THE GOVERNMENT has refused to confirm whether it has taken further legal advice on foot of provisional findings from the Moriarty tribunal's investigation into the awarding of the second mobile telephone licence in 1996.
The publication of the final report, which had been expected before the end of the year, will now not take place until early next year, Taoiseach Brian Cowen told the Dáil yesterday.
The tribunal last Friday threatened The Irish Timeswith a midnight court injunction unless it agreed not to publish a report on the draft conclusions, forcing the newspaper to stop the presses and destroy 25,000 papers.
The Sunday Times, which did publish a report on the issue, was not approached in advance by the tribunal, but was told yesterday not to publish any more information on the subject.
However, the report, which was the main news story carried by the Sunday Timesin its Republic of Ireland edition, was still available last night on the newspaper's website.
Labour TD, Joan Burton asked the Taoiseach in the Dáil if the Government has "obtained additional legal advice on the possible findings of the tribunal and possible press reports on adverse findings or potentially adverse comments, perhaps in regard to public servants?"
Responding to Ms Burton, Mr Cowen said it had been expected that the second and final report of the tribunal would be released before December 31st, but "the latest information suggests it may be published early next year".
So far this year, the Moriarty tribunal has cost €3.3 million.
The Taoiseach said he expected that it would end the year €3 million under budget because third-party costs will not be finalised by December 31st.
"Additional costs that may arise at the end of the year include those for the concluding briefs for legal teams. That is the latest information on the matter," the Taoiseach said.
"I do not comment on media reports when a very important process is still ongoing," he told Ms Burton.
Last month, Mr Cowen, speaking before the Government had received a copy of the draft findings, indicated that Mr Justice Michael Moriarty may need to hold a further round of public hearings before finishing his work.
Asked if the Cabinet had decided to challenge aspects of the preliminary report of the Moriarty tribunal, the Minister for Justice, Equality and Law Reform, Dermot Ahern, said: "My lips are sealed."
The Minister added that he could not discuss the business of Cabinet.
Asked if the Cabinet would be making an announcement of its attitude to the preliminary report, the Minister said there would not be any such announcement.