Mr Justice Moriarty has rejected a suggestion that an investigation into Michael Lowry was arising 'through the back door', during the course of the Moriarty Tribunal's work.
The suggestion was made by counsel for the Independent TD at the Tribunal today.
Mr Lowry's legal team claimed that Denis O'Brien's fixed line business - Esat Telecom - and its relationship with the then minister was now under scrutiny.
They said they were concerned that they had not received any notice of any investigation of this type.
Mr Justice Moriarty said the matter was not currently being investigated, but he added that the Tribunal was not precluded from investigating it.
Counsel for the Tribunal said the inquiry would look at the matter in the normal course of its business and it would be dealt with appropriately.
