Early legal advice has shown that EU concessions to the UK on the application of the Charter of Fundamental Rights will not affect Ireland, Taoiseach Bertie Ahern has said.
The Government has faced warnings from the Irish Congress of Trade Unions that it would not support an EU treaty referendum unless the position of the charter is secure.
During talks last week in Brussels, the UK was given a guarantee that the charter, which requires the EU itself to obey European Court of Human Rights judgments, would not impact on British domestic law.
Faced with the development, Mr Ahern sought time to study the detail of the text offered to the United Kingdom to ensure that it did not cause problems for Ireland.
"The British protocol was introduced at a late stage in the negotiations on Friday night. We have no difficulty with the scope and application of the charter," Mr Ahern told the Dáil yesterday. "I have been through this over seven years and we have no problem with it. Nevertheless, we considered it necessary and prudent to look for an opportunity to study the implications of the protocol. That is all I did on Friday night. I said the British were bringing in a late protocol and I wanted to be able to study what it means."
He said he had immediately asked for legal advice: "The preliminary advice I received, which I appreciate was given late at night, was that this would not create a difficulty for us, but that we would need to examine it closely.
"This applied not only to what the British sought, but to how the European Court of Justice might ultimately interpret the British position. We did not get a formal opt-out," he said.
Instead, he said that he had sought and secured a note in the document produced by EU leaders for the talks beginning next month "where I state that I want to have this issue examined.
"My legal advice since Friday has been exactly the same as it was then. This position must be carefully examined."
He said he had been assured that the British move to seek changes late into the talks which finished at 5am on Saturday will not "remove anything from the charter as it concerns us.
"I am used to the British coming in with these late protocols and I would like to see how it might affect us and other countries in any judgment of the European Court of Justice.
"We will see what the outcome will be, but I understand that it will not create a difficulty for us as of now," he said during lengthy questioning from Opposition leaders. He said that he had no problem with the concession to the UK since he had received one during talks in Seville in 2002 after Ireland rejected the Nice Treaty.
"To do otherwise would be unfair. When I was in a similar position, I got the Seville declaration, which I had to get from my colleagues."
Working on "the assumption" that a referendum will have to take place in Ireland, he expressed doubt that the incoming Portuguese EU presidency will finish drafting the reform treaty by October, as it hopes.
Predicting a Christmas finish, Mr Ahern said: "I wish the Portuguese well on that, but they will start it in the second half of July, so maybe it will be achieved. It seems unduly optimistic."
