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Belfast Court Defers Garvaghy Parade Ban Challenge

An emergency judicial-review challenge to the Northern Ireland secretary’s ban on a Garvaghy Road parade will return to court on Monday.

A Belfast judge has adjourned an emergency challenge to the British government’s decision to stop an Orange Order parade from proceeding along Garvaghy Road in Portadown.

Lawyers for Portadown District Lodge sought judicial review after Northern Ireland Secretary Chris Bryant prohibited the procession on Friday evening. Lady Justice Denise McBride heard the application on Saturday but declined to decide it immediately, saying further material was needed. The case is due to return on Monday.

The adjournment leaves the ban in force. It does not decide whether the secretary acted lawfully or whether the lodge should receive permission to bring its judicial-review claim.

Bryant intervened after the Police Service of Northern Ireland warned that allowing the march to proceed could create an unacceptable risk of serious injury, disorder and wider unrest. The Parades Commission had earlier approved a restricted procession, but a prolonged stand-off followed when protesters gathered on the route.

The dispute engages competing claims of assembly, religious expression, public safety and the rights of residents on the mainly nationalist road. Garvaghy Road was at the centre of repeated and sometimes violent confrontations over parading during the 1990s, giving the present litigation significance beyond the terms of a single procession.

A separate Court of Appeal matter is also pending. In that case, residents challenge the earlier decision permitting the parade after a High Court judge refused them leave to seek judicial review. The appeal court has reserved judgment.

Monday’s hearing is expected to focus first on the government ban and the material supporting Bryant’s assessment of the security risk. Until then, neither the Orange Order’s challenge nor the residents’ separate case has received a final determination.

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