The EU: Ireland may take legal action against the EU if new rules proposed by the commission threaten its ability to force telephone firms to store telephone records for three years.
At a meeting of EU justice ministers yesterday, the Minister for Justice, Michael McDowell, said he believed the commission had no legal power to legislate on the issue of data retention. He said this remained the preserve of EU member states and that Ireland would consider legal action if new EU rules threatened its data retention law.
Under new rules introduced by Mr McDowell this year, firms must retain telephone call data for three years to help the Garda in criminal and terrorist investigations.
However, the European Commission is seeking to adopt a common approach to data retention in an effort to enhance cross-border co-operation in the "war against terror".
It recently published a draft directive proposing to set a one-year timeframe for storing telephone data rather than the three years already in force in the Republic.
EU justice ministers yesterday agreed to try to enforce the proposed directive from the commission if the European Parliament fast-tracked its implementation.
However, they will pursue a framework decision at a council meeting in December on the issue if no agreement can be obtained from the parliament.
"It's a case of keeping two footballs on the field," said Mr McDowell, who staunchly opposes the right of the commission to intervene on an issue of national security.
There is disagreement between certain member states and the EU institutions over whether the commission or the council should legislate on the issue.
The European Parliament has already rejected a proposal from Ireland for a framework decision taken by the council on the matter. It has also threatened to take legal action if it is not involved in any new EU-wide regulation on data retention.