Garvaghy Road march row: Judge Smyth urges Orange Order and residents to 'step back from the abyss'

A judge overseeing the legal fight over the Parades Commission's decision to permit an Orange Order march along the Garvaghy Road in Portadown has told the parties involved they have a last chance to settle the dispute themselves. Judge Patricia Smyth adjourned the judicial review hearing for a short period, granting the Garvaghy Roads Residents Coalition, the Orange Order and the commission time to consider her appeal for an agreement.

The judge said the matter before the court was of "fundamental importance" to society in Northern Ireland as a whole, signalling that she regards the case as far broader than a single morning's parade. Her request that the parties negotiate came with a stark warning, urging them to "be big enough to step back from the abyss" and to reach agreement "for the sake of everyone in Northern Ireland."

The underlying ruling was made on Friday, when the Parades Commission announced that the parade would be allowed to go ahead on Sunday. It is the first time in almost three decades that such a march has been permitted on the contested route, a stretch of road closely associated with the Drumcree dispute of the 1990s. A march on the road in 2018 was held as a 20th anniversary protest, marking the bitter stand-off that dominated headlines during that period.

The restrictions attached to the permission are significant. Instead of beginning at 13:00 BST on Sunday as the Orange Order had intended, the parade must depart no later than 08:00. The number of marchers allowed has been cut to 35, well short of the 60 requested, and no bands or supporters are permitted to attend.

Residents' lawyers told the High Court on Saturday that it remained unclear whether the PSNI assessment cited in the commission's determination represented the complete picture of what police had told commissioners. The legal team has asked for the full assessment, as well as previous iterations of it, in order to establish whether the police view had changed over time. Counsel for the residents also said there had been a "significant change" in the commission's approach.

Judge Smyth said the material supplied by the PSNI had "promoted further enquiries" and that additional time would benefit the court. She said it would be "contrary to justice and unwise" to rule while the questions she had raised remained unanswered, adding that she would like to hear from the parties on a way forward during the short adjournment.

On the question of timing, the judge noted that the date regarded as important by the Orange Order is 5 July, and concluded there was therefore no prejudice in postponing the hearing so that all parties could properly prepare their cases. She also said it would work to the disadvantage of the Orange Order and the Parades Commission if the case were decided on incomplete information.

The residents' coalition is separately seeking permission for a protest march on the same Sunday, and has put the number of participants at 5,000. The commission said a decision on that application was expected on Saturday.

The timing of the permitted parade is at the heart of the local dispute. Mass is celebrated at 08:30 each Sunday at St John the Baptist church on the Garvaghy Road, meaning marchers and worshippers would be using the same route at the same time. Asked by BBC News NI whether Mass timings had been taken into account, the Parades Commission said commissioners were satisfied that the timings in the determination should allow the church service to proceed as normal.

Father Peter Clarke, a priest at St John the Baptist, said he is worried the march is "going to clash" with parishioners arriving at and leaving the church. He said he emailed the commission after Friday's determination to register his concerns, and added that he "doesn't know how they came to" their conclusion, which is now out of their hands. The priest said he has "unhappy recollections" of the Drumcree dispute in the 1990s and would not like to see a return to those days.

Parishioners at St Patrick's Church on William Street are also expected to be affected ahead of the 10:00 service, Father Clarke said. He described tensions in the community as high and said he intends to address the situation during Sunday's Mass.

The wider church has also weighed in. In a statement issued on Saturday afternoon, Archbishop Eamon Martin, the leader of the Catholic Church in Ireland, called for "prayers and support for a peaceful resolution" to what he described as a complex situation on the Garvaghy Road. He said he shares the sense of shock and disappointment felt by so many people at recent developments, and that his thoughts are with those for whom the situation brings back "deeply traumatic and painful memories".

The archbishop also appealed for support for the patient use of lawful and democratic processes to resolve what he called a deeply complex and emotive situation — a call that appears to weigh heavily on the judge, who has placed the future of Sunday's march in the hands of the parties themselves.

The Orange Order has said it will comply fully with whatever conditions are imposed, having already accepted a determination that cuts the size of its contingent and forces an early start. With the court pausing to allow talks, the immediate question is whether a negotiated solution can be found in time to prevent a confrontation that both the judge and the archbishop have warned against.