Graham Dwyer can move ahead with his appeal against his conviction for the murder of Elaine O'Hara in 2012 after the State consented to a dismissal of its appeal against a mobile phone data ruling in his favour.

It follows Dwyer's victory in the Court of Justice of the EU (CJEU), which confirmed that Ireland's system of retaining and accessing mobile phone metadata breached EU law.

Such data formed an important part of the prosecution case against Dwyer and he had challenged the legislation allowing it to be retained and accessed.

The High Court found in his favour and this was appealed by the State to the Supreme Court, which referred certain issues to the CJEU.

The CJEU also ruled in favour of Dwyer.

This morning the Supreme Court was told that in light of the decision of the CJEU, the State was consenting to the dismissal of its appeal.

The issue is likely to form a major part of Dwyer's appeal against his conviction in 2015 for the murder of Elaine O'Hara.

It is understood he will seek an early hearing of that appeal.

Legal sources say it is possible Dwyer's appeal against his conviction could be heard before Christmas.

Seán Guerin SC, for the State, asked the court to make orders by consent, including an order dismissing the State's appeal.

Mr Guerin also said it was agreed between both sides that an order should be made affirming the declaration made in the High Court in favour of Dwyer concerning the relevant part of the 2011 law.

The High Court ruled a provision of the 2011 law breached EU law on data privacy because it allowed for general retention of data without necessary safeguards or independent oversight.

Dwyer's Senior Counsel Remy Farrell said the declaration related to the access regime here as distinct from the retention regime but had, "pointedly", also referenced data retained on a general and indiscriminate basis.

His interest was to be able to argue the retention issue in Dwyer’s appeal against his conviction as distinct from a wider context, counsel indicated. The court will now draw up the agreed final orders.

Dwyer's appeal will be determined by the Court of Appeal which will hear arguments about whether or not the mobile phone metadata should have been admitted as evidence at his trial.

It could ultimately end up back in the Supreme Court.

Minister for Justice Helen McEntee has said her department and the office of the Attorney General would consider the Supreme Court’s ruling when it is finalised.

She said she hoped it would bring clarity and inform necessary new legislation taking the CJEU’s findings into account.