r/Glasgow Tools

Title
Author	punxcs
Comment	This is an email I received upon complaining. - - - Thank you for your email relative to the above. I note your comments and can advise that during the period from late March 2020 to early June 2021 there was no Public Processions permitted in any local authority in Scotland, as COVID 19 restrictions prevented the gathering of individuals for the purpose of Public Processions. However, clearly several unauthorised demonstrations or marches took place, during this period. These type of gatherings were managed by Police and should you require any further information or comment in relation to those marches I would suggest that you direct your enquiry to Police Scotland. With regard to Public Processions in general, the right to march, and freedom of assembly, are enshrined in the European Convention on Human Rights. As a result, the council has no legal power to simply ban all parades by the Grand Orange Lodge of Scotland, or by any group or organisation. The law governing public processions is established within the Police, Public Order and Criminal Justice (Scotland) Act 2006 and guidance issued by Scottish Ministers under section 65A of the Civic Government (Scotland) Act 1982. You can access more information here The role of local authorities is to facilitate parades as the presumption to process is heavily weighted towards the peaceful democratic freedom to express either cultural, religious, political, arts or other interest groups. It makes no difference whether it is the Orange Lodge, TUC, Boys Brigade, Church celebrations, other religious festivals, Galas, or any other group or organisation. This means that when considering all notifications for a procession, we will rigorously measure the impact of the procession against each of the four considerations, as set out in the legislation. The four considerations are: public safety; public order; damage to property; and disruption to the life of the community. Each procession must be assessed on its own individual merits and in accordance with the particular circumstances that may prevail at that time. The council can only act on objections made in advance, on an individual notification and on grounds contained within the 2006 Act. Local Authorities must take into account the four factors when considering a procession notification. This is carried out in partnership with Police Scotland and in discussions with organisations over their planned route, timings of march, other events taking place and officer knowledge. Police Scotland are statutory consultees and have a major role to play in parades. They risk assess each individual application in line with the current legislation. If they have intelligence of potential significant and serious disorder, they can make formal submissions or objections to the Council. The council is guided by our own policy and code of conduct which respects the right of individuals and groups to march but clearly sets out that this must be balanced and that others rights are not infringed. It works within the parameters of the legislation and which processions and parades organisers are obliged to adhere to. It can be found here. However, the council also wants to do more to ensure people are aware of the processions that may take place in their community and is looking at ways in which we can improve communications and notifications of marches and parades. For more information on how you can access this process visit the council’s public processions page here I trust that this information is helpful in understanding the limited powers that Local Authorities have to regulate the individuals rights to process.
Reddit Link	https://www.reddit.com/r/glasgow/comments/s7yc2h/parades_glasgow_showerthoughts/htfxbvf/
Created	Thu 20th Jan 2022 10:20am
Status	normal ()

This is an email I received upon complaining.

- - -
Thank you for your email relative to the above.
I note your comments and can advise that during the period from late March 2020 to early June 2021 there was no Public Processions permitted in any local authority in Scotland, as COVID 19 restrictions prevented the gathering of individuals for the purpose of Public Processions. However, clearly several unauthorised demonstrations or marches took place, during this period.
These type of gatherings were managed by Police and should you require any further information or comment in relation to those marches I would suggest that you direct your enquiry to Police Scotland.

With regard to Public Processions in general, the right to march, and freedom of assembly, are enshrined in the European Convention on Human Rights. As a result, the council has no legal power to simply ban all parades by the Grand Orange Lodge of Scotland, or by any group or organisation.
The law governing public processions is established within the Police, Public Order and Criminal Justice (Scotland) Act 2006 and guidance issued by Scottish Ministers under section 65A of the Civic Government (Scotland) Act 1982. You can access more information here

The role of local authorities is to facilitate parades as the presumption to process is heavily weighted towards the peaceful democratic freedom to express either cultural, religious, political, arts or other interest groups. It makes no difference whether it is the Orange Lodge, TUC, Boys Brigade, Church celebrations, other religious festivals, Galas, or any other group or organisation. This means that when considering all notifications for a procession, we will rigorously measure the impact of the procession against each of the four considerations, as set out in the legislation.
The four considerations are:

public safety;

public order;

damage to property;

and

disruption to the life of the community.

Each procession must be assessed on its own individual merits and in accordance with the particular circumstances that may prevail at that time. The council can only act on objections made in advance, on an individual notification and on grounds contained within the 2006 Act. Local Authorities must take into account the four factors when considering a procession notification. This is carried out in partnership with Police Scotland and in discussions with organisations over their planned route, timings of march, other events taking place and officer knowledge.
Police Scotland are statutory consultees and have a major role to play in parades. They risk assess each individual application in line with the current legislation. If they have intelligence of potential significant and serious disorder, they can make formal submissions or objections to the Council.
The council is guided by our own policy and code of conduct which respects the right of individuals and groups to march but clearly sets out that this must be balanced and that others rights are not infringed. It works within the parameters of the legislation and which processions and parades organisers are obliged to adhere to. It can be found here.
However, the council also wants to do more to ensure people are aware of the processions that may take place in their community and is looking at ways in which we can improve communications and notifications of marches and parades. For more information on how you can access this process visit the council’s public processions page here

I trust that this information is helpful in understanding the limited powers that Local Authorities have to regulate the individuals rights to process.