Why are marches and parades allowed to take place?
Marchers have a right to 'freedom of peaceful assembly and association' under Article 11 of the European Convention on Human Rights. However, this right to march is not an absolute right, and does not come without responsibilities, and restrictions can be placed on it if necessary.
What did Sir John Orr’s review of marches and parades in Scotland reveal?
Sir John Orr made 38 recommendations for professionalising and modernising the way that processions are considered and handled. All his recommendations were accepted by Scottish Ministers.
What changes have been made to legislation surrounding marches and parades?
The legislation on marches and parades is contained in Part V of the Civic Government (Scotland) Act 1982. Amendments to the 1982 Act were made in the Police, Public Order and Criminal Justice (Scotland) Act 2006. The changes will come into force on 1 April 2007. Key changes are as follows:
- We have increased the minimum amount of notice that organisers must give to a local authority about their intention to march (from seven days to 28 days);
- We have removed the ability that a local authority previously had to exempt certain processions from the requirements to give notice;
- A local authority must consider a range of issues when deciding whether to prevent a procession or place conditions on it;
- A local authority must take account of whether a procession may place too much of a burden on the police;
- A local authority must take into account the effect that a previous procession had on public safety issues and how far those involved kept to any code of conduct or guidance; and
- A local authority must keep a list of processions that have been held in their area, or which have been prevented, to allow the public to see which processions happen regularly and which are likely to happen in the future.
What do local authorities have to do from 1 April next year?
All local authorities have a duty to follow the legislation set out in Part V of the Civic Government (Scotland) Act 1982. In addition, Scottish Ministers issued guidance to local authorities on 12 December 2006 which explains how the changes in the legislation should be followed from 1 April 2007 and how new good practices should be adopted by them. The publication of the guidance will ensure that consistency of practice is adopted throughout Scotland.
What has been done to improve the behaviour of those participating in a march or a parade?
March organisers, the Grand Orange Lodge, Cairde Na hEireann and the STUC, came together on 2 May to sign a statement with the Minister for Justice, Strathclyde Police and local authority representatives to agree to work in partnership to tackle unacceptable behaviour at marches and exert whatever influence they can to minimise the disruption they can cause to communities. The Provincial Grand Black Chapter of Scotland and the Ancient Order of Hibernians have also signed up.
I want to organise a march or parade. What should I do?
As a first step you should contact your local authority who are responsible for the regulation of marches and parades in your area. The police will also have to be notified.
I want to complain about a march or parade in my local community. Whom do I contact?
Local authorities, in consultation with the police, are responsible for the regulation of marches and parades and you may wish to contact them. If the complaint is about the conduct of those attending, you may wish to contact the police.