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Supreme Court rules against PSNI on flag protests | Supreme Court rules against PSNI on flag protests |
(35 minutes later) | |
A Belfast resident has won an appeal at the Supreme Court that the Police Service of Northern Ireland (PSNI) was wrong to allow union flag protests. | A Belfast resident has won an appeal at the Supreme Court that the Police Service of Northern Ireland (PSNI) was wrong to allow union flag protests. |
There were loyalist protests across Northern Ireland after Belfast City Council ruled in 2012 not to fly the Union flag at the City Hall every day of the year. | There were loyalist protests across Northern Ireland after Belfast City Council ruled in 2012 not to fly the Union flag at the City Hall every day of the year. |
A High Court judge in Belfast ruled in 2014 that the PSNI should not have facilitated illegal parades. | A High Court judge in Belfast ruled in 2014 that the PSNI should not have facilitated illegal parades. |
The ruling was quashed after an appeal. | The ruling was quashed after an appeal. |
However, the Supreme Court, the UK's highest court, unanimously overturned that decision and said that the PSNI "misconstrued their legal powers to stop parades". | However, the Supreme Court, the UK's highest court, unanimously overturned that decision and said that the PSNI "misconstrued their legal powers to stop parades". |
It added that the police had an "inescapable duty to prevent, where possible, what were plainly illegal parades from taking place". | It added that the police had an "inescapable duty to prevent, where possible, what were plainly illegal parades from taking place". |
The PSNI said it had received the judgement and would "study it carefully". | |
"The protracted period of protests, and associated disorder, was a challenging time for everyone in Northern Ireland," the police said. | |
"Throughout the months of the flag protests the overriding concern of police was always the safety of all communities and the protection of life." | |
Legal duty | |
The council's decision on the union flag on 3 December 2012 was the catalyst for a long campaign of street protests, some of which ended in violence. | The council's decision on the union flag on 3 December 2012 was the catalyst for a long campaign of street protests, some of which ended in violence. |
More than 100 PSNI officers were injured and more than 500 people have since been charged or reported in connection with the protests. | More than 100 PSNI officers were injured and more than 500 people have since been charged or reported in connection with the protests. |
The case was taken to the Supreme Court by a resident from Belfast's Short Strand area, who cannot be named to protect his safety. | The case was taken to the Supreme Court by a resident from Belfast's Short Strand area, who cannot be named to protect his safety. |
The flag protests included a weekly parade between east Belfast and Belfast's City Hall, which passed the Short Strand. | The flag protests included a weekly parade between east Belfast and Belfast's City Hall, which passed the Short Strand. |
The resident had claimed that the PSNI had failed in its legal duty to stop the parades. | The resident had claimed that the PSNI had failed in its legal duty to stop the parades. |
The PSNI had argued that it did not have the legal powers to stop the parades, and warned that doing so might have made the situation worse. | The PSNI had argued that it did not have the legal powers to stop the parades, and warned that doing so might have made the situation worse. |
The original claim by the resident was upheld by the High Court who said that the PSNI had not understood the full scope of its powers. | The original claim by the resident was upheld by the High Court who said that the PSNI had not understood the full scope of its powers. |
In its full judgement, the Supreme Court agreed with the High Court and said it was "right to conclude that the police laboured under a misapprehension as to the extent of their powers". | In its full judgement, the Supreme Court agreed with the High Court and said it was "right to conclude that the police laboured under a misapprehension as to the extent of their powers". |
Parades in Northern Ireland are managed by the Parades Commission. The Supreme Court noted that participation in a parade that has not been notified to the commission is a criminal offence. | Parades in Northern Ireland are managed by the Parades Commission. The Supreme Court noted that participation in a parade that has not been notified to the commission is a criminal offence. |
The Supreme Court said: "The police failed to recognise that the integrity of that system depended on the enforcement of the requirement to notify an intention to hold a parade. | The Supreme Court said: "The police failed to recognise that the integrity of that system depended on the enforcement of the requirement to notify an intention to hold a parade. |
"It is the police, not the Parades Commission, who have the responsibility for preventing un-notified parades from taking place." | "It is the police, not the Parades Commission, who have the responsibility for preventing un-notified parades from taking place." |