This item was published during the term of a previous administration that ended in April 2007
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Marches and parades
29/03/2007
Local authorities are to be given stringent new powers to ensure that any marches or parades held in their area are properly planned, and suitable action is taken against any parades that cause problems.
The new powers are among measures in the Police, Public Order and Criminal Justice (Scotland) Act 2006 which comes into force on April 1, 2007.
The main changes in the law will require local authorities to:
- Increase the minimum amount of notice that parade organisers must give them from seven to twenty eight days and remove exemptions from all processions, with the exception of funeral processions
- Consider a range of issues including the likely effect the march will have on public safety, public order, damage to property and any disruption to the life of the community
- Take account of whether a procession may place too much of a burden on the police, the effect that a previous procession had on public safety and how far those involved kept to any code of conduct or guidance and;
- Put in place sufficient arrangements to provide information on public processions to any person or body resident in the area including keeping a list of processions held in their area, or which have been prevented
Justice Minister Cathy Jamieson said:
"The right to free assembly and the right to march are major tenets of a democratic country. But with these rights come responsibilities - both on the marchers themselves and on their supporters.
"Too often in the past legitimate expressions of tradition and history have been hijacked by thugs and bullies who have used them to abuse innocent bystanders and terrorise people in our communities.
"That is why march organisers, including the Orange Order and Cairde na hEireann, joined me last May to sign a joint statement which pledged to weed out the troublemakers who hijack otherwise peaceful marches and parades.
"Encouragingly, last year saw an eleven per cent reduction in the number of marches and parades held in Glasgow from 338 to 305. This bodes well for the future.
"But voluntary action by marching organisations also needed to be backed by new laws. That's why last year we passed legislation to give local authorities modernised powers. These changes will result in a much closer working relationship between march organisers, the police and local communities right from the beginning of the process through to the end to ensure that all marches and parades in their area are properly notified, planned for and discussed in advance.
"From next week, the law commences and communities will be watching closely to see the law working effectively. And we will review progress in a year's time and consult with local authorities, the police, march organisers and the communities and business bodies most affected.
"I am pleased that we have the support of the main march organisers for the changes that are being implemented and I am looking forward to seeing solid local authority processes in place which ensures that communities are better informed of what may be taking place in their areas.
"I am sure that everyone will welcome these new duties and powers, which help to pave the way towards ensuring that we live in a modern, multi-cultural and multi-faith society where violent and aggressive behaviour at marches and parades is not tolerated."
In support of the legislative changes, the Scottish Executive issued Guidance to all Scottish Local Authorities on December 12, 2006 to provide sound and clear advice on the implications of the new legislation as well as on good practice in ensuring that their decisions are consistent, transparent and above all in the best interests of the communities they serve. The Guidance includes an easy to read process chart for local authorities to follow.
The Guidance to local authorities is supplemented by the Report of the Working Group on Marches and Parades (membership of the group included representatives from COSLA, ACPOS and ASPS), which sets out their views on how all thirty eight of Sir John Orr's recommendations in his report "Review of Marches and Parades in Scotland" should be taken forward. The Report acts as a key reference document for all partners in the process.
There are a number of other provisions in the Police, Public Order and Criminal Justice (Scotland) Act 2006 which come into force on April 1:
- Mandatory drug testing on arrest for anyone aged 16 or over who is suspected of a drugs or drugs-related offence, or other offences including theft. Those who test positive for heroin and/or cocaine will be required to have a drugs assessment. This will initially be implemented on a pilot basis
- Setting up of a Police Complaints Commissioner to review the handling of non-criminal complaints made about the police
- Establishment of the new Scottish Police Services Authority which will be directly responsible for providing a range of support services to Scottish police forces on a national basis, including the development of a new national forensic science service and;
- The Scottish Crime and Drug Enforcement Agency (formerly the SDEA) is placed on a statutory footing with new statutory powers and functions under the direction of its Director General, and enabling SCDEA to directly recruit its own officers