Prime Minister Tony Blair's Labour Party has been given until November to prevent a discrimination row with its Northern Ireland members from going to court, it emerged today.
Belfast trades unionist Andy McGivern revealed November 7th and 8th has been set in the County Court in London as the date for his race discrimination case against the Labour leadership.
Mr McGivern, who in 2003 forced the party to lift a 79 year ban on people in Northern Ireland from becoming members, has claimed Labour's refusal to allow its members in Northern Ireland to form constituency associations is discriminatory.
However the GMB trade unionist was at pains to stress today as a Labour member and long time supporter he was reluctant to have to take the party to court. "I am doing this with a heavy heart because at the end of the day I have always stressed that Labour was the party I wanted to join and it is a party I wanted to play a full part in," he said.
"However the membership granted to people in Northern Ireland in 2003 is second class. Unlike our counterparts in England, Scotland and Wales, we cannot form constituency parties, even though there is a clear demand in the province for us to be allowed to do so.
"That means we are unable to play a full part in the life of the party. We don't have constituency parties which can send delegates to party conferences or policy forums unlike our colleagues in Scotland, England and Wales.
"Even members overseas can send delegates. Our best hope of attending is as trade union delegates and even then, you are bound by your union's policy which may not always reflect how members in your constituency feel."
Labour's about-turn on Northern Ireland members at the 2003 party conference avoided a race discrimination case also taken by Mr McGivern being heard in court. More than 100 people in Northern Ireland have since joined.
However Labour's national executive has turned down at least two applications from members in the province to set up constituency parties. In January, Labour confirmed it would contest Mr McGivern's latest discrimination case. The trades unionist today hoped the dispute could be resolved without going to court.
"I am quite prepared right up to the date when we could end up in court to talk to the Labour Party to see if we can resolve this matter," he said. "But at the end of the day, the bottom line is we in Northern Ireland need to be treated exactly the same way as other members in the UK and I am not prepared to move from that."
Mr McGivern's case has been backed by a number of Labour MPs including Northern Ireland-born Kate Hoey and Andrew MacKinlay. It is also supported by his trade union, the GMB.