The Minister for Transport has asked the Attorney General for his view on Labour Party claims that the fingerprinting and photographing of transatlantic passengers in Ireland by US officials may have no legal basis.
A spokesman for Mr Cullen said yesterday he had asked Mr Rory Brady about the matter this week. The Minister was awaiting his response and was "aware of what has been highlighted".
There appears to be considerable uncertainty in Government as to whether the new practice of fingerprinting and photographing US-bound travellers in Irish airports is legal.
Asked about this in the Dáil, the Tánaiste, Ms Harney, said: "I do not know whether there is authority. I do not have legal expertise in the area."
The Labour Party leader, Mr Pat Rabbitte, raised the issue in the Dáil this week. Yesterday the party's transport spokeswoman, Ms Roisín Shortall, said Irish law allowed US immigration staff to question and search passengers seeking to travel to the US.
This is permitted by the Air Navigation and Transport (Preinspection) Act, passed in 1986, to allow the US Immigration and Naturalisation Service (INS) "preinspect" travellers here rather than put them through the immigration process in the US.
However, neither the Act nor the agreement of 1986 referred to requirements to submit to fingerprinting or to being photographed.
Ms Shortall said it was essential that the Government clarified the legal status of the demands being made on Irish citizens at Irish airports by representatives of the US Government.