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

Section 5: Reflections and Further Recommendations

Reflections

Discussions with Police Scotland in the course of this review underlined that time is of the essence with regard to tensions in Glasgow around marches and parades. It is imperative that the city does not have a third 'marching season' marred by recrimination, criminality and the prospect of disorder. Yet it is also clear that this is an issue largely specific to Glasgow. Police, local authorities and march organisers do not report such tensions elsewhere in Scotland. Elsewhere established procedures and relationships have endured and continue to work well. What might we learn from these differing experiences?

The first conclusion would be that the calls for legislation that emerged from some quarters in the midst of an exceptionally difficult Glasgow marching season were misplaced. This is not a crisis of the processes and policies around marches and parades in Glasgow, let alone all of Scotland. Indeed, as Sheriff Reid's ruling on Glasgow City Council's decision to re-route parades away from a Catholic Church demonstrates, the conditions imposed on those particular parades were necessary and proportionate. That is, the processes at that point were working as they should have done.

The second conclusion also follows from the logic of Reid's opinion. Each march and parade must be taken on its own merits, and in light of the unique circumstances and contexts of its proposed route and time. Different marches cannot be bundled together: 'blanket bans' or enforced 'moratoria' are not a satisfactory nor a proportionate way to proceed. That these were seriously floated by a public authority is a matter of concern. Sheriff Reid's opinion is helpful here in providing clear guidance on the need for each march or parade to be considered on its own merits.

This leads us to the third conclusion. At the heart of Glasgow's problem is not a breakdown of process but a breakdown of relationships and of trust. The solution to that must be a rebuilding of relationships and the careful building and maintenance of trust. This involves the 'fostering of good relations' – of neighbourliness – and will, of necessity, be a long process. This review heard a genuine desire from all key parties to marches and parades across Scotland – march organisers, Police Scotland and local authorities – for increased dialogue and discussion, and a willingness to invest time and energy in doing so. This would involve clear channels of communication and regular contact between licensing officials or processions officers, senior Police commanders, and key march and parade organisers. This need not be formal and cumbersome – indeed the more informal and 'human' the better. Alongside this there should be a parallel building of neighbourliness along the lines suggested by Public Sector Equality Duty, whereby communities and groups with the protective characteristics of 'religion and belief' can be facilitated in discussion and dialogue so as to build mutual tolerance and understanding, and to give added resilience to the policies and practices around marches and parades which we know work well. That process could well go beyond being seen as a statutory 'duty' for groups with protected characteristics, but instead be regarded as a 'service' to the entire community.

The final conclusion is that almost all relevant parties in Scotland would like to see a reduction in the number of marches and parades, and less 'costs' and 'impacts' associated with them.^[40] This includes the major parading organisations for whom the organisation of a large number of parades can be draining. The way to achieve such a reduction is precisely through dialogue and cooperation, through the 'fostering of good relations' and the reduction of genuine anxieties. The challenge going forward is to find the collective will and leadership to take that difficult path.

Further recommendations

This review makes no recommendation for legislative change to the system of administrating and facilitating in marches and parades in Scotland, for the simple reason that the system, as a whole, works very well. The professional effort put into this system by local authorities, by Police Scotland, and by the vast majority of march organisers should be recognised and commended. However, there are some areas to consider in which legislative change might be helpful to fine tune the existing system, and a number of areas where existing good practice can be extended.