The Director of Corporate Enforcement has failed to get a High Court order directing the inspectors appointed to investigate the affairs of National Irish Bank to release to the director the identities of members of the bank's audit committee.

Ruling on the application yesterday, Mr Justice Kelly said the inspectors' report of July 2004 made serious findings in relation to improper practices at both National Irish Bank and National Irish Bank Financial Services Ltd. These improper practices had the effect of facilitating tax evasion and the levying of unwarranted fees and interest charges on some customers.

The inspectors concluded that certain senior officers in the NIB companies bore responsibility for the improper practices, the judge said.

Mr Justice Kelly said the director took the view that the directors of the bank who constituted its audit committee had serious questions to answer as a result of the inspectors' findings.

The director wished to consider taking legal proceedings in regard to members of the committee and wished to identify the members of that committee.

Mr Justice Kelly said the director had been furnished with minutes of four relevant meetings of the bank's audit committee in 1995 and three persons involved.

It had been accepted that two members must be the subject of the inspectors' criticisms.

There would be some doubt as to whether the inspectors' criticism was directed at the third person.

Mr Justice Kelly said he was satisfied on the facts of this case that there was no real and pressing need for the order sought. The director had all the information and the order sought would not provide any real benefit to him, the judge said.