Orange Order walks at risk following new legal advice

Costs likely to increase over traffic management

Street marches, including those organised by the Orange Order, could be cancelled due to fresh legal advice that is likely to increase the cost of parades.

In the past, road closures for Orange marches and other religious, political or cultural parades have been arranged informally by officers and the local council when necessary.

However, Police Scotland has now been informed that it lacks the power to divert or hold up traffic without a court order, unless responding to an emergency.

Adheringtosuchlegaladvice will inevitably raise costs for councils according to a paper to be presented at the Scottish Police Authority (SPA).

The increased cost will be passed on to event organisers meaning that events such as Orange marches may be unable to go ahead, or may be reduced significantly.

Smaller events face a greater risk of being unable to go ahead due to the increased costs.

The SPA paper warns that “adopting a robust stance in relation to counsel opinion may result in local communi- ty events being affected due to them being less viable”.

SPA assistant chief constable Bernard Higgins stated that the new legal advice would come into order from April.

He said: “Counsel’s opinion is that police officers have no power to close roads or restrict traffic flow at pre-planned events.

“If a roads authority believe restrictions are required, a Temporary Traffic Regulation Order (TTRO) should be obtained.”

Such orders have rarely been required in the past. But in future, without such an order, police will have limited powers and will only be able to close roads in “extraordinary circumstances”, or if there is an emergency or “immediate risk to the safety of the public”.

Seeking such orders could be costly, with cash-strapped councils likely pass the expense on.

The report also recommended that Police Scotland seek legal clarification about the force’s involvement when marches or parades require road closures and that officers could not continue to act without lawful authority.

Mr Higgins is expected to urge the SPA to take a “robust stance” in implementing the legal advice at a briefing next Tuesday and warn that failure to do so would “risk compromising event commanders and individual officers”.