court was of "fundamental importance" to the whole of Northern Ireland, and told those involved she was giving them a final opportunity to resolve the dispute among themselves. The hearing was paused for a short period so that the coalition, the Orange Order and the Parades Commission could consider her request.

The commission confirmed on Friday that the parade can go ahead on Sunday with a number of restrictions, ending a stand-off that has echoes of the Drumcree confrontations of the 1990s. It will be the first time in almost three decades that the march has been permitted to take the route, in what campaigners on both sides describe as a moment of deep significance for the small Co Armagh community.

The judge's intervention came after she said information supplied to the court by the Police Service of Northern Ireland had "promoted further enquiries", and that "further time would be of benefit to the court". Smyth said it would be "contrary to justice and unwise" to rule in the absence of information on the issues she had identified. She noted that the date the Orange Order had identified as important was 5 July, and that "there is no prejudice in adjourning for a short period to allow this case to be prepared by all parties." She added that it would be to the disadvantage of both the Orange Order and the commission for the case to proceed before the full picture was available.

Restrictions on the march

Rather than setting off at 13:00 BST as originally planned, the parade will depart no later than 08:00. The number of participants has been cut from the 60 requested by the Orange Order to 35, and no bands or supporters will be allowed to take part, according to the commission's determination.

Speaking on Saturday, a lawyer for the residents told the High Court it was unclear whether the PSNI assessment referenced in the commission's determination amounted to the "entirety" of what the police had told commissioners. The residents' legal team has requested the full PSNI assessment, as well as earlier assessments, in order to establish whether there had been any change over time.

Counsel for the residents also told the court there had been a "significant change" in the Parades Commission's approach, one of the grounds on which the judicial review is being brought. Before standing down, Judge Smyth said she would like to hear from the parties on a way forward during the short time available to them.

Protest march pending

The residents' coalition has also applied to the Parades Commission for permission to hold a protest walk against the parade on Sunday, with 5,000 people listed as taking part. A decision on that application was expected on Saturday.

Church concerns

The timing of the march has raised particular anxiety for the Catholic parish at Drumcree. According to the parish website, Mass is celebrated at 08:30 each Sunday at the church of St John the Baptist on the Garvaghy Road. Asked by BBC News NI whether Mass times had been taken into account when reaching its determination, the commission said commissioners "recognise that the timings set out in the determination" should allow the church service to proceed as normal.

Fr Peter Clarke, a priest based at St John the Baptist, said he is worried the march is "going to clash" with parishioners arriving at and leaving the church. He said he emailed the commission following Friday's decision to register his concerns, but added he "doesn't know how they came to" their conclusion, which is now "out of their hands".

The priest said he has "unhappy recollections" of the Drumcree dispute of the 1990s and "wouldn't like to see" a return to those days. He added that parishioners at St Patrick's Church on William Street are also likely to be affected ahead of their 10:00 service. Fr Clarke said "tensions are high" in the community and that he will address the situation during Sunday's Mass.

Church leaders call for calm

In a statement issued on Saturday afternoon, Archbishop Eamon Martin, the leader of the Catholic Church in Ireland, called for "prayers and support for a peaceful resolution" to what he described as the complex Garvaghy Road situation. He said he shares the "sense of shock and disappointment of so many people" at recent developments, and that his thoughts are with those for whom the dispute brings "back deeply traumatic and painful memories".

The archbishop also appealed for continued and patient use of "solely lawful and democratic processes" to resolve what he called a "deeply complex and emotive situation".

The Orange Order has said it will comply fully with the restrictions imposed by the commission. Whether the parties can reach a negotiated settlement before Sunday remains uncertain, but the judge's request gives each of them a narrow window in which to do so. Failure to agree would see the judicial review resume, with the legal questions about the adequacy of the police assessment and the change in the commission's approach still to be resolved. The outcome will decide not only whether the march goes ahead on the Garvaghy Road, but also how one of Northern Ireland's most sensitive communal flashpoints is managed in a politically charged week.