Mr Justice Flood has said he fears the Oireachtas will fail to appoint the new judges agreed for the planning tribunal before the election, thus preventing him from starting the next phase of the tribunal's work.
The tribunal's next phase is the most politically sensitive, involving allegations of improper payments to a large number of sitting and former Dublin county councillors, some of whom are standing in the general election. However, no evidence on this was due to be heard until after the election.
In a letter to the Clerk of the Dáil this week, Mr Justice Flood warned that the Bill which must be passed to allow for the appointments is bogged down as a result of concerns unrelated to the appointment of the judges.
If the matter is not resolved, "it will adversely affect the tribunal's ability to progress to the next public phase of its inquiry", he said.
The Government Chief Whip, Mr Séamus Brennan, last night acknowledged that the Bill faced difficulties, but insisted the problem would be resolved.
"It would be unthinkable not to appoint the judges before Easter", he said. "If we have to sit late to take this Bill we will."
However, Fine Gael's justice spokesman Mr Alan Shatter, blamed the Minister for Justice for the delay. "The Courts and Court Officers Bill, 2001, being used by John O'Donoghue for this purpose was published in March 2001, yet the second-stage Dáil debate on the Bill did not take place until Friday last as the Government refused Fine Gael demands that the Bill be prioritised," he said.
"The public interest demands that provision be made for the appointment of the additional judges."
In his letter Mr Justice Flood warns that concerns over other aspects of this Bill could delay its passage. He suggests the Oireachtas might consider passing a short piece of legislation solely for the purpose of appointing the judges. The Labour Party has promoted such a move for some time.
The Government decided last month to appoint three barristers to the Circuit Court and then to the Flood tribunal in response to a long-standing request from Mr Justice Flood for additional members of the tribunal, of which he is sole member.
Mr Alan Mahon SC and Ms Mary Faherty SC are due to be appointed as full members of the tribunal, bringing its membership to three. Mr Gerald Keys is to be appointed as a reserve.