New aspects of the Luas light rail project cannot be examined by the public inquiry into the scheme, which is due to reopen in June. But the inquiry inspector, Judge Sean O'Leary, may go ahead with an examination of specific proposals which remain unaffected by this week's Government decision to extend the project and put part of it underground.
Any decision on the future of the inquiry will be a matter for the inspector himself, Government and CIE sources stressed yesterday.
Luas executives will take legal advice today or tomorrow on what its position should be when the inquiry reopens early next month.
Judge O'Leary adjourned the inquiry last September pending the outcome of a review of the scheme which had been ordered by the Minister for Public Enterprise, Ms O'Rourke.
The difficulty which now arises is that the scheme the judge was appointed to consider - an overground line from Tallaght to Dundrum - no longer exists in the same form.
In a worst-case scenario, this could result in the whole inquiry being postponed until geological tests are carried out to determine the feasibility of putting a 2.5km tunnel in the city centre.
However, the judge may feel he has the option of going ahead with an inquiry into the overground aspects of the scheme.
The proposed extensions, to take in Connolly Station, Ballymun/Dublin Airport and Sandyford, will by law have to be subject to separate public inquiries.
A spokesman for Ms O'Rourke insisted yesterday no time scale for the revised project could be given until it was known what attitude Judge O'Leary would take towards proceeding with or postponing the inquiry.
An inquiry into proposals for a light-rail system is required by law because the normal planning process is effectively by-passed in the case of such projects.
The process involved in establishing Luas began with CIE making an application to the then minister for transport, Mr Alan Dukes, for a light rail order allowing it to proceed. The order would give CIE considerable powers, such as the authority to make compulsory purchase orders. Mr Dukes then set up the public inquiry, appointing Judge O'Leary as inspector.
A minister can accept, reject or amend the inspector's recommendations, but is required to outline his or her reason for doing so to the Houses of the Oireachtas, before the order is signed and the project can go ahead.
