The Minister of State for Foreign Affairs, Mr Tom Kitt, has written a strongly-worded letter to the Minister for Justice, Mr McDowell, expressing concern that Ireland may be seen to be uncommitted to the proposed UN Convention on the Rights of People with Disabilities.
Mr Kitt said Ireland may stand accused of blocking EU consensus on the question of a convention.
We could also be seen to be uncommitted to promoting and protecting the human rights of persons with disabilities, he said.
The convention was promoted by Mexico, and supported by Ireland, at the UN General Assembly in 2001.
According to a letter from the president of the European Disability Forum, which has been seen by The Irish Times, a common EU position has been strongly opposed at European level by the Irish Department of Justice, Equality and Law Reform.
Justice is the Department responsible for drafting Irish equality law, and is at the moment engaged in drafting a new Disability Bill, which is expected to be published in May or June.
The last Disability Bill was withdrawn following intense opposition from organisations working in the field, as it did not incorporate a rights-based approach to people with disabilities.
It is understood Mr McDowell is concerned that, under the proposed UN convention, the economic and social rights of people with disabilities would become eligible to be adjudicated upon by the courts, with consequent implications for the Exchequer.
Asked about Ireland's position on the proposed UN convention, the Minister of State for Justice, Equality and Law Reform, Mr Willie O'Dea, said: "It has been decided that this matter is of such importance that it is going to the Cabinet for a decision."
Following the withdrawal of Ireland's support for a common EU position on the convention, it is now being promoted within the EU by Sweden, according to Mr Kitt's letter.
The letter continues: "Our EU partners have expressed disappointment with Ireland's position in regard to the question of a convention and on some positions that we have taken in negotiations on issues that could be included in any new international instrument.
"Ireland is now alone in the EU in not expressing support for the concept of a convention.
"The disappointment at Ireland's position has been communicated to me by the Mexican ambassador to Ireland."
Ms Angela Kearns, chairwoman of the National Disability Authority, confirmed she had written to the three Ministers expressing her concerns.