The Government has conceded that it may not be able to publish the findings of the inquiry into the Derry O'Rourke sex abuse case announced earlier this week by the Minister for Sport, Dr McDaid.
Doubts were also cast last night on whether witnesses at the inquiry will be protected from possible legal action.
The doubts arise from the inquiry's lack of judicial status, which means its report will not be covered by rules of privilege. This means it could be open to anyone who felt defamed by the report, or by witnesses, to take legal action against the Government or witnesses.
A spokesman for the Department of Sport confirmed that there could be legal problems over publication and said that a decision would require legal consultation.
Last night a solicitor representing victims of O'Rourke warned that witnesses could feel constrained about giving evidence. "How free will witnesses feel about giving evidence?" asked Mr David Coleman. "Are they covered by privilege, or qualified privilege, or no privilege? For an inquiry to be effective it will need to have teeth and the power to compel witnesses to attend and to procure documentation. Without that it will not work and will be a waste of time."
Despite the growing pressure yesterday for a full judicial inquiry, Dr McDaid insisted that his more limited inquiry would go ahead. However, he said that he was open to the idea of setting up a full judicial inquiry if the present one did not get satisfactory answers, and he met the Attorney General yesterday evening to discuss this option.
Dr McDaid's meeting with the Attorney General yesterday came after victims and their families refused to take part in the more limited inquiry.
A spokesman for the Minister said last night that Dr McDaid was disappointed that the victims and their families could not see their way to co-operating with the inquiry. He appealed to them to reconsider their decision.
Dr McDaid said that a rapid inquiry was needed to safeguard the 5,000 young people who were currently being coached in swimming. He also pointed out that short non-judicial inquiries into the Madonna House case and the Kilkenny incest case had proved effective.
Last night, a spokesman for the Minister said reports that Mr McDaid was to seek Government backing for a judicial inquiry into the affair were "without foundation". The spokesman said that after the Minister's meeting with the Attorney General yesterday evening, Mr McDaid had said he would continue to appeal to the relatives of O'Rourke's victims to co-operate with the inquiry already announced.
Last night Mr Bernard Allen, the Fine Gael TD, said that Dr McDaid's planned inquiry was "toothless" and would not work. The Minister's proposals were "a waste of time", he said. The Labour Party has also called for a full judicial inquiry.
Meanwhile, the swimming club at which O'Rourke abused his victims and the National Women's Council have joined those expressing dissatisfaction with the proposed inquiry. In a statement, the club called for a full judicial inquiry which "must have full powers to compel all concerned to provide an accurate and factual account of this affair".
The chairwoman of the National Women's Council, Ms Noreen Byrne, said that the arguments for a judicial inquiry were strong. "Getting to the truth is not always easy and we must learn from that and take the appropriate steps now."
However, Dr McDaid insisted that he had to go ahead with the present inquiry. "There are children getting coaching lessons every day and that is my responsibility", he said on RTE Radio. "I cannot take the risk of children being in danger."
He agreed that the inquiry he has established does not have the power to summon witnesses and obtain documents. But the Irish Amateur Swimming Association had said it would co-operate fully, the victims had been given a veto on the chairperson and the terms of reference, and they would also be given representation on a committee to monitor the progress of the inquiry.
A statement from the club where O'Rourke abused his victims said yesterday that the present club committee wished to express its "horror and disgust at the abuse of young children by Derry O'Rourke".