A major row is looming between Dublin and the Ulster Unionists over the management of North-South relations during the suspension of the Northern Assembly.
Senior unionist politicians have told The Irish Times that new Irish legislation represents a "unilateral" amendment of the Belfast Agreement, appears to "bypass the principle of consent" and could have serious implications for the UUP's approach to the operation of the North-South Ministerial Council if and when devolution is restored.
The immediate focus of unionist anger is the British Irish Agreement (Amendment) Bill 2002, introduced by the Taoiseach, Mr Ahern, in the Dáil two weeks ago. This legislation allows for decisions of the council in relation to the North-South bodies to be taken by the Irish and British governments pending the restoration of the Stormont Assembly.
Unionists say provision for Dublin and London to take decisions in respect of the "policies or actions" of the cross-Border implementation bodies goes significantly beyond consultative arrangements for the "care and maintenance" of existing projects they thought previously agreed with both governments.
The suspicion is of a Dublin push to have the role of devolved ministers assumed by their direct-rule replacements in an effort to ensure the continued functioning and development of the ministerial council if the suspension of devolution proves protracted.
The Ulster Unionist leader, Mr David Trimble, raised his concerns with the British Prime Minister, Mr Tony Blair, at 10 Downing Street last week. The issue now seems certain to top the agenda in talks between the Minister for Foreign Affairs, Mr Cowen, and the former Stormont Enterprise minister, Sir Reg Empey, planned for Dublin later this week.
The existence of the new protocol between the two governments was apparently only confirmed with the production of the Irish Bill complete with an annexe disclosing the relevant correspondence between Mr Cowen and the British ambassador to Ireland, Sir Ivor Roberts.
At the core of a complex dispute is the unionist understanding, apparently confirmed by the Northern Secretary, Mr Paul Murphy, that the North-South Ministerial Council stands suspended alongside the Assembly. However, introducing the legislation on November 26th, the Taoiseach stressed that while Stormont was suspended, the Belfast Agreement was not.