Disorderly Assemblies
The Public (Northern Ireland) Order 1987 deals with processions, open-air meetings, and matters concerning public order. If a senior police officer, having regard to the time, place, and circumstances in which any open-air public meeting is being held or intended to be held, reasonably believes that it may result in serious public disorder, serious damage to property, or serious disruption to the life of the community; or if the purpose of the person organizing it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do, he may give directions imposing such conditions on the persons organizing or taking part in the meeting as to the place at which the meeting may be or continue to be held, its maximum duration, and the maximum number of persons, as appear necessary to prevent such disorder, damage, disruption, or intimidation.
Directions must be given in writing by a senior officer not below a certain level. Knowingly failing to comply with a condition imposed is an offence. It is a defence to prove that the failure arose from circumstances beyond the person’s control. A person guilty of an offence is liable on summary conviction to imprisonment not exceeding six months or imprisonment at level 5. The provision does not apply to a protest meeting under the Public Processions (Northern Ireland) Act 1998.
If the Department of Justice is of the opinion, in consequence of information furnished by the Chief Constable or for any other reason, that the exercise of the powers above will not be sufficient to prevent disorder, damage, disruption, or intimidation; or that the holding in the area or place of an open-air public meeting is likely to cause serious public disorder; serious disruption to the life of the community; or undue demands on the police, the Department of Justice may make an order prohibiting the holding in that area or place of an open-air public meeting specified; prohibiting, for such a period not exceeding 28 days, the holding in that area or place of any open-air public meeting or such class or description as may be so specified; and prohibiting, for such a period not exceeding 28 days, the holding in that area or place of any open-air public meetings.
The Secretary of State may exercise similar powers if they are of the opinion that the holding in any area or place of an open-air public meeting is likely to cause undue demands to be placed on the military forces, make equivalent orders. Orders made by the Department of Justice or a Secretary of State may exempt open-air meetings of any class or description specified.
The Chief Constable may delegate, subject to such conditions as may be specified functions above to a member of the PSNI not below the rank of Assistant Chief Constable. It is an offence to organize an open-air public meeting prohibited by the order; or to take part in the open-air public meeting, the holding of which he knows to be prohibited. A person guilty of an offence liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both.
A person who at a public meeting acts in a disorderly manner for the purpose of preventing the transaction of the business of the meeting is guilty of an offence. This does not apply to a protest meeting within the meaning of the Public Processions (Northern Ireland) Act 1998.
The Secretary of State may make regulations regarding the flying of flags in government buildings and courthouses. Government buildings are those wholly and mainly occupied by members of the Northern Ireland Civil Service. A draft of the regulations is to be placed before the Assembly. The Assembly is to specify its views on the regulations in a report. The Secretary of State is to take into account the report.
In exercising their powers, the Secretary of State shall have regard to the Belfast Agreement.