President Mary McAleese has called a meeting of the Council of State to seek advice about whether she should refer the new Criminal Justice Bill to the Supreme Court to test its constitutionality.
The meeting, under Article 26 of the Constitution, is to be held in Áras an Úachtaráin on Wednesday evening next.
The legislation from Minister for Justice, Equality and Law Reform Michael McDowell was one of the final pieces of legislation passed by the 29th Dáil before Taoiseach Bertie Ahern called the election.
It has been strongly criticised by some lawyers as it allows for seven-day detention of suspects, tougher bail laws and gives powers to judges to take inferences from a suspect's refusal to answer questions. The Irish Human Rights Commission said it presented "a danger of injustice" and threatened the separation of powers between the Government and the judiciary.
The President may, after consultation with the council, refer the legislation to the Supreme Court to test its constitutionality.
President McAleese has convened the 23-member council on four previous occasions, the first in 1999 prior to her address to the Houses of the Oireachtas.
In June 2000, sections of the Planning and Development Bill 1999 and Illegal Immigrants (Trafficking) Bill 1999 were referred to the Supreme Court following a meeting of the council. In April 2002, section 24 of the Housing (Miscellaneous Provisions) (No. 2) Bill, 2001, was discussed with the council and following the meeting the President decided to sign the Bill into law.
In December 2004, the Health (Amendment) (No 2) Bill 2004, concerning the payment of charges by those maintained in a hospital or home by a health board, was discussed by the council. Certain provisions were subsequently found to be unconstitutional by the Supreme Court.