The Government decided yesterday to recommend the appointment of Mr Justice John Murray, currently at the EU Court of Justice, to be a member of the Supreme Court, and Mr Iarfhlaith O'Neill SC to the High Court.
They will replace Mr Justice Hugh O'Flaherty and Mr Justice Cyril Kelly respectively, who both resigned from these courts last April over the Sheedy affair. The new judges will take up their positions in October.
Mr Justice Murray will be replaced on the Court of Justice of the European Communities by a High Court judge, Ms Justice Fidelma Macken. This creates a further vacancy on the High Court.
Mr Justice Murray, a former attorney general, is at the moment a judge of the Court of Justice of the European Communities and will therefore bring wide European experience to the Supreme Court.
There will also be five further vacancies on the Supreme Court over the next few years. The Chief Justice, Mr Justice Hamilton, is due to retire when he reaches 72 in January, but he may go a little early as the new courts system begins in October.
Mr Justice Murray is seen as a strong contender to succeed him, though Ms Justice Susan Denham's widely-admired work as chairwoman of the Working Group on the Courts Commission has won her many supporters.
Mr Justice Fred Morris, President of the High Court, is the next most senior member of the judiciary but he is 69 and were he to succeed Mr Justice Hamilton would not serve a full term.
Mr Justice Kevin Lynch, Mr Justice Henry Barron and Mr Justice Donal Barrington are all over 70 and within a year or so of retiring. Mr Justice Barrington had served two terms on the European Court of First Instance and therefore brought substantial European experience to the court.
The retirement of these men will give the Government the opportunity of recasting the Supreme Court for the millennium.
Meanwhile, although the number of High Court judges has been increased recently, the demand is also growing, especially as three of them are involved in tribunals and commissions. Mr Justice Flood and Mr Justice Moriarty look likely to be tied up for some time with their tribunals, and Ms Justice Laffoy has just been appointed to chair the Commission on Childhood Abuse.