Orange Order challenge against NI secretary and chief constable begins

News imageGetty Images A man is wearing an orange sash and a black bowler hat and holding a banner. A policeman has his back to the camera. He has a black vest on stating police in white lettering. He has a cap and a white shirt on. A parade is out of focus in the background. Getty Images
The parade (pictured above in 2018 on a 20th anniversary protest) had been halted due to a temporary injunction being granted at the High Court in Belfast

The High Court in Belfast has begun hearing a legal challenge against the secretary of state's decision to ban the Drumcree parade on security advice.

The case is being brought by a Portadown Orangeman against Sir Chris Bryant and chief constable Jon Boutcher.

Sir Chris' intervention ended a two-week stand-off after the parade route on Garvaghy Road was blocked by protesters.

Boutcher has said the parade could have caused serious disorder, with "catastrophic" consequences for Stormont and the peace process.

The applicant has alleged Boutcher had taken into account "wholly political" considerations, which were "immaterial" to policing decisions.

It is claimed these invalidated his advice and "infected" the secretary of state's decision.

Sir Chris showed "scatter gun decision-making" and had "misdirected himself".

It is also alleged he made "a fundamental error" in giving equal weight to a lawful parade and an unlawful protest.

At the outset of the hearing, Mr Justice Scoffield told the court that he would reach a "swift" decision either later this week or next.

Monday's legal challenge was originally scheduled for last week, but was delayed after the Orange Order added the chief constable to the case.

Legal saga: Where are we and how did we get here?

News imageA map of Drumcree

The latest flare-up of the Drumcree dispute has been full of legal challenges, involving the Parades Commission, Orange Order and Garvaghy Road residents.

Here is an overview, starting with a seemingly run-of-the-mill Parades Commission decision.

Earlier this year, the Parades Commission banned the Drumcree parade from entering the Garvaghy Road - a move which reflected every decision it has made since 1998.

Then, following a legal challenge brought by a member of the Orange Order, a High Court quashed that decision in August and a parades commissioner resigned.

This opened the door for a fresh application to march, which the Parades Commission granted on September 25 - albeit with restrictions.

Then came the night of eleventh hour drama.

On the eve of the march, September 25, there was a flurry of last minute legal chaos, with residents initially securing an injunction from the High Court, which was then overturned by the Court of Appeal just before midnight.

Permission for the parade was reinstated.

However, due to residents' protests, which were not sanctioned, the 35 Orangemen permitted to march were unable to do so.

News imagePA Media A PSNI land rover close to Drumcree Church in Portadown. It's white with metal guards at its front and over its sirens. There is a blue and yellow checkered pattern around it just above the wheels. It is in front of a grey stone church. The sky is cloudy. The PSNI land rover is parked at a side of a road, Drumcree church is seen in the background where a graveyard is also visible.PA Media
Both sides have sought court intervention from differing perspectives

An almost two week-long stand-off commenced between protesters on the Garvaghy Road and members of the Orange Order and their supporters camped one-mile away at Drumcree Church.

On 27 September the High Court refused residents leave to apply for a judicial review.

As talks to resolve the situation struggled along, on September 29 lawyers for the residents issued a fresh legal bid to try to prevent the march from going ahead.

On 5 October the Court of Appeal reserved judgment on the residents' appeal against the High Court's refusal of a judicial review.

On 10 October, after Sir Chris stepped in "in best interests of peace", the Orange Order appealed for a judicial review against the state's decision to ban the parade, which a High Court judge said did not constitute an emergency case.

Then on 12 October, the Garvaghy Road residents failed in a bid to challenge the Parades Commission's decision to allow the Drumcree parade to go ahead.

The Court of Appeal said their ruling was confined to the lawfulness of the decision - it was not deciding whether or not the march should occur.

Lady Chief Justice Dame Siobhan Keegan said it was decided before Sir Chris banned the march on Friday.

On the same day, the Portadown Orangemen successfully added PSNI Chief Constable Jon Boutcher - which takes us to where we are today.