The Government wants Irish soldiers to join the European Union's proposed rapid reaction battle groups despite its promise not to join any military force not approved by the United Nations.
On Sunday, the Minister for Defence, Mr O'Dea, said Irish participation in the battle groups had been ruled out for the foreseeable future because of legal and constitutional difficulties.
Last night, however, the Department of Defence said the Minister intended to brief the Cabinet "later this year" about the options available to get over the hurdles.
"We want to be in a position to be able to participate. The battle groups are still being devised. They aren't yet in place," an official close to the Minister said.
"It could be that we could be accommodated without having to change legislation.We have to find out the final positions of other countries. Some other countries have issues too."
The Minister could propose changes to the 1960 Defence (Amendment) Act, which authorised the despatch of Defence Force contingents for service with UN detachments, the official said.
Before the second Nice Treaty referendum, the Government said Irish soldiers would not join any international military force unless the UN, the Oireachtas and the Government approved - the so-called "triple-lock".
Last November, EU defence ministers decided to establish 13 battle groups, each 1,500-strong, that would be deployable within 15 days for crisis management around the world without using NATO structures.
The first battle group is to be set up later this year, while 11 of them should be ready by 2007. Ireland had shown interest in co-operating with the Finns and Swedes. Currently, Ireland cannot join the battle groups because the UN would not be able to sanction them before they went into action, the Minister for Defence said on Sunday.
Since Ireland lacks the resources to form a battle group, it will be necessary to co-operate with other states, preferably neutral countries like Sweden or Finland.
However, Finnish or Swedish soldiers could not come to Ireland to take part in armed exercise because the Constitution states that there can only be one army in the State.
Article 15.6 of Bunreacht na hÉireann states that only the Oireachtas can raise or maintain a military or armed force, though there are differing views within the Government about whether this applies to invited military forces.
Meanwhile Fine Gael defence spokesman Mr Billy Timmins urged the Government to produce legislation quickly to ensure the Defence Forces can join the battle groups immediately.
"Ireland has been closely involved in the formation of EU battle groups from the start, so for Minister O'Dea to suddenly start backing off due to last-minute nerves is diplomatically unwise.
"If new legislation is necessary, then the Minister must immediately set about drafting it," Mr Timmins said. The Minister appears to be making one excuse after another to rule out Irish involvement, he added.
"In 2001 I asked former defence minister Michael Smith in the Dáil whether legislation would be required for Irish troops to train on foreign soil. He told me that 'if legislation is necessary we will introduce it'.
"I would like Minister O'Dea to explain just what has changed since his predecessor made those remarks, and whether he has any plans to amend or draft legislation," said Mr Timmins.
The UN would not be able to approve battle group missions quickly enough. "As Fine Gael has argued consistently, this is why the triple lock must be removed."
