The Law Reform Commission has said Mr Justice Paul Carney's remarks about merging murder and manslaughter into one crime of unlawful homicide are entirely inappropriate.
It strongly criticised the proposal by the presiding judge of the Central Criminal Court. Prof Finbarr McAuley of the Law Reform Commission and University College Dublin said that, as a serving judge, Mr Justice Carney should not have voiced such views.
However, the proposal has been welcomed by Prof Ivana Bacik, a law lecturer at Trinity College Dublin.
Prof McAuley said: "It is inappropriate for a senior judge to be getting involved in such a highly controversial area. The issue here is a fundamental one of criminal policy and is for politicians and organisations like the Law Reform Commission to discuss, not judges."
He said the commission "completely opposed" the idea of abolishing the distinction between murder and manslaughter. "There is a moral principle at stake. Most intentional killings are in a class of their own and are more heinous than unintentional killings. It would be a very bad step if we were to remove that difference."
Mr Justice Carney said that merging the two crimes could significantly reduce waiting times.
"The judge's argument seems to be about administrative convenience," said Prof McAuley.
"If that is really a motivating factor, then why not abolish the difference between rape and assault? That would save a huge amount of time yet nobody would even suggest it."
Prof Bacik said she agreed with Mr Justice Carney's suggestion. She questioned what purpose the current legal distinction between murder and manslaughter served. "The line between the two is often blurred in practice and in the reality of human life. It can be very difficult to categorise a killing. I question the need for a separate offence of murder. Is it a true reflection of reality, or is it really about social stigma?"
Prof Bacik said the mandatory life sentence for murder was "the biggest injustice" and did not reflect the various grades of murder. "There are murders which are more heinous and more severe than others and that should be reflected in sentencing."
A spokeswoman for Victims' Support said the group had no opinion on Mr Justice Carney's suggestion that murder and manslaughter be merged into one crime of unlawful homicide.
"This is very much one man's personal opinion. The Law Reform Commission does not agree with him. It's a highly technical area and we do not feel competent to comment on it yet. We would, however, welcome anything that would alleviate the trauma for the victim."
Meanwhile, the Law Reform Commission yesterday called for a "toughening up" on the plea of provocation as a partial defence to murder, reducing the offence to one of manslaughter.
Traditionally, a key part of the provocation plea - the provocation to the defendant is deemed to have been enough for an ordinary, reasonable person to lose control - has been dramatically weakened by successive judicial decisions, Prof McAuley said.
"It has atrophied to the extent that a spouse who makes disparaging remarks about his or her partner can, as the law stands, successfully plead provocation. It means an unusually pugnacious or excitable individual is protected by the law of provocation."