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Listen
Chair's foreword
This report of the working group on marches and parades describes how all 38 recommendations in Sir John Orr's report 'Review of Marches and Parades in Scotland' - which was published in January 2005 - should be taken forward by local authorities, the police and the organisers.
The working group drew together the interests of various major public organisations:
- the Convention of Scottish Local Authorities;
- the Society of Local Authority Lawyers and Administrators in Scotland;
- the Society of Local Authority Chief Executives and Senior Managers;
- the Association of Chief Police Officers in Scotland;
- the Scottish Police Federation; and
- the Association of Scottish Police Superintendents.
The Scottish Executive also held talks with a number of organisations and took account of what they had to say on the proposals for changing the way that processions should be planned and managed. We, the working group, would like to thank everyone involved for their contribution in taking forward the recommendations in Sir John's report and I would personally like to thank all the members of the working group for their support and advice in finding workable solutions to all of Sir John's recommendations.
We would like to remind everyone involved in handling marches and parades that a vital part of the new process is about keeping the community informed of proposals to hold a march in their area. It's also about getting views from individuals, local businesses and community organisations and collecting their comments before making decisions. However, local authorities must remember that they have a duty to act in line with Article 11 of the European Convention of Human Rights ( ECHR). As a result, any decision they reach after consulting the police that they need to place conditions on a procession, or that a procession should be prevented altogether, must be compatible with the right to freedom of assembly and association given under the ECHR.
You should read this report with the Scottish Executive's publication 'Review of marches and parades in Scotland - guidance for Scottish local authorities', which was issued under section 65A of the Civic Government (Scotland) Act 1982 at the same time as this report, and the process chart that goes with it. That guidance has been prepared as a source of advice and sets out all the main steps that local authorities should take through the process when considering whether to prevent processions or place conditions on them when carrying out their functions under Part V of the Civic Government (Scotland) Act 1982. We sent the guidance and process chart to all 32 Scottish local authorities, Scottish police authorities and organisations with an interest in marches and parades. It is available at: http://www.scotland.gov.uk/Publications/Recent.
Please read this report and the guidance. I am sure that the police authorities and the marching organisations will also find them helpful when examining their role in the new process.
Alastair Merrill
Chair of the Working Group on Marches and Parades
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