Glasgow 'cannot' 'impose temporary ban on Republican and Loyalist marches

A report by council leader Susan Aitken being put to Glasgow City Council's city administration committee today said: "Members will... be aware that the chief executive was asked to consider all options, including a moratorium on all such parades, to allow time for all stakeholders to work together to find a long term solution.

"On the question of a moratorium the legal advice received is that that there is no current legislative basis for the Council to impose a moratorium on processions."

Justice secretary Humza Yousaf backed a possible moratorium on Loyalist and Republican marches in Scotland's largest city a fortnight ago.

READ MORE: Humza Yousaf supports temporary Glasgow ban on loyalist and republican marches

That was before hundreds joined a demonstration in Glasgow in protest at a decision to ban marches over one weekend over fears of sectarian disorder.

Four Loyalist marches and an Irish Republican parade had been banned by the council a fortnight ago.

It came after violence has flared at parades in the city over the past two weekends, with police responding to "significant disorder" at a march in Govan on August 30.

Senior members of the Grand Orange Lodge of Scotland claimed Glasgow City Council’s decision to prohibit the six parades was illegal.

The new report states that public processions, protests and marches are "fundamental rights in a democratic society which this council continues to uphold and facilitate, recognising their importance as a form of celebration, commemoration, remembrance or as a call for action and change".

While the right to process and march is protected under Article 11 of the European Convention of Human Rights (ECHR), the report said that this is "not an absolute right and proportionate restrictions may be placed on the exercise of these rights by law in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others".

READ MORE: Marches to be reviewed after Govan violence

It says that each procession "must be looked at in its own merits", with case law demonstrating that the council "has a duty to remain impartial and neutral".

While a proposed review over the council's policy and code of conduct over processions was ongoing the report said the council will continue to scrutinise "every notification for a procession against all available information from officers and Police Scotland before determining whether it can go ahead with or without condition(s), or should be prohibited".

But the report added: "It is considered that a more fundamental review of the Policy and the Code of Conduct, including current and potential legislative powers, is required to look at the balancing of the rights of assembly with issues such as disruption to the community, including those living, working and visiting there, disruption to businesses, anti-social behavior, violence, public and resident safety, and cost.

"A key issue will be the cumulative impact that the number and frequency of processions have on areas and to identify what steps can be taken, working with those related organisations, to address this.

"This extended review will build on what has been done to date and provide an opportunity for local residents to let us have their views on the impact of processions through consultation, but will also involve focus groups, interviews, workshops and other forms of direct engagement with a wide range of stakeholders, including importantly, procession organisers, community representatives, public agencies, transport providers and businesses."

The review findings are expected to be brought to the committee in early 2020.

The report also said that whilst Police Scotland were "more than capable" of managing the challenge of community tensions which had "escalated" over processions the city had "historically accepted", the level of its resources required to deal with them is "significant, both financially and operationally". This required Police Scotland to draw officers from their everyday responsibilities across Scotland.

There were 318 processions in 2018.

A spokesman for Glasgow City Council said: “A report setting out proposals for a cross-party group, requested at a meeting of the Council on September 12, will go before members today.

“The paper also confirms that the council has received legal advice that, under current legislation, there is no legal basis on which the council could impose a moratorium on processions.”