ECHR threat to change in march rules
14 Nov 05
Councils warn that right of assembly carries more clout than public view of sectarian marches
The Convention of Scottish Local Authorities (CoSLA) has warned that MSPs' plans to ban sectarian marches will be overruled by the European Convention on Human Rights.
The right to free assembly under article 11 of the Convention will mean that councils cannot ban marches on the grounds of public opinion, a measure announced earlier this year by the First Minister. This message will be delivered by CoSLA to Holyrood's Justice 2 Committee meeting at the City Chambers in Glasgow this afternoon.
CoSLA has also warned that the message promoted by MSPs - that communities would get more say in re-routing and banning marches - will lead to a situation where the public's expectations are raised and then dashed, which will threaten the notion of effective public consultation.
At present, the police can only ban marches if they threaten public order. The new Police, Public Order and Criminal Justice (Scotland) Bill proposes that march organisers must give 28 days' notice to councils instead of seven, and that councils will be able to consider other issues - such as risk to property, disruption of community life and excessive burden on the police - in deciding whether to ban a march or impose conditions such as rerouting.
The Grand Orange Lodge believes this will give councils too much power and that the consideration "disruption to community life" is so wide that it has the potential to be abused.
The councils' and the Grand Orange Lodge's views will be presented as written evidence to the Justice Committee at today's meeting.