Loyalist Jamie Bryson has launched a High Court challenge with claims that powers used to ban hooligans from soccer matches in Northern Ireland are unlawfully out of date.
Mr Bryson said he was granted leave to seek a judicial review against the Department of Justice for allegedly failing to update legislation regulating conduct at Irish Premiership and Championship stadiums.
The case is expected to advance to a further hearing at the High Court in Belfast after the Easter break.
Football banning orders were introduced by Stormont under the terms of the Justice Act 2011.
The legislation aimed at promoting good behaviour among fans at sporting events prohibited possession of flares or fireworks, offensive chanting, missile throwing, unauthorised pitch incursions or alcohol on hired buses en route to regulated matches.
Introduced in 2012, the provisions applied to IFA (Irish Football Association) Premiership and Championship divisions.
But according to Mr Bryson, the legislation was not updated after both competitions were abolished and replaced by a completely new entity, the Northern Ireland Football League, in 2013.
“It is plain therefore that paragraph 3 of Schedule 3 to the 2011 Act no longer applies, for the simple reason that the IFA Premiership and Championship no longer exists,” he submitted.
Representing himself in the case, he mounted an emergency challenge to the legality of the current powers for dealing with conduct at football matches.
He set out how he regularly goes to games in both divisions and claimed the legislation is not meeting the objectives.
“It does not appear NIFL Premiership and Championship games are regulated, given an oversight by the Department for Justice,” Mr Bryson contended.
“This raises at best uncertainty in the law, and at worst removes the legal protections aimed at making football safer for all those attending, particularly those with young children.”
The current situation represents an error of law, the court was told.
Despite the legal challenge, justice minister Naomi Long has insisted the authorities can still legally issue football banning orders.
In a statement to the press she indicated the legal advice is that regulations for controlling behaviour at grounds remain effective.
But speaking after the hearing, Mr Bryson claimed: “This has widespread ramifications for regulated local matches under the auspices of the Northern Ireland Football League.”