New legal concerns have emerged over plans by the Banking Inquiry to publish evidence from the former Anglo irish Bank CEO, David Drumm.
The inquiry is meeting in private this morning to consider new concerns, raised by the Director of Public Prosecutions.
The inquiry had planned to publish Drumm's written statement as evidence today, having abandoned its plans to hear oral evidence from the 48-year-old who has been based in the US since quitting Anglo in 2009.
Those plans for evidence were dropped partly because of advice from the DPP, who warned that any evidence could hamper a potential criminal trial in future.
Today FM understands that some members of the inquiry team are deeply frustrated that the DPP has only now, at the eleventh hour, intervened to express concerns that even publishing a written statement could cause legal problems.
An urgent private meeting was held this morning to discuss the DPP's new concerns, and inquiry members are likely to write back looking for clarification on exactly what the concerns are, and why they were not raised earlier.
The inquiry is then likely to hold a second private meeting whenever the DPP replies, and only then can a final decision be made on whether Drumm's written statement can be published or accepted as evidence.