The Government supports the Charter for Fundamental Rights "unequivocally", Minister of State for European Affairs Dick Roche told the National Forum on Europe yesterday.
He said it was "unfortunate that doubts" had been raised about the Government's position following the EU summit in Brussels late last month.
"It was never intended that that should be the case," Mr Roche said, when pressed to explain Taoiseach Bertie Ahern's response to a last-minute protocol conceded to the British during the talks.
The protocol states that "the charter does not extend the ability of the court of justice, or any court or tribunal of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that the charter reaffirms.
"In particular, and for the avoidance of doubt, nothing in the charter creates justiciable rights applicable to the United Kingdom except in so far as the United Kingdom has provided for such rights in its national law." Rejecting the argument that the Government had sought to "opt out" of the charter, Mr Roche insisted that it merely sought time to check what effect, if any, the British concession could have on the charter.
The charter consolidates fundamental rights offered by the European Convention of Human Rights, as adjudicated by the European Court of Human Rights, though opponents argue that it will interfere with member states' own constitutions.
Though the text of the charter will not appear in the EU reform treaty due to be agreed in talks later this year, Minister of State Roche insisted that its legal standing has in no way been affected.
Fine Gael TD Bernard Allen said the Government needed to make it crystal clear "without any ambiguity" that it intends to adopt the Charter for Fundamental Rights. "Why is the Government examining the legal position?" he asked.
Labour MEP Proinsias De Rossa said it "was extremely unfortunate" that a doubt had grown about the Government's attitude towards the charter. "If any doubt exists then we are starting off on the back foot for canvassing for whatever treaty emerges from the intergovernmental conference," he said.
It was "essential" that the Government defend the charter in the coming negotiations, rather than entering any caveat about it: "It is essential that we are clear about that. Otherwise we will be sinking into soft sand."
Mr Roche said EU leaders have been embroiled in difficult constitutional negotiations for nearly a decade, in one form or another, thus diverting time from dealing with pressing issues. "In truth, the position has been less than edifying. In fact, it has been one of the darker periods in the European Union's evolution," he said.
