Stonehaven Orange walk banned as appeal rejected in court

A judge has backed a decision made by Aberdeenshire Council to not let the controversial procession go ahead.

By Graham Fleming & David McPhee

March 15 2024, 5:00 pm

The Stonehaven Orange walk will not go ahead

An Orange walk will not go ahead in Stonehaven tomorrow.

Aberdeenshire Council’s decision to ban the controversial parade was backed by a judge during an appeal hearing at Aberdeen’s Sheriff Court this afternoon.

More than 200 members of the Orange Order planned to march from Stonehaven Town Hall to Dunnottar Church to celebrate the opening of a new lodge in the town.

Members of the Orange Order at the council meeting earlier this month. Image: by Scott Baxter/ DC Thomson

The news was met with backlash from the local community. More than 10,000 people signed a petition pleading to “put the peace, unity and welfare of our community first”.

The Kincardine and Mearns area committee unanimously voted to block the parade during a tense meeting on March 5.

Local councillors said the proposal from the controversial group would put undue strain on police, and they could not ignore the “anxiety” felt by local businesses and the wider community.

The Grand Orange Lodge of Scotland then decided to appeal the decision in court.

Order insisted the ban should be overturned

In court today, Greg Saunders – advocate for The Grand Orange Lodge of Scotland – stated that he believed there to be “bias” within the “constitution of the committee in comprising local councillors,” adding: “The decree should be granted.”

Mr Saunders said: “The appellants wish to hold a procession in Stonehaven to mark the opening of a new orange lodge in Stonehaven. It will be one of very few processions that will have occurred in the north-east of Scotland in recent years.

“We can say that it’s intended to be a short procession – about 30 minutes. This is relevant in relation to the disruption and inconvenience caused. It is a short procession.

“Police Scotland have a voice in these proceedings. They have no objections and are ready to police this match tomorrow.

“I appreciate that the appetite for an orange march in Stonehaven is not universal.

“I am inviting your lordship to reverse this decision.”

Prominent members of the Orange Order William Henry and David Walters outside court earlier today

He said that because some people do not like what is proposed tomorrow “does not mean it should be banned”.

He added: “Not everyone likes the Orange Order – that’s not the point. People in this country don’t like a lot of things but if the rule of the mob is going to prevail and you just refuse the procession, that’s a very dangerous and slippery slope.”

Michael Upton, advocate for Aberdeenshire Council, described the order’s application to have the ban overturned as having “a gaping hole” in the middle of it.

In response to Mr Saunders describing the the council’s decision as “inadequate, unbalanced and lacking transparency”, Mr Upton said the order can “not like the decision, not like the reasons for the decision, but they cannot argue with its transparency”.

‘My decision is final’

Giving his decision, Sheriff Ian Millar said: “My decision has to be given in a very short time and I do recognise that my decision is effectively final.

“I feel that the major premise in this case is missing… and accordingly I have to refused the appeal.

“That is my decision.”

Sheriff Millar also stated that he was awarding “expenses in process”, meaning the Orange Order would be required to pay Aberdeenshire Council’s legal expenses in this case.

Orange Order still coming to town

Despite the ban on the walk, the Orange Order will continue to open a branch in Stonehaven.

Dunnottar Martyrs Memorial LOL 1685. meetings will be held at the Town Hall.

Stonehaven Town Hall will be the home of Stonehaven Orange Lodge. — Stonehaven Town Hall will host the Orange Lodge. Image: DC Thomson.

The Grand Orange Lodge of Scotland previously described the council’s decision to block the march as being “anti-Protestantism” and the “demonisation of our Protestant culture”.

Following the decision today, the order said they would be “urgently” discussing with its legal team the “possibility and practicality” of mounting a further legal challenge “which we regard as being totally subservice of the religious, civil and political liberties guaranteed to us in the Human Rights (Scotland) Act 1998”.

A statement said: “Our parades do not pose any issue or threat whatsoever to anyone, and in no way are they intended to be contentious, but somehow, they appear to be for those who desire to go out their way to be offended.”