The High Court will decide on Wednesday if the final report of the six year investigation by court-appointed inspectors into the affairs of National Irish Bank may be published, whether in full or with parts edited out.
Mr Justice Kelly today refused as "premature" an application by NIB for a copy of the report.
The judge said he would deal on Wednesday with the Bank's application, and any other applications by affected parties, for copies.
Even if the judge orders tomorrow that the report may be published, Mr Brian Murray SC, for the Director of Corporate Enforcement (DCE), said it would be July 30th before copies of the 192-page report, plus some further 200 pages in appendices, will be printed.
The long-awaited final report of the inspectors was presented to the court on July 12th. Mr Justice Kelly directed that a copy should be given to the Director, after an undertaking was given on the latter's behalf that there would be no disclosure of its contents prior to any court orders to that effect.
He adjourned until Wednesday a hearing on several matters, including who should receive copies and whether the report should be published in whole or in part. The Companies Act 1990 empowers the court to make such orders.
At earlier hearings dealing with the inspectors' investigation, the judge was told some 23 persons were at risk of having adverse findings made against them in the report.
In court today, the judge was asked by Mr Richard Nesbitt SC, for NIB, to direct that a copy of the report be given now to the Bank. Counsel said the report was about the Bank's business and it Bank was extremely anxious to receive and read it in order that senior management might be able to deal with its contents and any implications for the Bank's business.
Counsel said he could not overemphasise the need for the Bank to be in a position to react to the report as soon as possible.
Mr Donal O'Donnell SC, for the inspectors, said his clients were not unaware or unmindful of the concerns of the Bank and the commercial realities of the situation.
However, he added, there was a logistical conundrum in that, if the Bank were to receive the report now, this would be in advance of Wednesday's hearing when the court would hear submissions from other affected persons before deciding whether aspects of the report should be redacted or not.
It was hard to see how redaction could be achieved if the Bank were to receive the complete report now.