The possible appointment of the former Supreme Court judge, Mr Hugh O'Flaherty, as vice-president of the European Investment Bank has been deferred pending the outcome of a legal challenge to the Government's controversial nomination, to be heard next week.
The High Court yesterday ruled that Mr Denis Riordan had established an arguable case that the Government's method of nomination was unfair, unjust and unconstitutional.
Mr Riordan, of Clonconane, Redgate, a lecturer in communications (marine technology) at Limerick Institute of Technology, had sought leave to take judicial review proceedings seeking a number of orders effectively aimed at preventing Mr O'Flaherty taking up the £147,000-a-year position.
Yesterday Mr Justice Kelly granted leave to seek a declaration that the method of selection of the nominee for the appointment was "unfair, unjust and repugnant to the Constitution". He refused leave to seek a number of other orders, including that Mr O'Flaherty was an unfit person for the post and a declaration that the Minister for Finance, Mr McCreevy, was "failing in his fiduciary duty" to the people of Ireland in nominating the former judge.
Mr Justice Kelly also granted an order effective until Thursday next - when the case is to come back before the court and it is expected the full hearing will begin - restraining the Government from proceeding with the nomination of Mr O'Flaherty. The judge made the order after counsel for the Government said she had no instructions to give an undertaking to that effect.
Mr Riordan, who presented his own case, had asked for an order that the Minister for Finance withdraw Mr O'Flaherty's nomination. But the judge said that was premature, pointing out that all Mr Riordan had got was leave to seek judicial review.
Counsel for the State, Ms Nuala Butler, said she hoped the case would be dealt with next week.
Mr Justice Kelly told Mr Riordan that the case was urgent and he had in mind it should be heard next week. The State said papers in the case could be available for Mr Riordan at the Chief State Solicitor's Office by last evening.
Mr Riordan had argued that, as the salary of the vice-president of the EIB is paid by the taxpayers of the EU, he, as an EU citizen and under Article 40 of the Constitution, has a right to an opportunity to apply for the position.
He contended that his fundamental right as a citizen to have the opportunity to apply for a position paid out of public funds had not been vindicated by the process adopted.
When the judicial review application opened earlier in the week, counsel for Mr O'Flaherty said he did not wish to make any sub missions and withdrew from the case. At the conclusion of yesterday's hearing, a solicitor representing Mr O'Flaherty was in court and was told by Mr Justice Kelly that he could attend next week's hearing if he wished.