Hain wins legal battle over Parades Commission appointments

Northern Ireland Secretary of State, Peter Hain has today won his legal battle over the appointment of two Orangemen to the Parades Commission.

The Court of Appeal today overturned the decision to quash David Burrows` membership of the Parades Commission after last months High Court judicial review, which ruled that his appointment was "unlawful."

Today's hearing was in relation to Mr Burrows and fellow Portadown Orangeman Don McKay, being given places on the Parades Commission.

The Commission was set up in 1997 to rule on whether contentious marches should take place in the province.

However, Mr McKay has since resigned from the Commission due to a row over his references.

The men's membership was contested by nationalist residents from the Garvaghy Road area of Portadown, who felt that the Orangemen would not be able to provide an impartial ruling on controversial marches.

Peter Hain chose the seven members of the Parades Commission by writing to the main political parties, the four main churches and the Orange Order in a bid to seek applicants for post on the board, however he did not include any community residents groups.

After some debate, three Appeal Court judges today found that the Secretary of State was not obliged to achieve a balance between individual members of the body.

One of the judges today said that the officials responsible for advertising the post of commissioner and soliciting applications for appointment were not under an obligation to consider whether to target residents groups as a counterbalance to the letter sent to the loyal orders.

He added that this was the single reason why the previous judge had found Peter Hain's decision to be invalid.

(EF/SP)