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Annex A Review of Marches and Parades in Scotland: Questionnaire for Local Authorities

SECTION 1: CONTACT INFORMATION

SECTION 2: PROCESSES IN PLACE

Question 1. Please give a general overview in the box below of the changes that have been made by your Local Authority to help it meet the new requirements in the Civic Government (Scotland) Act 1982, as amended. (See paragraphs 15 to 39 of the Guidance to Local Authorities). Please also explain below how these might have changed from previous arrangements.

For example, it would be helpful to know what changes have been made in administrative arrangements; how operational procedures may have changed; whether more Committee meetings are held than before; how record keeping has changed etc.

Question 2: Has your Local Authority prepared a "How To" guide? (See paragraphs 41 and 42 of the Guidance to Local Authorities).

Yes/No (delete whichever does not apply)

Question 3. Has your Local Authority prepared a Code of Conduct (See paragraphs 43 and 44 of the Guidance to Local Authorities).

Yes/No (delete whichever does not apply)

Question 4: Has your Local Authority established a single gateway process?

Yes/No (delete whichever does not apply)

Question 5: What publicity methods does your Local Authority use for advertising the lists of processions kept under section 63(9) of the 1982 Act? (See paragraph 36 of the Guidance to Local Authorities for options). Please insert a cross in all of the following boxes that apply:

………………………………………………………………………………………………......

………………………………………………………………………………………………......

Question 6: Does your Local Authority share its experiences about processions with other local authorities and other interested bodies such as the police, national park authorities etc (See paragraphs 47 to 50 of the Guidance to Local Authorities).

Yes/No (delete whichever does not apply)

If yes, please insert a cross in any of the following boxes that apply:

…………………………………………………………………………………………………..

………………………………………………………………………………………………......

Question 7: Does your Local Authority keep an opt in list? (See paragraphs 51 to 54 of the Guidance to Local Authorities).

Yes/No (delete whichever does not apply)

Question 8: Have methods been introduced to keep communities informed of what is going on in their area? (See paragraphs 55 to 58 of the Guidance to Local Authorities).

Yes/No (delete whichever does not apply)

If yes, please insert a cross in any of the following boxes that apply:

…………… ……………………………………………………………………………..

……………………………………………………………………………………………

Question 9: Does your Local Authority hold precursory meetings with the police and the organiser for most of the processions held in the area? (See paragraphs 60 and 61 of the Guidance to Local Authorities)

Yes/No (delete whichever does not apply)

Question 10: Do you ask the majority of organisers to undertake a risk assessment? (See paragraph 64 of the Guidance to Local Authorities)

Yes/No (delete whichever does not apply)

Question 11: If you have answered yes to question 10, please tell us in the box below what information is sought by the Local Authority in that risk assessment to help it reach a decision on whether the march can go ahead with or without conditions. (See paragraph 64 and Annex C of the Guidance to Local Authorities)

Question 12: Has your Local Authority implemented the following elements of good practice, as recommended in paragraph 66 of the Guidance to Local Authorities?

a) Has your Local Authority held discussions with organisers about the possibility of re-routing some marches in future and/or combining some of them to reduce the volume (see paragraphs 69 to 72 of the working group's report)?

Yes/No (delete whichever does not apply)

b) Has your Local Authority been working with the police on keeping statistics of the number of processions taking place and how to work out the associated police costs (see paragraphs 96 to 99 of the working group's report)?

Yes/No (delete whichever does not apply)

c) Has your Local Authority, the police and the organiser discussed the content of the organiser's codes of conduct, if this applies, to make sure that it reinforces the behaviour expected of those taking part (see paragraphs 108 to 112 of the working group's report)?

Yes/No/Does not apply (delete whichever does not apply)

d) Does your Local Authority already have byelaws in place to prevent people from drinking alcohol in public places?

Yes/No (delete whichever does not apply). If you have answered yes to this question please ignore question e).

e) If your Local Authority does not have byelaws in place to prevent people from drinking alcohol in public places, is it working with the police to consider whether it would be necessary to put such byelaws in place (see paragraphs 124 to 125 of the working group's report)?

Yes/No (delete whichever does not apply)

SECTION 3: STATISTICAL DATA

Background

Limited information was previously available about the number of marches and parades taking place in Scotland. The 1982 Act has therefore been amended (sections 63(9) and (10) of the 1982 Act refer) so that local authorities are required to keep information on processions. This section of the questionnaire asks you for a note of the statistical data that is being held by your Local Authority since the legislation was changed so we can provide information in our report on the number of marches and parades held across Scotland each year and the costs involved in policing them.

Data kept under section 63(9) of the 1982 Act

Local authorities have a duty under section 63(9) of the 1982 Act to compile, maintain and make available to the public a list containing information on notified processions which have been held in their area since the legislation came into force on 1 April 2007 and those which have been prohibited. You are asked to summarise the information that your Local Authority has collected under this section of the 1982 Act into table 1 at Annex A for data kept under section 63(9)(a) of the 1982 Act and table 2 at Annex B for information kept under section 63(9)(b) of the 1982 Act.

Data kept under section 63(10) of the 1982 Act

Local authorities have a duty under section 63(10) of the 1982 Act to make arrangements to ensure that anyone who makes a request can receive information on processions which are about to be or may be held in their area. We see no benefit in seeking this information as it will be out of date and of little relevance by the time the Government's report is published.

Nevertheless, it would be useful if you could provide a brief description in the box below of the information that your Local Authority routinely keeps. We are looking for comments on such things as the format that the information is kept in, whether it invites the views of the public on each procession, how often the information is updated etc. It would also be useful if your Local Authority could forward examples of any lists it may keep with this questionnaire:

Exemptions from the notification process - section 62(5) the 1982 Act

Section 62(5) of the 1982 Act allows local authorities to dispense with the 28-day notification period, as and when necessary. Ministers would advise that they expect the notification period to only be waived by local authorities in exceptional circumstances, for example where an organiser wants to arrange a march in reaction to a recent decision or announcement ( e.g. where a factory was to close down). This would allow organisers of events; say in response to a political announcement, an economic decision or a local decision, not to give the required 28 days notice.

We would like to know how many organisers have sought and received an exemption from the notification process and you are asked to complete this information in table 3 below:

Table 3: Processions exempted from the notification process for the period 1 April 2007 to 31 March 2008

Please also give a brief summary in the box below of the most common reason(s) why exemptions to the notification process may have been allowed under section 62(5) of the 1982 Act in the case of the marches identified in table 3:

Police costs

Paragraphs 97 and 98 of the Working Group's report recommends that local authorities and the police should liaise with each other on the costs associated with policing marches and parades. It is, of course, not possible to prohibit a procession on the grounds of police costs alone, but it is important for your Local Authority to keep this data so that organisers and the public are aware of how much marches and parades cost the public purse. You should therefore be receiving regular information from your police contacts (see paragraph 98 of the Working Group's report) so that you can compile figures into a statistical table and publish it, if desired. You are asked to provide summarised information in table 4 below:

Table 4: Total police costs for all processions held in the year 1 April 2007 to 31 March 2008:

SECTION 4

Whom to return the completed questionnaire to

Please return the completed questionnaire by 29 August 2008 and post or e-mail it to:

Andy Watson

e-mail:

If you have any queries, please phone 0131-244-3222

ANNEX A

STATISTICAL DATA: INFORMATION COLLECTED BY YOUR LOCAL AUTHORITY UNDER SECTION 63(9) OF THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Table 1: Information required for the table below refers to section 63(9)(a) of the 1982 Act and data should be provided for the number of processions which were allowed to go ahead (with or without conditions) each month over the period 1 April 2007 to 31 March 2008:

ANNEX B

STATISTICAL DATA: INFORMATION COLLECTED BY YOUR LOCAL AUTHORITY UNDER SECTION 63(9) OF THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Table 2: Information required for the table below refers to section 63(9)(b) of the 1982 Act and data should be provided for the number of processions which were prohibited from being held each month over the period 1 April 2007 to 31 March 2008:

It would help to know the primary reason(s) why a march or parade was prohibited from going ahead. Please therefore insert a ranking in whichever box(es) below apply. For example, if you know that b) was the most common reason for a march not being allowed to go ahead, please insert a "1" on the line provided. If d) is the second most common reason, please insert a "2" and so on until sections a) to e) are complete or you have exhausted the reasons for which your Local Authority has prohibited marches or parades from going ahead. Please also provide an estimate of the number of marches banned for these reasons in the space provided.

a) Concerns over the effect of the procession in relation to section 63(8)(a) of the 1982 Act ……

Please provide an estimate of the number of marches where this reason was the main reason for the march not going ahead …….

b) Concerns in relation to section 63(8)(b) of the 1982 Act ……

Please provide an estimate of the number of marches where this reason was the main reason for the march not going ahead …….

c) Concerns over the effect of the procession in relation to section 63(8)(c) of the 1982 Act ……

Please provide an estimate of the number of marches where this reason was the main reason for the march not going ahead …….

d) Agreement could not be reached with the organiser ……

Please provide an estimate of the number of marches where this reason was the main reason for the march not going ahead …….

e) None of the above (please provide details in the space below) ……

………………………………………………………………………………………………………………

Please also provide an estimate of the number of marches that were prohibited for other reasons ……..

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