Taoiseach Enda Kenny reversed within hours a proposal to appoint new judges to the Court of Appeal yesterday.

Mr Kenny told the Dáil yesterday afternoon that the Government needed to appoint a small number of judges to the Court of Appeal immediately, due to a backlog in the court.

This would break an agreement that Independent ministers say they have that no judges will be appointed until new legislation covering such appointments is passed.

However, a few hours later, a spokesman for the Taoiseach said there were no plans to appoint any new judges. He declined to elaborate on the Taoiseach’s comments in the Dáil.

Mr Kenny told the Dáil that there is a “substantial backlog in the Court of Appeal” and there was “a case being made” for the appointment of new judges to ease court delays.

“There are a relatively small number of appointments that need to be made now,” he said. “Clearly we can’t have a situation where if this were to be delayed too long that obviously cases back up in every court.”

However, a few hours later the plans had disappeared.

Last week, Independent sources told The Irish Times they would not consent to further judicial appointments being made by the cabinet until a new system for appointing judges was approved by the Dáil.

A proposed judicial appointments bill will not become law until next year at the earliest, and only then if it secures the approval of the Dáil, where the Government does not command a majority.

However, The Irish Times understands Independent minister Shane Ross has told colleagues he has an agreement with Fine Gael that there will be no further judges appointed until the legislation is in place.

The Taoiseach’s spokesman said there had been no contact from Independent ministers following his Dáil comments.