The resignation of Mr Justice O'Flaherty throws open the question of the likely successor to Mr Justice Hamilton as Chief Justice. It also necessitates the appointment of another member to the Supreme Court.
Mr Justice O'Flaherty had been seen as the most likely contender for the position of Chief Justice. The next most senior-ranking judge is Mr Justice Frederick Morris, President of the High Court.
However, he is 69 and therefore would only have two years to serve if appointed when Mr Justice Hamilton retires within the next year. This might provide the Government with a welcome breathing space to consider who will guide the highest court in the State in the new millennium.
Another senior judge in that court is Mr Justice Ronan Keane, who is widely respected both for his general ability and as a fine legal mind. But he, too, at 67, is now past the age when he could serve a full seven-year term.
The Government might want to give the new Supreme Court, which will see five of its nine members replaced within the next year, a new leader to indicate the renewal which the whole courts system has been quietly undergoing for the past year.
Here the name of the person largely responsible for that renewal comes to the fore. Mrs Justice Susan Denham has been widely praised for her work chairing the Working Group on the Courts Commission, which has been responsible for the greatest change in the working of the courts since the foundation of the State.
As a woman and a Protestant, she would be a powerful symbol of a renewed, pluralist, non-discriminatory Irish State. But, more importantly, she is widely respected in both legal and political circles for her astuteness, intelligence and integrity.
The other vacancies on the Supreme Court are likely to lead to a strengthening of its female membership. Mrs Justice Denham is likely to be joined by either Ms Justice Mary Laffoy or Ms Justice Catherine McGuinness, or even both. The more senior female High Court judge, Ms Justice Mella Carroll, is rumoured to have been offered such a position before and to have refused it.
Other High Court judges likely to be considered for elevation include Mr Justice Brian McCracken and Mr Justice Michael Moriarty. Both are seen to have acquitted themselves well during their two tribunals. Mr Justice Paul Carney might be favoured by the Tanaiste, Ms Harney, but he is said to enjoy his seat on the High Court bench.
Other contenders include the former attorney general, Mr John Murray, at present a judge of the European Court. Another senior judge with European experience is Mr Nial Fennelly, who is an advocate-general in the Court of Justice of the EU. His term ends in the year 2000, and the Supreme Court needs at least one judge with European experience.