THE Orange Order has taken legal advice on a "farcical" change in parade rules and may launch a human rights challenge if they are blocked from staging marches.
In October, The Herald revealed how Police Scotland would no longer close roads for processions ad hoc without a Temporary Traffic Regulation Order (TRRO) following the publication of a report which suggested that in doing do officers may be exceeding their powers.
Report author Dr Michael Rosie, of the University of Edinburgh, said the new policy may see the cost of road closures passed onto march organisers.
READ MORE: Orange Order to launch 'charm offensive' in response to negative media coverage
In an update provided to the Scottish Police Authority’s policing committee, Assistant Chief Constable Nelson Telfer said work was continuing to ensure TTROs were put in place as a matter of routine, the Scotsman reported.
But he warned: “Failing to reach consensus may result in legal challenge from the Orange Order who have communicated their belief that it is their human right to parade on historical, religious, cultural and political grounds. “It is believed that the Orange Order have also sought legal advice that supports their position.”
In response, Robert McLean, executive officer of the Grand Orange Lodge in Scotland, told the Scotsman the situation had become “farcical”.
READ MORE: Orange Order to launch 'charm offensive' in response to negative media coverage
He said: “The Scottish Government should tell Police Scotland that they should be policing all events and if they can’t, the Scottish Government should bring in legislation that allows them to do it. “We’ve always been clear on this – if someone comes along and says we can’t parade, we’ll look at that. If it’s infringing on our human rights, then we’ll take legal advice.
“We taken legal advice from a senior QC and we know what our rights are.
"That’s why we’ve asked to sit down with Police Scotland and the Scottish Government to see if we can resolve this.”
READ MORE: Orange Order to launch 'charm offensive' in response to negative media coverage
Police Scotland is basing its position on the legal advice from Dr Michael Rosie who claims they should publish this advice, because of the implications for free speech. and free association.
Police Scotland Assistant Chief Constable Bernard Higgins has previously admitted the cost of orders is likely to be passed on to organisers, with some marches and parades no longer viable.
It was thought the new rules may not adversely effect the Orange Orange to the same degree as community marches because the loyalist group is often better funded.
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