Banned song claim sparks march rights warning for Orange Order

JODY HARRISON

if a band hired by the organisation had supplied the music.

In a 43-second clip posted on Twitter on Sunday, the march is seen passing under a bridge as hundreds of people look on.

A group of people at the end are then heard to repeatedly sing a line from the song.

A spokesman for the council said: “The European Convention on Human Rights enshrines the rights to peaceful assembly and freedom of expression. However, these rights are not absolute.

“They must be balanced by the responsibility to ensure the rights of others are not infringed.

“As with all public processions, there will be a debrief involving Police Scotland, the organiser and the council.

“The council will take into account any issues of public disorder, antisocial behaviour or damage to property resulting from the procession.

“It will also take into consideration any evidenced issues and, if a future procession notification is received from the organiser, the likelihood of any restriction or prohibition may be greater.”

The Famine Song has previously been ruled to be racist by a Scottish court, while fans have been discouraged from singing it at matches at Ibrox.

In 2009 the Scottish Justiciary Appeal Court upheld the conviction of Rangers supporter William Walls after he was found guilty of breach of the peace aggravated by religious and racial prejudice.

Mr Walls led a crowd in a rendition of the song during a match against Kilmarnock the year before, as well as shouting anti-Catholic slogans.

The court said the song was racist and offensive as it encouraged people native to Scotland to leave the country because of their racial origins

However, a legal source said although it was “feasible” prosecutions could arise out of the incident on Saturday, it was unlikely as singing the song in isolation may not in itself constitute a breach of the peace.

Ross Yuill, partner at the Glasgow Law Practice, said: “I have seen prosecutions for signing this song, but they are normally associated with football and covered by the Offensive Behaviour at Football Act.

“It might be considered a breach of the peace, but it is a bit of stretch to say that the incident in the video meets the various tests required. But it’s not impossible.”

Mr McLean said his organisation would assist the police with any inquiry.

He added: “None of our members took part in this.

“The band played the tune but it was the people on the streets who put the words to the tune.

“There is nothing offensive about playing a tune, only when you put the words to it.

“If there is evidence to say who was singing then I am quite sure that the police will deal with that.”

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