Government sources have admitted it is unlikely that the new Director of Public Prosecutions will be appointed before Mr Eamonn Barnes retires in September. The gap is likely to be weeks rather than months, they said.
This follows the decision to re-advertise the position because of fear of a challenge to the seven-year limit on the term of office, as advertised early in June, according to a spokesman for the Department of the Taoiseach. He said the re-advertising was due to an "abundance of caution".
The seven-year term is in line with those served by all secretaries general of departments, presidents of courts and chief executives of semi-state companies, according to a Government spokesman. The DPP's salary, £86,691, is in line with these positions.
The requirements for the job include at least 10 years as a practising barrister or solicitor. People working in a civil service position for which a legal qualification is necessary are also eligible.
It is understood that there were four applicants for the position when it was advertised, three from the DPP's office and one external applicant who had no legal qualifications. The applications went before an assessment committee of the Chief Justice, Mr Justice Hamilton, the president of the Incorporated Law Society, Mr Pat O'Connor, the chairman of the Bar Council (Mr John McMenamin, but Mr Liam McKechnie takes up the position this week), the Secretary-General to the Government, Mr Frank Murray, and the senior legal assistant in the office of the Attorney General, Mr James Hamilton.
Interviews were to be held last Thursday, but on Wednesday the assessment committee members were told the Government had decided to cancel the competition.
The Government spokesman said it had "sort of filtered through from the legal profession" that there might be problems about the seven-year limit.
According legal sources the Government had clearly not thought through the implications of the seven-year term for potential applicants. Within the State service in general it was unlikely that a person would take seven years out of their career to take up this position, with no certainty of what job might be available on their return.
Practising solicitors and barristers would have even more difficulty with it. Not alone would they have to attempt to rebuild their careers following a long absence, but they would be compromised for three or four years while cases they had initiated wound their way through the courts system.
The position will be re-advertised "soon", according to the Government spokesman.
However, the legal term ends this Friday, so members of the assessment committee and potential applicants are likely to be on holiday from then. It is therefore unlikely that the closing date can be much before the end of August, with interviews taking place in September. Mr Barnes will have retired by then.