Published: Thursday, 15th July, 2010 4:00pm

Row over proposed law on protests

by Rodney Edwards

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Jim Quinn and Benny Cassidy from the Fermanagh Trade Union Council with Tommy McKearney, Independent Workers Union, Councillor Bernice Swift and Paddy Mackel, NIPSA at the meeting in the meeting in the Clinton Centre.

THE consultation period for the proposed legislation on parades, protests and public assemblies finished yesterday afternoon.

The draft report, which was drawn following the Hillsborough Agreement, was put out to public consultation following much scrutiny from critics.

It has been set up to offer a "solution" to the problems created by contentious loyal order parades in areas such as the Garvaghy Road and the Lower Ormeau Road.

But critics say the draft bill represents "a serious assault on fundamental democratic rights" when it comes to protesting.

They say protesting about job losses, hospital cuts, terrorist atrocities or racist attacks could land you in big trouble as protests of 50 or more people will be illegal unless permission is granted by the PSNI -- 37 days earlier. The proposed legislation would also mean unless protest organisers have applied for permission, they could face six months in prison or a massive £5,000 fine for their "unapproved" gatherings.

The Orange Order has rejected the proposals and in a meeting of Fermanagh District Council last Monday, Councillors fiercely debated the issue too.

Independent Councillor Bernice Swift who brought forward a motion to scrap the bill had it rejected by members of Sinn Fein and the DUP.

This week, the row over the bill continues.

Councillor Swift has criticised the rejection of her motion by her political rivals, saying: "No right-minded person could possibly support this draft proposal. Regardless of the failings of the Stormont parties, it is unforgivable that Fermanagh Sinn Fein and DUP Councillors require faceless bureaucrats to tell them how to think and act on this damning legislation. I commend SDLP and Ulster Unionist Councillors for their agreement that the bill should be scrapped immediately as a flawed and unworkable document," she said.

But yesterday, the DUP's Alison Brimstone hit back, describing Councillor Swift's motion as "premature and disproportionate".

"It was premature because the consultation hadn't finished. If she [Councillor Swift] had thoughts on the bill she should have brought them to the consultation instead of bringing forward a motion. In my view the bill can be quite easily amended and there's scope to rectify the issues she has," she said.

Ulster Unionist MLA Tom Elliott said he rejected Swift's motion because his party felt there was an "ulterior motive" to it.

"I put in an amendment of my own which said the bill needed to be fully reviewed and I also proposed that the scrapping of the Parades Commission should take place. The out workings of the Assemblies Bill was to replace the Parades Commission. I don't like the bill and I suggested to Bernice that she should support ours and if ours fell we would have considered supporting hers but that didn't happen. She was keen to keep the Parades Commission and we weren't. But we feel the Parades Commission has not done a particularly good job. We feel it's extremely inconsistent and that they have always given in to where there is the biggest threat of riotous trouble, which normally comes from the republican side," he said.

Sinn Fein Councillor Phil Flanagan said: "I think we saw with the violence over the weekend in Belfast how important it is that the issue of contentious parades is addressed. Throughout the early consultation process those involved met with members of the clergy and trade unions. Several organisers of religious events and representatives from church groups have expressed their concerns about the proposals and I understand that changes are being made to the document. I was concerned when I first read it, yes, but what alternative do we have? Those that are opposed to this draft bill would be better to engage in the consultation process to have their opinions heard instead of trying to play politics with such an important issue. They also need to explain to residents how they plan to deal with contentious parades in the absence of this draft bill, which includes dialogue, mutual respect and a code of conduct at its core."

Independent Councillor Gerry McHugh said: "Church fetes, charity fund-raisers and even gatherings on private property that are not of a political nature will be subject to this new legislation. Will the new Assemblies Bill allow Unionists a way out of dialogue and thereby enable them to ignore the concerns of the nationalist community?" he asked.

During a public meeting in the Clinton Centre last Thursday night, Councillor Swift raised the issue once more. She told the trade unions, community groups, Newtownbutler Residents, Socialist parties and members of the public who were in attendance of her concerns.

Speaking at the meeting, Paul Mackel from the Northern Ireland Public Service Alliance (NIPSA) and Belfast Trades Council and Tommy McKearney from the Independent Workers Union described the bill as a very "serious attack" on the democratic right to protest against issues of importance to them.

Councillor Swift, who chaired the meeting said: "The message was loud and clear from those in attendance that this bill must be scrapped totally and immediately. All agreed that the bill is an attempt to deny trade unions and community groups the right to protest at impending cuts, job losses and water rates. People should make their voice heard as this bill is anti-democratic and is in complete contravention of European law whereby people have the right to peaceful protest," she said.

Also at the meeting last Thursday night was the Socialist Party's Domhnall O'Cobhthaigh. He said: "This draconian legislation if unchanged will directly affect a range of non-political activities such as outdoor church services. It will also cover protests such as those conducted by activists opposing racist attacks or the closure or privatisation of local facilities. Should the politicians succeed in passing the Public Assemblies Bill, it will be necessary to link young people, representative community groups, progressive campaigns and the trade union movement to defy this legislation. This bill must be torn to shreds by mass protests, including protests against the savage cuts agreed by the Assembly parties," he said.