Allister answers Storey's pitiful defence of parading Code of Conduct
06 July 2010
Responding to Mervyn Storey’s dutiful, though erroneous, defence of the Joint First Minister’s statutory Code of Conduct on parading, TUV Leader Jim Allister QC said:-
"The fact that he deals with the insult whereby adjudicators on disputed parades can include convicted terrorists by saying that’s now the norm for our society shows just how far and readily Mervyn has abandoned his former stances. There was a time Mervyn Storey wouldn’t have shrugged his shoulders at terrorists as parade adjudicators, but then there was a time he was also opposed to terrorists in government. Now, day by day he sustains them in office in Stormont.
"Turning to the key issue of the Code’s requirements for parade organisers to negotiate with objectors, I will let the language of the document speak for itself:-
“Face to face engagement during facilitation of dialogue and mediation will be the norm and encouraged as such. Clearly no one can be forced to participate in same. The Adjudication Body may take into account during their deliberations a refusal to enter into engagement, however, it will not be a main or key determining factor in the final adjudication. Any person or group that does not enter into face to face engagement must fully justify the exceptional circumstances that prevent them from so engaging to the satisfaction of the Adjudication Body.”
"So, face to face dialogue is the expected norm and those parade organisers who decline to engage with IRA/Sinn Fein orchestrated objectors must discharge the onus of proving the ‘exceptional circumstances’ which fully justifies their refusal. Whereas it is claimed that refusal will not be a main or key determining factor, it is self evident that it will be an important material consideration which will weigh against the organisers in the balancing exercise in which the Adjudicating Body will engage.
"The above paragraph from the Code is a classic product of DUP/Sinn Fein negotiation. Sinn Fein gets the important affirmation that dialogue will be ‘the norm’ and the assurance that organisers must discharge the burden of proving ‘exceptional circumstances’ fully justifying non-compliance with ‘the norm’ and the DUP gets the ambiguous assurance that refusal to dialogue will not be ‘a main or key determining factor’. Each by focusing on the phrases that suit claim victory, but objectively anyone can see that the party which must fully justify departure from the norm is the one on the back foot in an adjudication which involves weighing up the arguments for and against the parade. Clearly, refusal to dialogue will weigh against the organisers. The Adjudicating Body, which remember can include convicted terrorists, can and will use it against those wishing to parade, all they have to do is avoid describing it as a key determining factor.
"Moreover, since this Code is not mere guidance but has statutory standing, it will be refined and defined by multiple Judicial Reviews, orchestrated by Mr Storey’s partners, Sinn Fein. On past experience and given the starting point of dialogue being the norm, I will venture to predict that in time it will become clear, even to Mervyn, that in this Code the DUP has bought another pig in a poke."
