There is a danger that proposed new legislation could transfer too much power away from the Government's role in appointing judges, Fianna Fáil's justice spokesperson has said.
President Michael D Higgins convened a meeting of the Council of State yesterday afternoon to consider the bill.
He is expected to make a decision by the end of the week on whether or not he will refer the legislation on how judges are to be appointed to the Supreme Court.
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.
Speaking on RTÉ's Morning Ireland, Jim O'Callaghan said that the process of appointing judges in Ireland has been "pretty successful" to date.
Mr O'Callaghan said there are a lot of worthwhile and useful provisions in the bill but highlighted the proposed establishment of the Judicial Appointments Commission, saying this is a controversial decision.
There are concerns that too much power may be given to the commission when it comes to appointments, he explained, because under the constitution this is a responsibility that rests with the Government.
Mr O'Callaghan said it would be beneficial if the President refers the matter to the Supreme Court because it would remove any uncertainty from the bill, and section 51 in particular.
However the decision ultimately lies with President Higgins, he said.
