The Government's plan to prevent social welfare access to immigrants from States joining the EU in May could be illegal, Sinn Féin claimed today.
Mr Aengus Ó Snodaigh, the party's spokesperson on justice, equality and human rights, said the plan to discriminate against people from the ten countries would "sour the atmosphere" of enlargement and may be contrary to Article 21 of the EU Charter of Fundamental Rights.
"It goes totally against the idea of a Europe of equals," Mr O Snodaigh said.
The Minster for Community and Family Affairs, Mary Coughlan
An article on the EU ObserverWebsite quotes a European Commission spokesperson expressing concern about the Irish plan and similar to measures the British intend to take.
"We are looking into the situation. We will have to verify if all these measures are compatible with EU law and whether it represents a trend we will have to look into", the spokesperson is quoted saying.
Other EU states are restricting entry from accession countries for up to seven years - Ireland or Britain are the only countries who will not prevent access. But the Minster for Community and Family Affairs, Ms Coughlan, yesterday announced her intention to curb social welfare rights for two years for immigrants from the accession states.
Immigrants may also be forced to leave the State if they do not find work under the plan.
"I will not allow our social welfare system to become overburdened and I will be taking the precaution of ring fencing that system of social protection," Ms Coughlan said.
Mr O Snodaigh said the plan was a "betrayal" of the hopes of accession state citizens, and a "politically opportunist U-turn" on what the Government said during the second Nice Treaty referendum.
"At that time the Government rightly argued that we would not be swamped by migrants following enlargement ... Now, in a pre-election period, the Government is pandering to an accelerating, unfounded xenophobic panic about so-called benefit tourism being whipped up to gain votes and sell news," the Dublin South-Central TD said.
Ms Coughlan's proposals are due within days.