Serious differences have emerged between the Minister for Justice and the Minister for Foreign Affairs over the incorporation of the European Convention of Human Rights (ECHR) into Irish Law.
It has been learned that Mr O'Donoghue and Mr Cowen are divided over whether key human rights issues be enshrined in the overdue legislation.
A Government memorandum released to Labour TD Mr Michael D. Higgins under the Freedom of Information Act reveals that Mr O'Donoghue is against including the fourth and seventh protocols of the ECHR, while Mr Cowen wants them included.
These protocols recognise equal rights of spouses in relation to family law; the right not to be imprisoned because of the inability to pay a debt; the right to travel; the right to appeal a criminal conviction; and limited rights for some non-nationals.
Article 3 of Protocol 4 bans the collective expulsion of aliens.
Under the Belfast Agreement, the British and Irish governments undertook to examine the incorporation of the ECHR into law. Britain enacted its legislation on October 2nd and it excludes the fourth and seventh protocols.
A May memo to the Government from the Department of Justice was released to Mr Higgins, the Labour Party foreign affairs spokesman, last week.
In the memo, the Department states that "further consideration" needs to be given to the questioning of incorporation of the fourth and seventh protocols.
"The Department of Foreign Affairs has suggested that they should, but the Minister [for Justice] would prefer to defer a decision in the matter, mainly because both instruments are concerned, inter alia, with immigration issues."
The memo adds: "It may be noted in passing that neither of these protocols formed part of the UK legislation."
Last night, Mr Higgins condemned the attempt by Mr O'Donoghue to cut back the scope of the proposed human rights legislation. "I urge the Government to think again and ensure that we have a comprehensive human rights law which aspires to the highest standards in Europe."
He said the fact that Mr O'Donoghue would use immigration as a reason against the implementation of basic human rights was "totally unacceptable and sinister".
The legislation incorporating the ECHR is due to be published in the next month.