We should probably avoid using words which have any pejorative connotation when describing anyone whose rights are being sought to be balanced in this matter. I agree with the Deputy that this is a matter of balancing rights. As the North report says, there are two conflicting rights — the right to peaceful free assembly, subject to certain qualifictions, and the obligation to exercise that right with certain responsibilities, in particular taking into account the way in which the right is exercised in relationships with other parts of the community. It is important to temper the exercise of the right to free assembly with reference to the impact which a particular method of exercise of that right would have on relationships within the community. It is fair to say that in the exercise of all rights — such as the matter of recent controversy about what should and should not be published — having the right to publish something or walk somewhere does not mean that one is obliged to exercise that right in a particular way in all circumstances. There is a margin for judgment, discretion, humanity and decency and every individual who has a right has an obligation to remember that margin when deciding how he will exercise that right. To say that people have exercised a right in a way which was mistaken in a particular instance is not to say that they do not have the right, just that they have exercised it wrongly; nor is it to say that the right need necessarily be taken away from them. One could be satisfied that they will exercise it in a decent and humane way.
The North report contains a lot of useful recommendations apart from the ones referred to by the Deputy. It suggests a longer notice period of 21 days and the creation of a new offence which would penalise the conduct of individuals who set out deliberately, through force of numbers or threat of disorder, to contravene the legal determination of the parades commission in defiance of its authority. This recommended new offence is of considerable importance because it means that people who exercise a particular right in a way which has the effect described would be open to prosecution. There is also provision for a code of conduct in regard to parades, a band registration scheme and a control on the sale of alcohol in association with parades.
The Deputy asked about the decision the Secretary of State might make to vary, on appeal from the Chief Constable of the RUC, a determination by the parades commission. Under the recommendations the Secretary of State could only make that decision in accordance with the same criteria — which would ultimately be statutory criteria — which would guide the commission in making its original decision. He could not make it using other criteria.
The Irish Government does not become involved in decisions about individual parades and that should be understood by all in Northern Ireland. However, we have a legitimate interest in protecting the rights of both communities, particularly the minority, in Northern Ireland and in the avoidance of disorder, which could cause problems for people both within Northern Ireland and elsewhere, and we offer advice and counsel on that basis.