The European Union could agree to introduce a European arrest warrant without Ireland if the Government does not drop objections to elements of the plan. EU justice ministers are due to agree the terms of the warrant, a key element in the EU's anti-terrorism measures, when they meet in Brussels today.
Diplomatic sources said that at a meeting of EU ambassadors yesterday, a senior EU official told Ireland's representative that the 14 other member-states would consider using "enhanced co-operation" to introduce the measure. This would mean that, like the Schengen agreement that has eliminated border controls between some states, it would not apply to the Republic.
The Government argues that, under current proposals, the arrest warrant would apply to too many offences, some of which do not have a common definition throughout the EU. This could mean that suspects would have to be extradited for offences that are not crimes in Ireland, a breach of the principle of dual criminality.
The Government is also concerned about a proposal to make automatic the extradition of persons wanted for questioning who have not yet been charged with any offence. Civil rights lawyers complain that this "investigative detention" is equivalent to internment without trial.
Other member-states have objections to elements of the proposals. Italy, for example, is concerned that corruption should not be included in the list of offences - an objection some observers link to allegations of financial irregularity facing Italy's Prime Minister, Mr Silvio Berlusconi.
Other countries, such as France and Spain, disagree on which organisations should be listed as targets for financial investigation and asset freezing.
Ireland's difficulties with the proposals appear to be the most fundamental, and the Minister for Justice, Mr O'Donoghue, faces a formidable task in reconciling these objections with the Government's professed desire to play its full part in the international fight against terrorism.
To be excluded from the measures would be a considerable embarrassment to the Government, which is increasingly seen in Brussels as unco-operative.
