Parades body manipulated by British ministers

by Ian Graham - Daily Mirror Mon May 22, 2006 11:22

The Mirror May 20, 2006 Saturday

BURROWS GETS HIS MARCHING ORDERS;
TOP ORANGEMAN IS KICKED OFF PARADES COMMISSION

BY IAN GRAHAM

SECRETARY of State Peter Hain was left humiliated last night after a High Court judge quashed his appointment of a leading Orangeman to the Parades Commission.

It was the second time in less than 10 days the Northern Ireland Office had been slapped down by the court.

Last week it overruled Junior Minister Lord Rooker saying he had not followed proper procedures when he granted planning permission for a John Lewis department store.

That case left the taxpayer with a pounds 200,000 costs bill, and the latest bill is likely to be of similar size.

Mr Hain said he was extremely disappointed and was taking legal advice on whether to appeal.

The Secretary of State added: "The new commission has been very successful at beginning to build trust and confidence."

However, Mr Justice Morgan ruled the appointments procedure unlawful "because it failed to ensure that membership of the commission was representative of both sides of the community".

A second Portadown Orangeman appointed to the Commission at the same time as Mr Burrows, Don MacKay, resigned earlier this week amid questions about the validity of his application form.

The Parades Commission said it was "deeply frustrating that the real and significant progress we are making in sensitive locations is being delayed by events over which the commission has no control".

An application for a judicial review of the appointment of the two Orangemen was taken by John Joe Duffy, a resident of Portadown's Garvaghy Road, scene of the violent Drumcree parade confrontations.

He argued there was a conflict of interest when Portadown Orangemen had to adjudicate on a parade by Portadown Orangemen.

Mr Duffy also argued that the appointments procedure was unlawful in that letters encouraging applications to the Commission were sent to the three Loyal Orders, leaders of the four main Churches and four main parties, but not to nationalist community or resident groups.

Mr Justice Morgan said the decision of the appointment panel that there was no perceived conflict of interest issues in appointing Orangemen to rule on Orange parades was "inexplicable".

He added: "It causes one to doubt whether the panel members properly understood the nature of the task on which they were engaged."

He said there was nothing to stop Mr Hain appointing Mr Burrows again as long as the proper procedures were followed.

Breandan Mac Cionnaith, of the Garvaghy Road Residents' Coalition, said the ruling was a "victory for common sense".

by Barry McCaffrey - Irish News Mon May 22, 2006 11:41

Irish News May 18 2006

Minister blames NIO for 'debacle'

by Barry McCaffrey

A former Methodist president last night blamed the Northern Ireland Office for the recent debacle which forced orangeman Don MacKay to resign from the Parades Commission.

Jim Rea was speaking 24 hours after Mr MacKay's resignation when it emerged that he had used the names of a DUP and SDLP assembly member as references to the Parades Commission without their permission.

It later emerged that Mr Rea's name had also been used by Portadown orangeman David Burrows as a Parades Commission reference without his permission.

Mr Rea said he had no personal "ill-feelings" towards Mr Burrows and that he had provided a reference for him for a separate post two years ago.

He said that he had provided a reference to another unnamed orangeman for a position on the commission.

However the former president said that the NIO's role in the appointments' process had left all involved "exposed and embarrassed".

"I think that if the NIO had done their homework on this this situation could have been completely and utterly averted," he said.

"I think it says something about a flawed process that has left everybody exposed and embarrassed."

Sinn Fein assembly member John O'Dowd last night called for Mr Burrows' removal from the commission.

Mr O'Dowd said that as an orangeman Mr Burrows had "no place" on the commission.

"The Parades Commission's job is to issue determinations on parades, the majority of which are organised by the loyal orders," he said.

"Given this fact there should be no place on the Parades Commission for members of the Orange Order."

Meanwhile Garvaghy Road residents last night rejected a suggestion from SDLP assembly member Alex Attwood for Mr MacKay to be replaced by a nationalist to counter balance the remaining orange order presence on the commission.

"It is clear that Alex Attwood has failed to grasp the essence of why nationalist residents in Portadown felt it necessary to mount a judicial review against the secretary of state," spokesman Brendan MacCionnaith said.

"The Parades Commission was, last year, reclassified as a tribunal by the NIO.

"As a tribunal, therefore, it is essential that its members are seen to be totally independent, impartial and without personal bias of any kind."

by Ciarán Barnes - Daily Ireland 23 may 2006 Wed May 24, 2006 16:49

Hain’s position under threat as court ruling he may have acted with ‘improper motive’ in appointing an RUC widow as Victims Commissioner is met with outrage

by Ciarán Barnes Daily Ireland 23/05/2006

[Secretary of State for Northern Ireland Rt.Hon Peter Hain listens to Minster for Foreign Affairs Dermot Ahern speak in Iveagh House Dublin during a meeting of the British-Irish Intergovernmental Conference.19/10/2005 Photo:Leon Farrell Photocall Ireland] Peter Hain’s position as direct-rule secretary of state was under intense pressure last night after a court ruled he may have acted with “improper motive” when appointing an RUC widow as the new Victims’ Commissioner.

The bombshell verdict comes just days after the High Court found he had “unlawfully” appointed two Orangemen to the Parades Commission following secret talks between the Northern Ireland Office (NIO) and Democratic Unionist Party (DUP).
Sinn Féin and the SDLP launched scathing attacks on Mr Hain yesterday, accusing him of having “contempt” for and “riding roughshod” over the appointments process.

The criticism came after the court of appeal granted leave for a judicial review of Mr Hain’s decision to appoint Bertha McDougall to the post of Victims Commissioner last October.

Her appointment was criticised by Sinn Féin, the SDLP and relatives of loyalist and state violence.
It later emerged that Mr Hain had consulted with the DUP’s Jeffrey Donaldson over who should be appointed.
Mr Hain failed to seek the views of any other political party.

Ms McDougall’s appointment was challenged by west Belfast woman Brenda Downes whose husband, John Downes, was killed by an RUC plastic bullet in 1984.

In the court of appeal yesterday, judges Campbell, Kerr and Nicholson found that Mr Hain “did not have the legal authority” to appoint Ms McDougall.

It ruled that he failed to “have regard to the criteria that the appointee should command cross-community support”.
The court also found that there is “material which suggests that only one political party was consulted and that, despite having proclaimed that the candidate should have cross community support, no inquiry into that was conducted”.
Summing up the three appeal judges said: “We find it impossible to say that there is not an arguable case that the decision to appoint Ms McDougall was taken for reasons other than those which are claimed to have motivated the secretary of state”.
Welcoming the court decision, Sinn Féin victims’ spokesman Philip McGuigan said Mr Hain had show utter contempt for the appointments process.

“The appointment of Ms McDougall was a sop to the DUP,” he said.

“Mr Hain has shown no regard for victims across the board. This was a sensitive appointment which he dealt with insensitively.”

SDLP victims spokeswoman Patricia Lewsley said Mr Hain was “riding roughshod” over the appointments process.
“This is the second time in three days that a court has ruled Mr Hain has acted inappropriately,” said the Lagan Valley MLA.
“It is clear that the procedures leading up to Ms McDougall’s appointment were wrong given the DUP was the only party consulted.”

Relatives for Justice spokesman Mark Thompson accused Mr Hain of doing a side deal with the DUP.

He said: “The appointment lacked both credibility and integrity which are essential in building trust and confidence.”
A spokesman for the Office of the First Minister and Deputy First Minister, which handled the Victims Commissioner appointment, said: “We have received the court’s judgment and will study it carefully. Until then we have no further comment and no further information will be made available.”

Sop to sectarianism - Peter 'what do I care anymore' Hain

by Davy Carlin Wed May 24, 2006 17:06

Relatives for Justice Spokesman Mark Thompson said that

'The appointment lacked both credibility and integrity which are essential in building trust and confidence.”

Totally agree - and-

putting aside the obvious fact that ‘Mr Hain ' did not have the legal authority” to appoint Ms McDougall

- this also, is not only no way to build trust, indeed it further sows and deepens the seeds of ‘mistrust.

Democracy eh? -

- A Sop to sectarianism indeed

Such needs to be stood against by all who embrace equality and justice.