The Council of State is meeting this evening to discuss the Criminal Justice Bill which may be sent to the Supreme Court to test its constitutionality.
President Mary McAleese called the meeting last week under Article 26 of the Constitution. The meeting was due to start in Áras an Úachtaráin at 7.20pm.
The Criminal Justice Bill 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. A spokeswoman said the meeting would take at least an hour. Ms McAleese may take the advice of the Council but may also disagree with its opinion. The President's decision will be issued in due course after this evening's meeting.
Mr McDowell said this afternoon: "I'll be attending Aras an Uachtarain as a member of the Council of State this afternoon so I don't want to intrude on her privacy or the privacy of the occasion by saying in public what I'm going to be saying in private.
"It's a mater for the president using her absolute discretion having consulted with the Council of State to decide on whether she wants to refer the Bill or any provision of it to the Supreme Court."
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.
The Council of State comprises ex-officio members including the Taoiseach, Tánaiste, Chief Justice, President of the High Court, Ceann Comhairle, Cathaoirleach of the Seanad and the Attorney General. It also includes former office holders who has previously held office as President, Taoiseach or Chief Justice. Up to seven other members are appointed by the President.