The Council of the European Union (the 15 governments) and the European Parliament are thus potentially on a collision course over the issue. As the measure is subject to the co-decision procedure, whereby the Council and the European Parliament has to agree the final text, if the parliament holds to its position then the process moves into the stage where a "Conciliation Committee" is set up to reach agreement.

However, the next stage is the crucial vote in the European Parliament on 29 May where a majority of MEPs, 314 out of 626, have to back the parliament's 2nd reading position. If the position adopted in November and confirmed in April this year does not get the backing of the majority of MEPs then the Council's position will carry the day. The vote has been moved from the plenary session on 15 May to the mini-plenary in Brussels on 29 May.

The Brussels "spin machine" will be hard at work trying to re-assure MEPs that the Council's proposal is not binding on EU member states and that it will be up to each governement (and parliament) to decide how to respond. However, this position is completly exposed by the revelation that EU governments are planning to adopt a Framework Decision which will bind all members states to introduce the retention of data.