Justice Frederick Morris will not ask the Dáil for an extension of the terms of reference of the inquiry into allegations of misconduct by certain members of the gardaí in Donegal.
At today's hearing the chairman of the inquiry Mr Justice Morris said he would considered any submission to have the tribunal's terms widened based on material evidence. However, he said at the moment he did not see this course of action as appropriate.
The Chairman was responding to an appeal from Mr Frank McBrearty Snr for the terms of reference to be extended to include the role of the Minister of Justice, the Attorney General, the Garda Commissioner, the Director of Public Prosecutions and the Donegal state solicitor.
Mr McBrearty Snr said yesterday he was willing to be got to jail rather than co-operate with the tribunal in its current form.
Today, Justice Morris said there was a moral and legal duty on all witnesses to called before the tribunal to give evidence unconditionally.
On Wednesday, the Taoiseach Mr Ahern told the Dáil the Government would respond to any request from Mr Justice Morris to extend the terms of reference of the tribunal.