The Tánaiste says she's close to publishing new legislation to overhaul how judges are chosen.

Frances Fitzgerald's comments come after the President of the Circuit Court said he could not uphold the law if vacancies in the court weren't filled.

Justice Raymond Groarke says the court is already three below its quota and will be five members short after Christmas.

Judicial appointments have also caused tensions in cabinet, with Shane Ross refusing to allow the government fill vacancies on the courts under the current system.

He has demanded a system where judges would be appointed by a body with a majority of members from outside the legal world.

Frances Fitzgerald says legislation to overhaul the system - and allow the outstanding vacancies on the courts - will be overhauled shortly: