Review of the 2016 Independent Report on Marches, Parades and Static Demonstrations in Scotland

Section 1: Background and Remit

In 2012, the Scottish Government appointed an Advisory Group on Tackling Sectarianism in Scotland ('the Advisory Group') to provide independent, impartial advice on developing work to tackle sectarianism in Scotland. The Advisory Group published its Final Report in 2015.

The Advisory Group found that Loyal Order and Irish Republican parades are perceived as amongst the important contributors to sectarianism in contemporary Scotland - though by no means the most important – and that many Scots are opposed to them. Despite widespread negative perceptions of such parades, research commissioned to inform the Advisory Group found that attitudes around, and experiences of, such parades were complex. There was little evidence of widespread public misbehaviour (let alone serious disorder and criminality) in and around the parades observed.

At the conclusion of the work of the Advisory Group, the Scottish Government tasked one of its members, Dr Michael Rosie, with investigating further the issue of marches and parades. This arose from the seeming difference between the highly negative public perception of many parades, and the evidence that they were, in general, well-managed and orderly.

The remit of that original study was as follows:

• To assess the current processes and procedures for arranging and running marches, parades and static demonstrations in Scotland from the perspectives of those seeking to march, parade or demonstrate and those who need to authorise and police such events.
• To identify the issues arising from these, both positive and negative, and to do so in light of the changes since the Review of Marches and Parades in Scotland in 2005; the report on the Community Impact of Marches and Parades in 2015; and the report on Sectarianism and its Consequences by the Advisory Group on Tackling Sectarianism in Scotland in 2015.
• To report to Scottish Ministers in early 2016 setting out recommendations for any actions identified to achieve the correct balance of rights between those who wish to march, parade and demonstrate and the communities that these events impact upon: this can include the sharing of best practice from events such as those recognised as having a positive community impact.

Contributors to the 2016 study were drawn from three of the key parties to any march or parade: the police, the local authority, and the parading organisation itself.

In 2019 the Scottish Government's Cabinet Secretary for Justice, Mr Humza Yousaf, tasked Dr Michael Rosie to review progress made upon his 2016 recommendations and to identify any issues emerging since 2016.

The remit was to:

• Review progress made against each of the 21 recommendations contained in the 2016 Report, identifying possible barriers to progress and highlighting best practice;
• Engage with key stakeholder and interest groups including, but not limited to, local authorities, march/parade/demonstration organisers, Police Scotland and community representatives, to gather evidence on the progress, or otherwise, made since the publication of the Report;
• Identify any issues emerging since 2016, both positive and negative, that have impacted on the processes relating to marches, parades and static demonstrations. This can include identifying best practice and areas where improvements can be made;
• Assess the existing legislation, guidance and processes relating to marches, parades and static demonstrations, specifically considering whether the legislation, guidance and processes are fit for purpose and, if not, how these can be improved, taking particular account of community impacts. Specific consideration should be given to the evidence-gathering and decision-making processes can be improved while being mindful of existing statutory responsibilities and human rights frameworks; and
• Report the findings of the review to Scottish Ministers by the end of 2019, setting out progress made and any additional recommendations that could further benefit the facilitation of marches, parades and static demonstrations.

Bodies responding to/represented in consultation

• Apprentice Boys of Derry
• Argyll & Bute Council
• Convention of Scottish Local Authorities
• Dumfries & Galloway Council
• East Ayrshire Council
• East Dunbartonshire Council
• Edinburgh City Council
• Equality and Human Rights Commission (Scotland)
• Falkirk Council
• Glasgow City Council
• Grand Orange Lodge of Scotland
• Highland Council
• Inverclyde Council
• Moray Council
• North Ayrshire Council
• North Lanarkshire Council
• Police Scotland
• Renfrewshire Council
• Scottish Community Safety Network
• Scottish Human Rights Commission
• Scottish Police Authority
• Scottish Police Federation
• Shetland Islands Council
• South Ayrshire Council
• South Lanarkshire Council
• West Dunbartonshire Council
• West Lothian Council