Summary:
Glasgow City Council (GCC) and the Police Service of Scotland (PS) are responsible for facilitating egregious manifestations of anti-Catholic hatred and anti-Irish racism in Glasgow.
For the benefit of readers and those pro-actively opposed to anti Catholic bigotry and anti-Irish racism this blog exposes the incompetent and highly restrictive interpretation of legislation by GCC and PS.
In addition, this blog challenges institutional practice at the heart of both duty bearers that culminates in continual and unrelenting state facilitation of anti-Catholic bigotry and anti-Irish racism. These are both forms of institutional discrimination.
Unless GCC / PS update their policies, procedures, and interpretation of the law they will continue in their practice of facilitating hatred towards Scotland’s largest ethnic and religious minority community.
The reality in Glasgow / Scotland in 2021 is as follows.:
No other community in Scotland is subjected to the unique phenomenon of anti-Catholic marches and frequency of racial and religiously-aggravated hate incidents directly caused by them.
No other community would be expected to tolerate it on an annual and multi-generational basis
There is no other community where the victims of bigotry and racism are blamed for the hatred expressed towards them.
State facilitation of anti-Catholic marches that stir up racism and bigotry create a hostile atmosphere for Catholic’s of Irish descent in Scotland that is regularly reflected in the opinion pieces of Scottish newspapers helping to normalise anti-Catholic hatred as a credible political opinion for bigots and middle-class Scots who have never experienced anti-Catholic hatred or anti-Irish racism.
For example, no other communities’ children are blamed for the hatred expressed towards them in the way the Scottish commentariat gleefully denounce Catholic schools in the aftermath of anti-Catholic violence. The latest in a long line of attacks coming from the Daily Records Annie Brown[1], The Times Fiona Rintoul[2] and The Heralds Rosemary Goering[3].
In 2019 Sheriff Reid described this unique type of state-facilitated hatred as:
“a form and manner of expression that can reasonably be interpreted as hostile and antagonistic...imbued with the notion of intimidation, provocation and implicit attack, having effect (if not calculated) to cause alarm and fear”.[4]
The law:
Chief Superintendent Mark Sutherland – 17/09/2021:
“We would urge the large majority who behave in the right way and know there is no place for poor behaviours or hate, to influence those around you to ensure the day is remembered for the right reasons, and passes peacefully”[5]
Under the Bridge Famine Song - 2017
The law directly governing the facilitation of parades is outlined in the Civic Government (Scotland) Act 1982 amended and integrated into the Police, Public Order and Criminal Justice (Scotland) Act 2006. Orbiting this law is the Equality Act (2010) and Human Rights Act (1998). GCC and PS to do not apply all three relevant acts simultaneously as they are required to do so.
Civic Government (Scotland) Act was written in 1982 to govern the facilitation of among many other things processions and parades. In 2006 the law was revisited and subsequently modernised and named Police, Public Order and Criminal Justice (Scotland) Act 2006 (PPCS). For the benefit of the reader the changes from the 1982 – 2006 law are immaterial in relation to the facilitation of parades and processions.
What the PPCS outlines is that the police are an important partner in considering the impacts of parades and processions. Thus, they are known as a statutory consultee.
This means that Glasgow City Council are obliged to listen to anything the police have to say on any given parade or procession. For the Police as the key duty bearer responsible for public safety and the protection of citizens from hatred and discrimination this is understandable and uncontroversial.
The text that outlines the right of the police to be listened too in law is as follows.
“(5) The local authority may, after consulting the chief constable and (where
section 62(1)(aa) of this Act applies) the National Parks Authority, make an
order—
· imposing conditions on the holding of a procession to which paragraph
(a) of subsection (11B) of section 62 of this Act relates;
· (b) prohibiting or imposing conditions on the holding of a procession to
which paragraph (b) of that subsection relates”.[6]
The following text outlines the powers that the council have independently of the Police to impose restrictions on processions.
“(8) The considerations to which the local authority shall have regard when
deciding whether to prohibit the holding of a procession or impose conditions
on it under this section shall include—
(a) the likely effect of the holding of the procession in relation to—
(i) public safety.
(ii) public order.
(iii) damage to property.
(iv) disruption of the life of the community.”
There is no part in the law which stipulates that the Police can dictate to a democratically elected local council which marches do or do not get to take place.
The text “after consulting the chief constable” is intended as it is written. To be consulted, not to dictate.
In addition, the text “The considerations to which the local authority shall have regard” bestows upon the council their independent legal authority to administer the law independently in areas of governance that fall within their responsibility.
The law ensures the Police are part, if they chose to be so, of the process of decision making. The ultimate power rests with the local authority.
The current position of Glasgow City Council is that they cannot intervene unless the Police issue a formal notice of concern.
GCC’s position is inaccurate. The PPCS was never intended to and provides no position for Police Scotland to act or be treated as the sole arbitrator of fundamental human rights in relation to freedom of expression, assembly and protest. The Police are not a democratically elected institution. They are a statutory consultee, not a statutory decision maker.
A formal notice of concern or recommendation from Police Scotland would escalate a heightened response from the local authority however the local authority can convene their Public Processions Committee at any point. GCC are an independent local Government, the suggestion that they cannot act without permission from the police is absurd.
In the process to determine whether restrictions would be imposed on the 18th of September marches Chief Superintendent Mark Sutherland has admitted that PS:
“Discussed what was captured in the de-brief following the 2019 processions which included incidents at both parish churches in Easterhouse and the Gorbals, all of which was shared with GCC”
GCC at their own discretion can invite, not compel, the statutory consultee and others to provide evidence to inform the democratically elected committees decisions.
In the case of the anti-Catholic and anti-Irish marches of the 18th of September
· the Police chose not to issue a formal note of concern or recommendation and
· Glasgow City Council chose to ignore the evidence provided by PS in their debrief. GCC chose not to use the powers at their disposal or convene the public processions committee.
Both duty bearers are guilty of an incompetent application of the law devoid of leadership, responsibility and in violation of their statutory duty to eliminate unlawful behaviour and protect Catholics, the multi-generational Irish community and other citizens from egregious forms of discrimination and hatred directed explicitly towards them.
In relation to processions and marches the Police, Public Order and Criminal Justice (Scotland) Act 2006 is not a standalone piece of legislation. The decision-making processes should be influenced by the Equality Act (2010) and the Human Rights Act (1998).
No no Pope of Rome, no chapel to sadden my eyes, no nuns and no priests fuck your rosary beads” Glasgow 2021
Equality Act 2010
The Equality Act 2010 binds public bodies to a pro-active anti-discrimination obligation called the ‘Public Sector Equality Duty’ (PSED).
The PSED is a legacy response to the institutional racism identified in the Metropolitan Police inquiry into the murder of Black teenager Stephen Lawrence.
The Act places a pro-active responsibility on GCC and PS to ‘eliminate unlawful discrimination’ outlined as follow:
“In summary, those subject to the equality duty must, in the exercise of their functions, have due regard to the need to:
Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
Advance equality of opportunity between people who share a protected characteristic and those who do not.
Foster good relations between people who share a protected characteristic and those who do not”.[7]
“In the exercise of their functions” covers GCC / PS policy, decision making process, frontline service provision and interpretation and implementation of statutory powers.
At no point in the ‘exercise of their functions’ has either GCC or PS provided evidence that they have considered the pro-active legal duty to ‘eliminate unlawful discrimination’ in relation to their co-decision to facilitate, with no restrictions, anti Catholic and anti-Irish marches that fundamentally ‘disrupt the life of the community’.
Human Rights Act (1998)
Deputy Chief Constable Will Kerr: 17/09/2021:
"[Sectarianism] isn't just a problem that you see the symptoms of around Orange Order parades - this is a problem that affects both Catholic and Protestant communities, it affects many other parts of Scotland than just Glasgow. It's not unique to the Orange Order in Glasgow in any way, shape or form."[8]
In the lead up to the 18/09/21 pageantry of anti-Catholic hatred and anti-Irish racism PS reiterated their commitment to protecting the human rights of anti-Catholic marches.
“Police Scotland is a rights-based organisation that puts our values of integrity, fairness, respect and a commitment to upholding human rights at the heart of everything we do.
“This means we are committed to supporting the human rights of individuals and groups who wish to assemble, balanced against the rights of the wider community and ensuring the safety of everyone involved”.[9]
The right to assemble and the right to freedom of expression are contained within articles 10 and 11 of the European Convention of Human Rights and Fundamental Freedoms.[10]
PS and GCC are highly adept at utilising the profound language of European convention rights to imply that a higher authority, in this case the European court, has placed significant limitations on their ability to prevent racist and bigoted marches from passing Catholic churches.
Glasgow City Council claim that they are powerless and completely incapable of protecting citizens from cyclical and relentless anti-Catholic bigotry and anti-Irish racism. They are dictated to by the police and when that is not the case they are paralysed by the European Court of Human Rights.
GCC / PS in partnership present an extremely conservative analysis of legal obligations to citizens as to the nature of convention rights, how they interact with the law and how they impact decision making processes and policing.
For those unfamiliar with convention rights there are two different types of human rights. Unqualified human rights and qualified human rights. An example of an unqualified right is a right the state can never take away from you such as the right to life.
A qualified right is a right that the state may need to balance against competing interests or impose restrictions on to protect the human rights of others.
Restrictions can be placed on the right to assemble and freedom of expression if the behaviour contained within their enjoyment is:
“Prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others”[11]
In the case of anti-Catholic and anti-Irish marches that have the effect of stirring up racial and religious hatred these expressions are criminal in law. Furthermore, Catholics and other citizens also have a human right to be protected from hate crime and discrimination or be intimidated from freely moving around the city in which they live.
In 2019 Sheriff Reid explained that the right to assemble and freedom of expression in relation to anti Catholic marches passing Catholic churches can be summarised as such:
Right to Assemble:
“For all disclosed intents and purposes, the pursuer’s asserted right of assembly could equally well be exercised by walking in circles around Glasgow Green”.[12]
Right to Freedom of Expression:
“it [anti-Catholic marches] is a form and manner of expression that can reasonably be interpreted as hostile and antagonistic in nature to the religious beliefs of those wishing to attend the Church, imbued with the notion of intimidation, provocation and implicit attack, having effect (if not calculated) to cause alarm and fear”[13]
Thus, the ability of GCC to restrict and balance rights is an established international human rights norm, within their margin of appreciation of assessing the impact of marches and places them, as key duty bearer, in a position of considerable strength when considering their human rights obligations.
In advance of the 18th of September 2021 marches GCC and PS were aware of
· the conduct of marchers over the preceding decades[14]
· the locus of marches to stirring up racial and religious hatred[15]
· the judgement of Sheriff Reid in balancing the rights of all[16]
· their independent and shared authority to place proportionate and lawful restrictions on marches
Balancing human rights or facilitating supremacist violence?
Following an extraordinary and unprecedented sequence of tweets on Thursday the 16th of September between GCC[17] and PS[18] that sought to attack the credibility and honesty of the anti-bigotry and anti-racist movement, Call It Out (CIO), the organisation took the decision to place into the public domain their communications with both duty bearers GCC and PS.[19]
Worth noting in the communications between the citizen led anti-racist organisation and core duty bearer PS is the correspondence attributed to the Chief Superintendent of Greater Glasgow Police, Mark Sutherland, the senior officer in charge.
In relation to whether PS issued a formal concern or recommendation to GCC as the statutory consultee Chief Superintendent Sutherland outlined:
“As I understand it our liaison officers have discussed what was captured in the de-brief following the 2019 processions which included incidents at both parish churches in Easterhouse and the Gorbals, all of which was shared with GCC.
This is very different from Police Scotland providing formal notice to GCC about existing information and intelligence where we believe there is significant threat to public safety and or serious disruption to the life of the community. Following such notification GCC would then consider a processions committee which may lead to a re-route or other decision by the committee”.[20]
This legislative assessment was mirrored by PS close partners GCC. On the 15th of September senior GCC official Mairi Miller outlined in relation to the request for 3 minor march re-routes away from Catholic churches and the scene of a significant crime[21] directly related to the previous march that:
“In these particular cases and having taken account of the decision by Sheriff Reid, we do not consider that any of the grounds set out within part five of the Civic Government (Scotland) Act 1982 in relation to the likely effect on public safety, public order, damage to property or disruption to the life of the community have been triggered which would allow us to impose conditions or prohibitions on these processions”.[22]
The incidents Mark Sutherland (PS) and Mairi Miller (GCC) refer to include the flagrant violation of GCC / PS restrictions at the corresponding parade past Blessed John Dun Scotus in 2019.
At this parade in 2019, the last before the pandemic, the anti-Catholic, and anti-Irish marchers in their journey to the church played melodies directly attributable to the song the Billy Boys that includes the racist lyric[23] ‘Up to our knees in Fenian Blood’.[24]
In addition, the song commemorates fascist leader and KKK activist Billy Fullerton of Bridgeton who led a violent racist and anti-Irish and Catholic gang in Glasgow in the 1920’s.[25]
When they reached the church, the anti-Catholic and Irish march stopped and continued to play music in violation of conditions set by GCC / PS.[26]
The Bridgeton Protestant Boys Flute band escorting their local Orange Lodge members did so in a manner reflective of the attack on St. Alphonsus church in 2018/19 that was ‘imbued with the notion of intimidation, provocation and implicit attack, having effect (if not calculated) to cause alarm and fear’.[27]
Furthermore, at the same parade in central Glasgow march participant Darren Thompson, 34 of the Drumchapel Protestant Boys Flute Band engaged in "disgusting and inexcusable" behaviour by assaulting and spitting on a female member of the public trying to get to her work on time.[28]
The Drumchapel Protestant Boys showing contrition and humility in 2021 egged on by Orange Order members and the public “Fuck the Pope and the Vatican”
Darren Thompson was joined in court by fellow march participant William Carmichael, 45 who was also found guilty of assaulting the female citizen going to work.
Two separate incidents where multiple restrictions have been ignored and a young lady has been assaulted by two adult males in a ‘disgusting and inexcusable way’ while trying to get to work.
According to core duty bearers PS represented by Mark Sutherland and GCC represented by Mairi Miller these incidents do not warrant a statutory consultee recommendation or the attention of elected counsellors on the public processions committee. Indeed, Mark Sutherland in legal assessment creates a whole new legal standard citing ‘serious disruption to the life of the community’. The word ‘serious’ is nowhere to be found in the relevant legislation. ‘Serious disruption’ in this case is an arbitrary distinction PS have applied with no standing or authority.
Given the circumstances and events hitherto outlined citizens are justified in asking PS what precisely they consider ‘serious disruption’ to constitute.
If attacks on Priests, elderly Catholic parishioners, young women going to work, ignoring of lawful restrictions and egregious manifestations of racism and bigotry do not meet PS arbitrary unlawful threshold of ‘serious disruption’ or as the law actually says, ‘disruption’ then it begs the question, what does?
GCC and PS have a legal obligation to pro-actively protect citizens from bigotry and racism. They choose not to do so.
This is an astonishing position for any self-proclaimed human rights-based organisation to take. GCC and PS policy position directly contradicts human rights case law[29], policy development and existing rights-based knowledge to the extent that the PS and GCC position is a vulgar contortion of their rights obligations.
There exists no case law in the decade’s long and thousands of cases archive of the European Court of Human Rights that could be cited to protect the rights of racists and bigots, to ignore proportionate state restrictions with impunity and no case law that facilitates the rights of men to attack women without serious and significant consequences.
In a hypothetical situation where the duty bearers PS and GCC had done their job properly and placed minor restrictions on these marches to be followed by legal challenge from the marchers the following would have occurred.
A Scottish judge considering previous events and the judgement of Sheriff Reid would have supported GCC and PS to impose proportionate and lawful restrictions.
If the LOL eventually found themselves petitioning the European Court of Human Rights the court would have found their case ‘inadmissible’.
For a case to be found ‘inadmissible’ it means that the court would have refused to hear the petitioners given the absurdity of their claims and the decades long established margin of appreciation, proportionality and lawfulness of the state’s authority to protect citizens from racism, bigotry and violence.
GCC and PS strategically choose to ignore this basic knowledge of ECHR case law and their margin of appreciation. Thus, their current publicly projected policy positions and actions have bypassed farcical and are now in the realm of complicity.
As such GCC and PS systematically fail Glasgow’s multi-ethnic, multi faith and multi-cultural citizens including Catholic and Irish communities on a cyclical basis.
This constitutes direct discrimination under the terms of the Equality Act 2010 and ensures that both duty bearers act outwith their duty to comply with Human Rights Act 1998.
Glasgow City Councillors whose democratic mandate and responsibilities have been bypassed by a staggeringly underdeveloped interpretation of equalities, human rights and public law from officials, the Chief Executive and leader’s office must demand:
· Access to the briefing PS provided to GCC.
· That GCC and PS be held accountable for their decision-making process.
· That the minutes of meetings that took place in relation to these events should be published.
· That the GCC legal position in relation to all applicable law should be published.
· That the PS legal position in relation to all applicable law should be published
· That GCC must publish the full extent of mediation it undertook between themselves and anti-Catholic march organisers including any mediation subcontracted to the ‘Centre for Good Relations’.
This is a very serious situation. The evidence publicly available reflecting egregious manifestations of racism and bigotry on an annual basis place both duty bearers in a shocking position. Fundamentally, they are guilty of facilitating and imposing with no democratic oversight serious manifestations of racism and bigotry on the citizens of Glasgow. They do so under the guise of respecting human rights.
Beyond being complicit in the loss of life there is no more serious accusation that can be attributed to institutions in relation to their core, basic human rights obligations. Imposing racism and bigotry on citizens is not the actions of a modern, progressive and equal society.
Conclusion:
Chief Superintendent Mark Sutherland – 18/09/2021:
"We are aware that on a number of occasions today there have been outbreaks of racist and sectarian singing by some of those attending to support the Orange Order processions” [30]
Since 2011, the Equality Act 2010, Human Rights Act 1998 and Police, Public Order and Criminal Justice (Scotland) Act 2006 have all been applicable to assessing the facilitation of anti-Catholic and anti-Irish racist marches.
The legislation read simultaneously as is the legal obligation of both duty bears places a proactive duty on them to take all meaningful steps to prohibit displays of anti-Catholic hatred and anti-Irish racism.
GCC and PS have provided no evidence beyond rhetoric that they have taken any substantive action to comply with the law.
Where the law is mentioned by either duty bearer, they (GCC and PS) adopt acutely restrictive interpretations of Equalities, Human Rights and Public Law.
No evidence exists, or is at least available to the public, that they assess the relevant legislation as appropriate simultaneously.
Vacuous rhetoric about being ‘rights-based organisation’ is not backed up by any substantive human rights outcomes for victims of annual anti-Catholic hatred and anti-Irish racism.
The direct consequence of this is that both duty bearers facilitate as the status quo anti-Catholic bigotry and anti-Irish racism. The European Convention of Human Rights was written post WW2 to prevent hatred, racism and bigotry. Not facilitate it.
Anti-Catholic bigotry and anti-Irish racism are forms of institutional discrimination that are unique in frequency and tradition to Scotland.
In Glasgow on the 18th of September 2021 Anti-Catholic bigotry and anti-Irish racism was enabled and facilitated by Glasgow City Council and the Greater Glasgow Division of the Police Service of Scotland in direct violation of the European Convention of Human Rights and Fundamental Freedoms and Equality Act 2010. Where criminal law has been engaged 14 arrests have been made to date for anti-Catholic bigotry and anti-Irish racism[31].
In criminal law these are known as aggravations and are described as motivated by hatred of a person’s religion or race (colour, nationality, ethnic or national origin). It is wrong and counterproductive to call these serious crimes “sectarian”. ‘Sectarian’ has no meaning or standing in hate crime law, human rights law or equalities law.
Thus, in relation to marches and parades neither duty bearer has any credibility at this present time to unilaterally claim to be a “rights-based organisation”. In action they appear to have no meaningful comprehension of what that phrase means.
Glasgow City Council – 17/09/21 "We are working in very close partnership with police ahead of the processions and they have offered us no such advice.” "Police did not raise any objections, request any alteration to routes or otherwise give the council advice regarding the processions. "We have confirmed with Police Scotland today that both organisations share the same understanding of the current position.”[32]
GCC / PS ignored or chose not to apply the full extent of their legal powers
GCC / PS ignored in any meaningful the judgement of Sheriff Reid and discarded the precedents set in his judgement
PS failed to raise a formal concern as the only statutory consultee. This is an abdication of responsibility and a fundamental dereliction of their duty to protect citizens from hate crime, racism and bigotry. This resulted in widespread anti Catholic hatred and anti-Irish racism
GCC failed in its duty to use the independent powers at their disposal to convene a Public Processions Committee. This resulted in widespread anti Catholic hatred and anti-Irish racism
GCC failed in its duty to provide transparent democratic oversight of marches that have over decades catalysed significant issue of lawlessness and hate crime. This resulted in widespread anti Catholic hatred and anti-Irish racism. This is dereliction of their equalities and human rights duties
GCC/ PS ignored the rights of Catholics not to be victims of religiously aggravated hate crime
GCC / PS ignored the rights of those they have pro-active duty to protect from being subjected to anti Irish racism
GCC / PS forced through their actions, businesses to close and lose trade
GCC / PS made Glasgow a no-go area for the overwhelming majority of citizens
GCC / PS disturbingly placed the rights of people to be bigots and racists above the human rights of citizens not to be intimidated, abused and forced from their own city centre
If GCC and PS intend to be equalities and human rights-based organisations they must address the anti-Catholic bigotry and anti-Irish racism which they facilitate as the status quo on a cyclical and annual basis.
This will require taking meaningful steps to unpick institutional anti-Catholic bigotry and anti-Irish racism from within each organisations’ decision making, policy and practices. That Catholics or Irish people may work for either organisation is immaterial. Such employees in the provision of their services represent the duty bearer and institution not their religion or ethnicity.
This blog has exposed the incompetence, at best, and complicity, at worst, of GCC and PS in facilitating anti Irish racism and anti-Catholic bigotry in Glasgow.
It has exposed the disdain, disrespect, and aggression they channelled towards CIO, the community and citizen led anti-discrimination campaign.
The blog poses unanswered questions on process, accountability and fundamental issues of democratic power and transparency. These challenges are not going to go away. GCC and PS must respond to citizens and elected councillors on the fundamental issues highlighted herein.
Neither organisation can argue that these events are unforeseen and to do so would be an insult to the intelligence of the city’s citizens.
Both organisations must begin by apologising to the people of Glasgow, to the Catholic community and to the Irish community once again subjected to bigotry and racism on their watch. They must recommit to a transparent equalities and human rights PANEL process in relation to all of their work covering participation, accountability, non-discrimination, equality and legality. This process must include CIO.
The policy of abdication of responsibility and behind closed-door agreements for bigots and racists to be a wee bit less bigoted and racist are over. The people of Glasgow will not accept their rights being arbitrarily ignored any longer.
[1] https://www.dailyrecord.co.uk/news/scottish-news/education-starting-point-want-rid-25040386 [2] https://www.thetimes.co.uk/article/start-with-our-schools-to-tackle-sectarianism-xg0gntm6r [3] https://www.heraldscotland.com/news/17909605.rosemary-goring-want-end-sectarianism-must-abolish-catholic-schools/ [4] NOTE BY SHERIFF S REID ESQ in the Summary Application Under section 64 of the Civic Government (Scotland) Act 1982 at the instance of APPRENTICE BOYS OF DERRY, BRIDGETON Pursuer against GLASGOW CITY COUNCIL – Note 158 Pg. 76 / 77 Available here: https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019scgla80.pdf?sfvrsn=0 [5] Statement from Greater Glasgow Divisional Commander ahead of processions this weekend 17/09/21 – available here: https://bit.ly/3lJGFmq [6] Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) Part 2—Public order etc. Chapter 2—Public processions - [7] https://www.equalityhumanrights.com/en/advice-and-guidance/public-sector-equality-duty [8] Police call for action on sectarianism ahead of Orange walks – BBC News Website 17/09/21 – available here: https://www.bbc.co.uk/news/uk-scotland-58586533 [9] Statement from Greater Glasgow Divisional Commander ahead of processions this weekend 17/09/21 – available here: https://bit.ly/3lJGFmq [10] ARTICLE 10 Freedom of expression - ARTICLE 11 Freedom of assembly and association available here: https://www.echr.coe.int/documents/convention_eng.pdf [11] ARTICLE 10 Freedom of expression - ARTICLE 11 Freedom of assembly and association available here: https://www.echr.coe.int/documents/convention_eng.pdf [12] NOTE BY SHERIFF S REID ESQ in the Summary Application Under section 64 of the Civic Government (Scotland) Act 1982 at the instance of APPRENTICE BOYS OF DERRY, BRIDGETON Pursuer against GLASGOW CITY COUNCIL – Note 64. Page 28 [13] NOTE BY SHERIFF S REID ESQ in the Summary Application Under section 64 of the Civic Government (Scotland) Act 1982 at the instance of APPRENTICE BOYS OF DERRY, BRIDGETON Pursuer against GLASGOW CITY COUNCIL – Note 158 Pg. 76 / 77 Available here: https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019scgla80.pdf?sfvrsn=0 [14] https://www.bbc.co.uk/news/uk-scotland-glasgow-west-44762725 [15] https://www.youtube.com/watch?v=fshpQJYMrME [16] https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019scgla80.pdf?sfvrsn=0 [17] https://twitter.com/GlasgowCC/status/1438118286894436355?s=20 [18] https://twitter.com/GreaterGlasgPol/status/1438170492171587591?s=20 [19] https://www.callitout.org.uk/post/the-council-the-police-and-the-truth-anti-catholic-marches-in-glasgow [20] Chief Superintendent Mark Sutherland email to Call it Out sent on 15/09/21 and available here: https://www.callitout.org.uk/post/the-council-the-police-and-the-truth-anti-catholic-marches-in-glasgow [21] https://www.bbc.co.uk/news/uk-scotland-glasgow-west-51505324 [22] Mairi Miller – GCC - Head of Licensing and Democratic Services – Email to CIO 14/09/21 available here: https://www.callitout.org.uk/post/the-council-the-police-and-the-truth-anti-catholic-marches-in-glasgow [23] [2009] HCJAC 59 Appeal No: XJ230/09 OPINION OF THE COURT delivered by LORD CARLOWAY in the appeal by stated case WILLIAM WALLS Appellant; against THE PROCURATOR FISCAL, KILMARNOCK. Available here: https://www.scotcourts.gov.uk/search-judgments/judgment?id=1c2e86a6-8980-69d2-b500-ff0000d74aa7 [24] Video footage of the Billy Boys – July 2019 https://twitter.com/Call_It_Out_/status/1148230357155811330?s=20 [25] https://www.irishnews.com/news/2015/11/06/news/-billy-boys-link-to-the-ku-klux-klan-316246/ [26] https://twitter.com/Call_It_Out_/status/1148232494204051468?s=20 [27] Sheriff Reid 2019. See Note 1 for case link. [28] https://www.bbc.co.uk/news/uk-scotland-glasgow-west-51505324 [29] https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2019 scgla80.pdf?sfvrsn=0 Sheriff Reid Judgement. Article 9 rights of Catholic churchgoers. “In determining the pursuer’s appeal, this Court must have “particular regard” to the importance of the churchgoers’ Article 9 Convention Rights. An appropriate context in which to have “particular regard” to that important Article 9 Convention Right is when the court is carrying out the balancing exercise under Article 11(2), ECHR, specifically when 41 considering whether the re-routing of the pursuer’s planned procession was proportionate for the purpose of protecting the rights and freedoms of those churchgoers. Having done so, I am fortified in my conclusion that a fair balance was indeed struck between the competing interests and that the defender’s interference with the pursuer’s asserted Convention Right under Article 11, ECHR was justified2. [30] Public Processions in Glasgow - statement by Chief Superintendent Mark Sutherland 18/09/21 – available here: https://bit.ly/2XyWpB3 [31] https://www.heraldscotland.com/news/19594743.police-arrest-14-glasgow-orange-walks/ [32] Council and police say no advice given to re-route Orange parades in Glasgow on Saturday – Glasgow Times 15/09/21 – available here: https://bit.ly/3kqRXMY