The Government has reserved the right to require work permits from citizens of the accession countries after they have joined the European Union, depending on conditions in the Irish labour market at the time.
After all the controversy over the immigration issue, which has dominated debate on the Nice Treaty for several months, it has now emerged that the Government has the option to restrict access for workers from accession countries after EU enlargement. At present, workers from non-EU countries require work permits in Ireland, while those from EU member-states do not.
The Taoiseach, Mr Ahern, told the Dáil on September 10th, during the latest Nice debate, that there was "no evidence" there would be a problem with free movement of workers on accession. But he added: "Ireland, like every other member-state, retains the freedom to take measures to protect the labour market."
He pointed to an agreement reached between the EU states and the accession countries in June last year, that member-states would continue to apply their own national policies on free movement of workers for a minimum of two and a maximum of seven years.
"In Ireland, our policy will, of course, be determined by conditions in the domestic labour market," Mr Ahern said.
There was no such caveat in a letter last March from the Minister for Foreign Affairs to his party colleague, Mr Tom Kitt. Mr Cowen wrote: "Ireland took the decision to allow the citizens of new EU member-states full and free access to live and work here from the first day of accession."
Adding that Denmark, the Netherlands and Sweden had taken a similar stance, he pointed out that the other 11 member-states had reserved the right to restrict access for up to seven years. There was no indication or inference in the letter that work permits might still be required in Ireland.
In an earlier letter, written to the Lithuanian Minister for Foreign Affairs on June 21st, 2001, the Minister noted the "compromise position" reached by the EU states. He continued that Ireland would "be content" to apply "free movement of persons" from the date of accession. "I would hope, in effect, that we will be able to do so under the EU Common Position, as it has emerged."
A similar letter was sent to all the candidate countries. The Minister said yesterday it was "an offer of political support" to them in negotiations to secure freedom of movement for their citizens.
"Whatever I am obliged to honour, I will honour. I offered them political support during the negotiations. I am obliged to honour the acquis ," he said. (The acquis is the entire body of EU law, including the right of free movement of workers.)
"The letter was written in advance of the conclusion of the negotiations and the agreement of the common position. We are obliged to operate national regulations for the first two years after enlargement," he went on.
The Polish Ambassador to Ireland, Mr Witold Sobkow, said Poland had understood that the Cowen letter had meant that Polish workers would not need such documentation post-enlargement.
Speaking to The Irish Times yesterday, he said: "The letter that was sent was unequivocal and without reservation. There have been some rumours, but I have not heard anything officially about any change in the Irish position.
"I don't think that they would need work permits. I would not say so. The letter stated that Ireland would open its markets on the day that accession takes place," he declared.
The Minister of State for European Affairs, Mr Dick Roche, said this week that, "Ireland will be in precisely the same position as all other member-states on the question of free movement following any enlargement of the Community."
Mr Justin Barrett, of the No to Nice Campaign, said the Government should be "straightforward" and say whether the policy had changed. "They have accused the No to Nice Campaign and the National Platform of a sinister and xenophobic campaign for stating what is now apparently Government policy. Under such circumstances, we believe the Taoiseach and Minister Roche owe myself personally and Anthony Coughlan an apology for the personalised abuse that they have given us over the past few weeks," he said.