Parades appointments deemed unlawful

A decision by Peter Hain as Northern Ireland Secretary to appoint two Orangemen to the North's Parades Commission was unlawful…

A decision by Peter Hain as Northern Ireland Secretary to appoint two Orangemen to the North's Parades Commission was unlawful, according to a ruling issued today by the Law Lords.

The House of Lords overturned a majority Court of Appeal judgment that the appointment of Portadown Orangemen David Burrows and Don Mackay to the Parades Commission was valid.

The dispute had been taken to the Lords by angry Catholic residents, who complained that no representation had been sought from residents' groups.

Mr Mackay has since resigned from the Commission after it emerged that he listed Democratic Unionist MP David Simpson and SDLP MLA Dolores Kelly as referees without seeking their permission.

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The residents, who initially won their case in the High Court, complained that Mr Hain had written to the main political parties, the four main churches and the loyal marching orders during the appointments process, but had not sought applications from any residents' group.

In their majority decision, the appeal judges said the Secretary of State was not required to achieve a balance between individual members of the body.

However, Lord Bingham said today: "I feel bound to conclude that the decision to appoint Mr Burrows and Mr Mackay was one which a reasonable Secretary of State could not have made if properly directing himself in law, if seized of the relevant facts and if taking into account considerations which, in this context, he was bound to take into account."

PA