The Minister for Justice, Mr McDowell, may have to change the age limit on the appointment of the Garda Commissioner when Mr Pat Byrne steps down from the position shortly.
The two Deputy Commissioners, considered to be among the front-runners for the seven-year post, will both be over the 60-year age limit when the position becomes available next July.
Mr Byrne ended long-running speculation earlier this week over whether he would stay on in the position when he confirmed that he would not be available for another term.
The decision comes at a crucial time as the Government prepares to reform areas of the Garda Síochána and subject it to greater accountability. The force is also embroiled in a number of controversies including alleged misconduct in Co Donegal and the Abbeylara shooting.
Traditionally the government has appointed a deputy commissioner to the post, although there is speculation that it will look to the panel of nine assistant commissioners for the candidate.
The last time an assistant commissioner was appointed to the post was in the mid-1970s. However, Mr Ned Garvey, who was appointed by a Fine Gael-led government, was replaced suddenly in 1978 when Fianna Fáil came into office.
The two Deputy Commissioners, Mr Noel Conroy and Mr Peter Fitzgerald, are highly qualified and have substantial experience in domestic and international policing (see panel).
The panel of assistant commissioners includes a number of very experienced members, including Mr Fachtna Murphy, who heads the Criminal Assets Bureau; Mr Tony Hickey, who led the investigation into the murder of journalist Ms Veronica Guerin; Mr Kevin Carty, who led an investigation into allegations of Garda misconduct in Donegal; and Mr Pat Crummey, in charge of strategic management for the Garda.
It has also been suggested that the Government may look outside the Garda when seeking a suitable candidate for the force, although Department of Justice sources say this is unlikely.
Laws governing the appointment of the Commissioner, which date back to 1925, do not require that a member of the Garda should be appointed to the position.
A former minister for justice, Mrs Nora Owen, said yesterday that the rainbow government discussed the possibility of an outside candidate for the Garda in 1996 before appointing Mr Pat Byrne.
"I think the Garda Commissioner should be a member of the force, who has trained and worked with other gardaí," Ms Owen said.
Garda representatives have also privately voiced their opposition to the idea of an outside appointment.
