There will be no Dáil debate on the establishment of a Commission of Investigation into claims of Garda malpractice because of a connected legal action being taken by former minister for justice Alan Shatter.

However, the motion on the issue will be put to a vote in the House.

The Commission of Investigation into allegations of malpractice in the Cavan-Monaghan Division of An Garda Síochána follows the findings of a report by Seán Guerin SC into claims made by whistleblower Maurice McCabe.

Mr Guerin was hired by the Government to report into its handling of allegations by Mr McCabe and his conclusions were highly critical of the Department of Justice.

Mr Guerin’s report also led to Mr Shatter’s resignation.

The Dublin South deputy has taken a High Court action to overturn some of Mr Guerin's findings.

Mr Shatter claims the report showed objective bias and an absence of fair procedures and also alleges that Mr Guerin showed "indecent haste" in compiling his report.

According to a note given to TDs, Ceann Comhairle Séan Barrett “has indicated that, while the draft Commission of Investigation (Cavan/Monaghan Division of the Garda) can be moved tomorrow, there can be not (sic) debate re same, as it would be in conflict with Standing Orders 57, as the matter is currently sub judice”.

Mr Barrett did not specifically reference the Shatter case, but sources said it was the case in question.

The motion on the Commission of Investigation will now be “moved, without debate” although Fianna Fáil may raise concerns.

A spokeswoman for the Oireachtas said the "the Ceann Comhairle has the power to either allow or disallow debate on a matter that is sub judice".

“He has come to the conclusion that the motion is not in order for debate. However, he is prepared to allow the motion to be moved without debate, as this obviates the risk of encroachment by the Dáil on the functions of the Courts.”