Fianna Fáil backbenchers have sought independent legal advice on plans by Minister for Justice Michael McDowell to liberalise the restaurant licensing system.
An ad-hoc committee of backbenchers examining liquor licensing met last week to discuss the issue amid opposition and concern among party backbenchers about Mr McDowell's proposed reforms.
Last month Mr McDowell backed down on plans to create a new cafe-bar licence after a 40-strong group of Fianna Fáil TDs signed an internal party motion against the idea.
He then announced plans to make it easier for premises to obtain full restaurant liquor licences. There is considerable resistance within the parliamentary party to plans to make these more widely available.
Yesterday Fianna Fáil TD Barry Andrews, co-chair of the ad-hoc committee, confirmed the committee had decided to seek outside legal advice.
He rejected suggestions the review was designed to challenge Mr McDowell, and said the group was approaching the issue in a comprehensive manner to make its own proposals. "We're the legislators, we're not elected to rubber-stamp legislation."
He said the committee was seeking advice not just on the restaurant licence issue but on all reforms in the proposed liquor licensing Bill, such as the creation of a new nightclub licence, and new conditions for off-licences.
This is believed to be the first time an internal group of Fianna Fáil backbenchers has sought legal advice on proposed legislation.
Mr Andrews also denied backbenchers were being driven by an agenda in support of publicans. He said the impact of alcohol abuse on society was the primary concern. There was considerable concern among many backbenchers about the link between binge drinking, alcohol abuse and the increased availability of alcohol, he said.
"Our concern is that increasing supply is going to create extra problems," he said. "That's why we're undertaking this review."
The group hopes to have a comprehensive position agreed by the end of September.
The committee is co-chaired by Laois TD and publican John Moloney, who chairs the Oireachtas committee on health.
He said his opposition to the idea was not related to his position as a publican.