Border poll arrangements to be challenged in Belfast and Dublin courts

Raymond McCord was already challenging the British government’s alleged failure to implement a policy for going to the public on the constitutional issue.

But he has now obtained leave from the High Court in Dublin to proceed with a case against the Irish administration, according to his solicitor.

With hearings now set to take place in both jurisdictions next year, Mr McCord said: “I’m delighted, history is being created.

“This isn’t about me, this is about removing the fear factor of a border poll being abused by politicians pitting one side against the other for political gain on the whole island of Ireland.”

The case against the secretary of state for Northern Ireland questions the legality and transparency of current provisions for holding a border poll.

Under the 1998 Good Friday Agrement a referendum can be called if it appears to the secretary of state that a majority of people in Nothern Ireland no longer want to remain part of the United Kingdom.

Mr McCord, a staunch unionist and outspoken critic of loyalist paramilitaries since a UVF gang beat his son Raymond Jnr to death in 1997, is not seeking a border poll.

But the Belfast man believes authority for calling such a significant ballot should not rest with one individual.

He also claims the current criteria is too vague, undermines the Good Friday Agreement and could leave the decision open to political expediency.

Mr McCord travelled to Dublin with his legal team to seek leave to mount a similar challenge against the Irish government, taoiseach, minister for foreign affairs and attorney general.

His lawyers argued that as a co-guarantor of the Good Friday Agreement, the Irish administration must also have a policy on the border poll issue.

Solicitor Ciaran O’Hare confirmed leave to continue with their case was granted.

“Given what has happened with Brexit, there’s never been a more relevant time for this to be clarified,” Mr O’Hare said.

“The court has accepted that there is a case to answer, and we can now proceed to a full hearing.”

His client expressed delight at the outcome, but insisted the issue should have been resolved a long time ago.

“I’m not saying that I want a border poll, I just want clarity,” Mr McCord added.