Taoiseach Bertie Ahern sought legal advice at the European Council meeting on Britain's protocol because he was "deeply suspicious" of such a document being introduced at the last minute with the statement that it would affect no other member.
Mr Ahern said he wanted to check if it had ramifications for Ireland. He told the Dáil his advice was "that it is unlikely there are circumstances where that protocol would affect Ireland" and he totally supported the charter.
He added that "I am always deeply suspicious of the British legal team, which is a very large team, coming into the meeting in the early hours of the morning presenting a pre-drafted legal protocol and saying that it is only for Britain and it affects nobody else".
Sinn Féin's Dáil leader Caoimhghín Ó Caoláin quipped that "that is a very healthy position for the Taoiseach to take. We have taught him very well."
Concerns were raised internationally and by the trade union movement that Ireland and Poland had both apparently sought to reserve their right to follow Britain after it produced the protocol seeking to opt out of key provisions designed to boost human and civil rights within the new EU "reform treaty".
Labour leader Pat Rabbitte asked during Taoiseach's question time if the protocol affected other member states and why did they not reserve their position.
Mr Ahern said that it was "not a matter of reserving my position. I made it known that I wanted to examine the British protocol, in accordance with my legal advice on the night to see whether that has ramifications in other areas".
He said the "procedure is that if I left it go I would not be able to raise that issue in the IGC (Intergovernmental Conference) in the formal way I wanted to do so. It is no more than that."
The advice was that it did not affect Ireland "but I am not satisfied yet about the other question" which Mr Rabbitte picked up on about the impact on other member states.
