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19/05/2006
Parades Commission appointments "unlawful"
The High Court has today overturned the appointment of a prominent Orangeman onto the Parades Commission.
A High Court judge quashed the appointment of Portadown Orange Order member, David Burrow, who was given the position in November last year.
The judge ruled that the appointments procedure was unlawful "because it failed to ensure that membership of the Parades Commission was representative of both sides of the community".
Mr Justice Morgan said he found the failure of the appointment panel members to recognise a potential conflict of interest "inexplicable", and added that it caused him to doubt whether they understood the nature of the task in which they were engaged.
However, the judge added that there was no reason why Mr Burrows could not apply for a position on the commission again.
He said: "I wish to make it clear that this judgement should not operate as any prohibition on the reappointment of Mr Burrows should the secretary of state so decide."
Last week, a group of nationalist residents approached the High Court in a bid to overturn the appointment of Mr Burrows, and fellow Orangeman, Don McKay.
However, Mr McKay resigned from the Parades body this week after it emerged that Mr McKay had listed referees on his application form, without seeking permission.
It is understood that Mr McKay had named the DUP's David Simpson and SDLP assembly member Dolores Kelly without receiving permission from either party.
Although Mr Burrows was not guilty of the same, the fact that he was a member of the Portadown Orange Order caused uproar among republicans who insisted that he should also be removed from the commission.
Secretary of State, Peter Hain, who was responsible for appointing the two men, today said that he was disappointed in the result and stated that the would seek legal advice on the matter.
Mr Hain said: "The appointments to the Parades Commission were made in good faith and the new commission has been very successful at beginning to build trust and confidence.
"I'm now taking legal advice over the judgement."
Garvaghy Road Residents Association spokesman Brendan MacCionnaith, today said that the case raised questions over the judgement of the Parades Commission.
He said: "I think what we have now is a completely contaminated commission. Starting again with a clean slate would be a good idea."
Mr MacCionnaith said there was a conflict of interest in having any member of the Orange Order or any member of a residents' group opposed to Orange parades on the commission.
"The Parades Commission is a tribunal and the people who sit on it should be completely independent: that rules out persons like myself as well as members of the Orange Order."
He said they would meet over the weekend to consider their formal response and whether to take further action.
SDLP Upper Bann assembly member Dolores Kelly said the ruling confirmed that the appointments procedure used had failed to provide membership representative of the community.
Ms Kelly concluded by saying that the whole "debacle" has been the NIO's fault and the ruling shows they acted unlawfully.
(EF)
A High Court judge quashed the appointment of Portadown Orange Order member, David Burrow, who was given the position in November last year.
The judge ruled that the appointments procedure was unlawful "because it failed to ensure that membership of the Parades Commission was representative of both sides of the community".
Mr Justice Morgan said he found the failure of the appointment panel members to recognise a potential conflict of interest "inexplicable", and added that it caused him to doubt whether they understood the nature of the task in which they were engaged.
However, the judge added that there was no reason why Mr Burrows could not apply for a position on the commission again.
He said: "I wish to make it clear that this judgement should not operate as any prohibition on the reappointment of Mr Burrows should the secretary of state so decide."
Last week, a group of nationalist residents approached the High Court in a bid to overturn the appointment of Mr Burrows, and fellow Orangeman, Don McKay.
However, Mr McKay resigned from the Parades body this week after it emerged that Mr McKay had listed referees on his application form, without seeking permission.
It is understood that Mr McKay had named the DUP's David Simpson and SDLP assembly member Dolores Kelly without receiving permission from either party.
Although Mr Burrows was not guilty of the same, the fact that he was a member of the Portadown Orange Order caused uproar among republicans who insisted that he should also be removed from the commission.
Secretary of State, Peter Hain, who was responsible for appointing the two men, today said that he was disappointed in the result and stated that the would seek legal advice on the matter.
Mr Hain said: "The appointments to the Parades Commission were made in good faith and the new commission has been very successful at beginning to build trust and confidence.
"I'm now taking legal advice over the judgement."
Garvaghy Road Residents Association spokesman Brendan MacCionnaith, today said that the case raised questions over the judgement of the Parades Commission.
He said: "I think what we have now is a completely contaminated commission. Starting again with a clean slate would be a good idea."
Mr MacCionnaith said there was a conflict of interest in having any member of the Orange Order or any member of a residents' group opposed to Orange parades on the commission.
"The Parades Commission is a tribunal and the people who sit on it should be completely independent: that rules out persons like myself as well as members of the Orange Order."
He said they would meet over the weekend to consider their formal response and whether to take further action.
SDLP Upper Bann assembly member Dolores Kelly said the ruling confirmed that the appointments procedure used had failed to provide membership representative of the community.
Ms Kelly concluded by saying that the whole "debacle" has been the NIO's fault and the ruling shows they acted unlawfully.
(EF)
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