Public Order Act (Northern Ireland) 1951
Encyclopedia
The Public Order Act 1951 (1951 c. 19) was an Act
of the Parliament of Northern Ireland
. The Act concerned meetings and 'non traditional' parades, although a 1970 amendment considerably broadened the Act's scope to include paramilitary groups and weaponry.
(RUC). The only exceptions were funeral processions and 'public processions which are customarily held along a particular route'. Failing to give notice was an offence against the Act. If the any senior RUC officer decided that the procession might lead to a breach of the peace
or serious public disorder, he could order the route to be changed. If the Minister of Home Affairs
felt that this would not be sufficient to prevent serious disorder, he could make an order banning any or all parades in that area.
The Act also made it an offence to say or do anything insulting, threatening or abusive at a public meeting or procession; to display anything which would be likely to cause a breach of the peace; or to act in a disorderly manner during a lawful public meetings for the purpose of preventing the purpose of the meeting. Anyone convicted of an offence under the Act could be fined up to ₤500 or be imprisoned for up to two years, depending on which section the offence was under and the nature of the offence.
. The amendment made it an offence to knowingly take part in an illegal procession or meeting; increased the notice required to 72 hours; made it an offence to attempt to prevent, hinder or annoy a legal procession; and made it an offence to sit, kneel or lie in a public place to hinder any lawful activity. When considering whether to re-route a parade, the RUC were required to have regard to 'the desirability of not interfering with a public procession customarily held along a particular route'. Maximum fines and prison terms for lesser offences under the Act were increased. The amendment also banned the wearing of uniforms signifying membership of any political organisation or support for a political aim, except at the discretion of the Minister of Home Affairs; specifically banned the formation of paramilitary associations; and banned the carrying of offensive weapons in public places.
. The new legislation removed the 'traditional processions' exemption and required all parade organisers to give seven days notice to the RUC.http://www.opsi.gov.uk/si/si1987/Uksi_19870463_en_1.htm
from the 1922 Special Powers Act
. Although it was never defined what constituted a 'customary' parade, most commentators agree that the clause exempting these parades privileged Orange Order and other Protestant/loyalist
marches, since under the Special Powers Act these had generally been allowed to go wherever they liked, whereas nationalist and republican parades had been restricted to Catholic
-dominated areas. Although loyalist parades were occasionally banned before the beginning of the Troubles, this was very unusual and tended to do severe career damage to the Minister who enacted the ban. Once the Troubles broke out, the Act was used to ban all parades in Northern Ireland for several periods from 1969 to 1972. It remained relatively unusual for loyalist parades to be specifically banned, although their re-routing became much more common.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Northern Ireland
Parliament of Northern Ireland
The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...
. The Act concerned meetings and 'non traditional' parades, although a 1970 amendment considerably broadened the Act's scope to include paramilitary groups and weaponry.
Contents of the Act
The first section of the Act required any person or persons organising a public procession to give 48 hours' notice to a senior officer of the Royal Ulster ConstabularyRoyal Ulster Constabulary
The Royal Ulster Constabulary was the name of the police force in Northern Ireland from 1922 to 2000. Following the awarding of the George Cross in 2000, it was subsequently known as the Royal Ulster Constabulary GC. It was founded on 1 June 1922 out of the Royal Irish Constabulary...
(RUC). The only exceptions were funeral processions and 'public processions which are customarily held along a particular route'. Failing to give notice was an offence against the Act. If the any senior RUC officer decided that the procession might lead to a breach of the peace
Breach of the peace
Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:...
or serious public disorder, he could order the route to be changed. If the Minister of Home Affairs
Minister of Home Affairs (Northern Ireland)
The Minister of Home Affairs was a member of the Executive Committee of the Privy Council of Northern Ireland in the Parliament of Northern Ireland which governed Northern Ireland from 1921 to 1972...
felt that this would not be sufficient to prevent serious disorder, he could make an order banning any or all parades in that area.
The Act also made it an offence to say or do anything insulting, threatening or abusive at a public meeting or procession; to display anything which would be likely to cause a breach of the peace; or to act in a disorderly manner during a lawful public meetings for the purpose of preventing the purpose of the meeting. Anyone convicted of an offence under the Act could be fined up to ₤500 or be imprisoned for up to two years, depending on which section the offence was under and the nature of the offence.
Amendment
The Act was amended in 1970, in response to the beginning of the TroublesThe Troubles
The Troubles was a period of ethno-political conflict in Northern Ireland which spilled over at various times into England, the Republic of Ireland, and mainland Europe. The duration of the Troubles is conventionally dated from the late 1960s and considered by many to have ended with the Belfast...
. The amendment made it an offence to knowingly take part in an illegal procession or meeting; increased the notice required to 72 hours; made it an offence to attempt to prevent, hinder or annoy a legal procession; and made it an offence to sit, kneel or lie in a public place to hinder any lawful activity. When considering whether to re-route a parade, the RUC were required to have regard to 'the desirability of not interfering with a public procession customarily held along a particular route'. Maximum fines and prison terms for lesser offences under the Act were increased. The amendment also banned the wearing of uniforms signifying membership of any political organisation or support for a political aim, except at the discretion of the Minister of Home Affairs; specifically banned the formation of paramilitary associations; and banned the carrying of offensive weapons in public places.
Repeal of Act
The Act was repealed by the Public Order (Northern Ireland) Order 1987, an Order in Council made by the British government during the period of direct ruleDirect Rule
Direct rule was the term given, during the late 20th and early 21st centuries, to the administration of Northern Ireland directly from Westminster, seat of United Kingdom government...
. The new legislation removed the 'traditional processions' exemption and required all parade organisers to give seven days notice to the RUC.http://www.opsi.gov.uk/si/si1987/Uksi_19870463_en_1.htm
Effects
The Act took over the governance and control of parades in Northern IrelandParades in Northern Ireland
Parades are an important part of Northern Irish culture. Although the majority of parades are held ostensibly by Protestant, unionist or Ulster loyalist groups, nationalist, republican and non-political groups also parade. Parading is often considered to be an assertion of a group's control over a...
from the 1922 Special Powers Act
Civil Authorities (Special Powers) Act (Northern Ireland) 1922
The Civil Authorities Act 1922, often referred to simply as the Special Powers Act, was an Act passed by the Parliament of Northern Ireland shortly after the establishment of Northern Ireland, and in the context of violent conflict over the issue of the partition of Ireland...
. Although it was never defined what constituted a 'customary' parade, most commentators agree that the clause exempting these parades privileged Orange Order and other Protestant/loyalist
Ulster loyalism
Ulster loyalism is an ideology that is opposed to a united Ireland. It can mean either support for upholding Northern Ireland's status as a constituent part of the United Kingdom , support for Northern Ireland independence, or support for loyalist paramilitaries...
marches, since under the Special Powers Act these had generally been allowed to go wherever they liked, whereas nationalist and republican parades had been restricted to Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...
-dominated areas. Although loyalist parades were occasionally banned before the beginning of the Troubles, this was very unusual and tended to do severe career damage to the Minister who enacted the ban. Once the Troubles broke out, the Act was used to ban all parades in Northern Ireland for several periods from 1969 to 1972. It remained relatively unusual for loyalist parades to be specifically banned, although their re-routing became much more common.