The State may be exposed to a series of legal cases by health service staff if, as the Taoiseach warned, the terms of the working time directive are not implemented in Irish hospitals.
Mr Fintan Hourihan, industrial relations officer with the Irish Medical Organisation (IMO), said: "Our clear understanding is that there is recourse for individuals to take a case to the European Court of Justice if there is a breach or a failure to implement European Directives."
He also called on the Government to publish the an briefing document on the directive produced for an informal Council of Employment Ministers meeting last week in Brussels.
Mr Hourihan said he was calling on the Government to clarify its position on the directive and publish the document.
Under the terms of the directive the working week for junior doctors must be reduced from the current average of 77 hours to 58 hours by August 1st. Failure to comply with the directive exposes hospitals and the State to large fines.
Last weekend the Taoiseach, Mr Ahern, conceded it will be "almost impossible" for the State to implement the terms of the directive.
According to Mr Hourihan this was the first indication from the Government that it may not meet the deadline. "What we want to know is that up to now the Government has always said that it intends to work towards that deadline there's been every indication of the contrary so we want to know are they looking for a renegotiation of the directive [or] are they looking for an opt out? "
Mr David Hanly who produced a report proposing a radical restructuring of the medical service by reducing the hours worked by junior doctors and doubling the number of consultants, has also admitted the terms of the directive would not be met in many smaller hospitals.
Mr Hourihan said a third meeting on the renegotiation of junior doctors' contracts will be held next Monday. Attending that meeting will be the IMO, the Health Service Employers Agency, employers group IBEC, officials from the Department of Health and health board representatives.