Sir John O’Hara KC to lead Parades Commission Review
Secretary of State confirms Judge appointment to lead independent review of the Parades Commission
The Secretary of State for Northern Ireland has today announced that The Right Honourable Sir John O’Hara KC will lead the independent review into the decision-making processes and organisational governance of the Parades Commission.
Announcing the appointment, Sir Chris Bryant said:
“The Parades Commission carries out a vital role in sensitive and often challenging circumstances.
“Following the recent court judgment, it is paramount that we restore and maintain the highest possible levels of confidence in how decisions are reached.
“I have been steadfast in my commitment that this review must be entirely independent, thoroughly credible, and led by a figure of high standing and proven expertise.
“I am delighted that Sir John O’Hara KC has agreed to undertake this important work. His considerable standing, vast legal experience, and independence make him uniquely qualified to provide the assurance, scrutiny, and actionable recommendations needed.
“His appointment underscores the government’s commitment to an objective, authoritative, and rigorous examination of the Commission’s governance and decision-making procedures.”
Scope and Governance of the Review
The review will operate independently, with full discretion over procedures, stakeholder engagement, and document reviews under the attached Terms of Reference. Key priorities include auditing internal governance and decision-making to correct procedural defects, and evaluating engagement with parade organisers, residents, police, and mediation efforts. The legal framework of the Public Processions (Northern Ireland) Act 1998 is excluded. The review will also have no remit as to whether permission should be or should have been granted or refused for any particular parade, nor in relation to Commissioner appointments.
Commissioner Appointments
Sir Chris has also announced that final preparations are underway to launch a public appointments process for new commissioners. This follows the recent resignation of a commissioner and the upcoming end of tenure for current members.
TERMS OF REFERENCE - PARADES COMMISSION REVIEW
1. Introduction and Purpose
The Secretary of State for Northern Ireland as the Sponsoring Minister for the Parades Commission’s (PCNI), is commissioning an independent judge-led review into the procedures of the Parades Commission’s decision-making process, and organisational governance.
The recent judicial review proceedings , quashing the PCNI’s determination relating to Portadown District LOL No.1’s application for their annual Drumcree parade, has damaged public confidence in the PCNI. In the proceedings, the judge was critical of the PCNI’s approach to decision-making and its processes. There is a need for independent review, assurance, and recommendations, to restore public confidence and ensure the PCNI takes decisions in a robust, and procedurally fair, manner.
The Commission has an important, in making decisions and imposing conditions on sensitive parades, and parade-related protests. It also has an important role in promoting and facilitating mediation between parade organisers and local communities.
This review will be sponsored by an NIO Director. The review will be conducted by a current or former High Court judge, and a final report will be produced and submitted to the Secretary of State and PCNI Chair.
2. Objective
The primary purpose of this review is to evaluate the Parades Commission’s approach to governance and decision-making procedures concerning applications for public parades and associated protests. Additionally, it will examine the Commission’s strategic efforts to foster engagement and advocate for mediation. To ensure that the decision-making framework is legally sound, the review will offer actionable, specific recommendations aimed at addressing any procedural shortcomings.
3. Scope
The review will specifically focus on:
a) Guidelines, Procedural Rules and Code of Conduct - The review will conduct a rigorous audit of the Commission’s approach to governance and operational frameworks to ensure decision-making processes are evidence-based, procedurally fair, and legally robust. It will scrutinise how guidelines are interpreted, applied, and enforced in determining applications. Additionally, the review will evaluate how the Commission ensures the continual review of its procedures to ensure they remain appropriate.
b) Mediation - The review will evaluate and make recommendations regarding the Commission’s approach to promote and facilitate mediation.
c) Engagement with parade organisers, local residents, and other stakeholders - The review will examine the consistency, transparency, and adequacy of the Commission’s engagement with parade organisers, local residents, public representatives, the police, and other key stakeholders when considering parading applications.
d) Recent judicial review - The review will comprehensively examine the recent judicial review proceedings to verify that all identified procedural defects have been fully resolved. The reviewer is mandated to provide clear, actionable recommendations to address any wider systemic issues or vulnerabilities exposed during the legal proceedings.
The parading legal framework, as set out in the Public Processions (Northern Ireland) Act 1998, is not in scope of this review. The review will also have no remit as to whether permission should be or should have been granted or refused for any particular parade, nor in relation to Commissioner appointments.
4. Methodology
Subject to adhering to applicable Data Protection and Confidentiality regulations, the Reviewer will have discretion in determining the procedure to follow, including specifying which individuals to meet with and identifying the necessary documentation and correspondence for examination. While the review may seek input from external stakeholders, any such consultations must remain strictly confined to the scope defined within these TORs.
5. Output
A draft report will be submitted to the review sponsor no later than 6 weeks from the review start date with a final report to be submitted within 2 weeks from the draft report. The complete report will be provided to both the Commission and the NIO.
The Commission will complete any additional steps required to fulfill the final report’s recommendations regarding the Commission. Additionally, the NIO will maintain oversight and issue a subsequent implementation progress update.