President Michael D Higgins is expected to make a decision by the end of the week on whether or not he will refer legislation on how judges are to be appointed to the Supreme Court.
He convened a meeting of the Council of State this afternoon to consider the Judicial Appointments Commission Bill.
The provision of the bill that a new commission will recommend three candidates for a judicial vacancy and that the Government can pick only from this list has been the subject of some concern.
Critics have said the legislation limits the Government’s discretion over who it can nominate as a judge.
If the bill or any part of it is referred to the Supreme Court, then the court has 60 days to hear arguments about its constitutionality and give a decision.
It will mean that Supreme Court judges will have to decide about the constitutionality of laws governing how judges are appointed.
This is the third time that President Higgins has convened a meeting of the Council of State to consider whether or not the Supreme Court should decide if proposed legislation is constitutional.
He has seven days after a bill is presented for his signature to decide whether or not to make the referral.
The Council of State has ended its deliberations and it is understood that a decision is due by Friday.
Members of the Council of State including the President, Taoiseach, Tánaiste, Ceann Comhairle of the Dáil, Cathaoirleach of the Seanad, Chief Justice and the Attorney General.
The council members also include former presidents and taoisigh as well as a number of people nominated by the president.
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