The Oireachtas sub-committee investigating the mini-CTC rail signalling project may proceed with its hearings following a High Court decision yesterday.
Mr Justice ╙ Caoimh granted an application by the sub-committee to lift a stay, imposed two weeks ago by Mr Justice Kelly, which had halted the body's proceedings. Mr Justice Kelly had granted the stay when granting leave to Mrs Noreen McDonnell, widow of the former CI╔ chief executive Michael McDonnell, to take judicial review proceedings challenging aspects of the sub-committee's conduct of its hearings.
After yesterday's decision, lawyers for Mrs McDonnell said they were considering whether to appeal the decision to the Supreme Court.
Even if the judgment is not appealed, it could be up to a week before the proceedings of the sub-committee resume.
The sub-committee told the court last week its complete report would not be published until the judicial review action is concluded.
On October 3rd, Mrs McDonnell got leave to challenge various aspects of the work of the sub-committee and this challenge will still go ahead on a date yet to be set.
Over two days last week, Mr Justice ╙ Caoimh heard the application to lift the stay. Mr Felix McEnroy SC, for the sub-committee, said if the stay was lifted the sub-committee could conclude its evidence-gathering stage within four days, after which cross-examination of witnesses could begin.
Twelve witnesses remained to be heard and the sub-committee was not aware of any allegation to be made which impacted on the good name of Mr McDonnell, he added.
Mr Garrett Cooney SC, for Mrs McDonnell, said the establishment of Oireachtas committees to carry out investigations which impacted on the good name and reputation of citizens marked the ascension of "a parallel system of justice in Ireland".
Mrs McDonnell is complaining that the sub-committee is refusing to make provision for her side's legal costs and that restrictions on the cross-examination of witnesses are seriously prejudicial to the endeavours made to protect the good name and reputation of her late husband.