MARCHING rights of the Orange Order are “not absolute”, council chiefs have warned as police launch a probe into alleged sectarian singing at a weekend parade in Glasgow.
Officials at the local authority have said that parades through the city could face restrictions in the future or even be prohibited if they spark anti-social behaviour.
Read more: Orange Order claim Sturgeon's referendum plan "shot to pieces" as thousands march in Glasgow
The statement comes as officers investigate events surrounding a crowd singing of a banned chant known as the Famine Song after a band struck up the accompanying tune during an Orange walk on Saturday.
The Orange Order of Scotland has distanced itself from the incident, with Executive Officer of the Robert McLean saying he was “confident” none of its members were involved in airing any offensive lyrics, even if a band hired by the organisation had supplied the music.
In a 43-second clip posted onto Twitter on Sunday, the march is seen passing under a bridge as hundreds of people stand by and look on.
A group of people at the end are then heard to repeatedly sing: “The famine is over, why don’t you go home?”
Easy to laugh at the sheer absurdity of all of this but the sanctioned and approved anti-Irish racism on display here needs highlighted. pic.twitter.com/5gmmTHmqim
— Liam O'Hare (@Liam_O_Hare) July 2, 2017
A spokesman for Glasgow City Council said: “The European Convention on Human Rights enshrines the rights to peaceful assembly and freedom of expression. However, these rights are not absolute.
“They must be balanced by the responsibility to ensure the rights of others are not infringed.
“As with all Public Processions, there will be a debrief involving Police Scotland, the organiser and the council. The council will take into account any issues of public disorder, antisocial behaviour or damage to property resulting from the procession.
“It will also take into consideration any evidenced issues and, if a future procession notification is received from the organiser, the likelihood of any restriction or prohibition may be greater.”
Orange Walk Glasgow: ‘Famine Song’ sung by spectators sees police launch investigation
The Famine Song has previously been ruled to be racist by a Scottish court, while fans have been discouraged from singing it at matches at Ibrox.
In 2009 the Scottish Justiciary Appeal Court upheld the conviction of Rangers supporter William Walls after he found guilty of breach of the peace aggravated by religious and racial prejudice.
Mr Walls led a crowd in a rendition of the song during a match against Kilmarnock the year before, as well as shouting anti-Catholic slogans.
The court said that the song was racist and offensive as it encouraged people native to Scotland to leave the country because of their racial origins.
However, a legal source said although it was “feasible” prosecutions could arise out of the incident on Saturday, it was unlikely as singing the song in isolation may not in itself constitute a breach of the peace.
Ross Yuill, partner at the Glasgow Law Practice said: “I have seen prosecutions for signing this song, but they are normally associated with football and covered by the Offensive Behaviour at Football Act.
“It might be considered a breach of the peace, but it is a bit of stretch to say that the incident in the video meets the various tests required. But it’s not impossible.”
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Robert McLean, Executive Officer of the Orange Order of Scotland said his organisation would assist the police with any inquiry.
He added: “None of our members took part in this. The band played the tune but it was the people on the streets who put the words to the tune.
“There is nothing offensive about playing a tune, only when you put the words to it. If there’s evidence to say who was singing then I’m quite sure that the police will deal with that.”
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