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section 8 of the Public Processions (Northern Ireland) Act 1998 to place restrictions on the parade.

13.

In pursuing these conditions, the Commission pursues the legitimate aims laid down in Article 10(2) and 11(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, of seeking to prevent disorder and to protect the rights and freedoms of others. In this respect, the Commission has carefully weighed all representations and information received, including the views and advice of local police.

14.

In determining whether the conditions are necessary in a democratic society and proportionate, the Commission has regard inter alia to the criteria set down in section 8(6) of the Public Processions (Northern Ireland) Act 1998 and to its own Guidelines made under section 5 of the Act and to which under section 8 (5) it shall have regard when making a determination. The Commission genuinely believes that the restrictions, which it proposes, are the most appropriate in all the circumstances.

15.

Having regard to the factors set out above the Commission considers that the conditions it now imposes are necessary and proportionate to the aim pursued. The Commission believes that the conditions it imposes strike a fair balance between the needs of the community and the rights of the individual.

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