The High Court will hold a hearing on Thursday to resolve a "serious problem" confronting the commission investigating the treatment of the intellectually disabled woman known as Grace.
Lawyers for the commission told the court that under existing legislation, Grace cannot recover the legal costs of her involvement in the commission even though she is at the centre of it.
They told the High Court President, Mr Justice Peter Kelly, that the Minister for Health, Simon Harris, must devise an administrative solution to the problem.
The judge directed a hearing on Thursday aimed at ensuring the problem is resolved.
He said there was no way "to cut this Gordian knot" except to make the Minister a party to a formal legal application.
Senior Counsel Raymond Comyn, for the commission, said correspondence received today from the Department of Health about the matter had given great comfort to the commission and would hopefully address the concerns.
Earlier this year, Mr Justice Kelly approved a settlement package of €6.3m from the HSE for Grace, to ensure lifelong care for her.
He said he had asked the commission to ask Mr Harris to clarify the matter as he said his anxiety was that the funds should be used only to provide for Grace's needs.
He had described the treatment of Grace, who remained with a foster family in the southeast despite allegations of sexual abuse, evidence of physical abuse and neglect, as not just shocking but a scandal.
Senior Counsel Sara Moorhead said the Commission had identified a lacuna in the 2004 Commission of Inquiry Act.
This meant costs of the work done on behalf of Grace and her representation before the commission were not recoverable for a number of reasons, including the fact that she is not someone whose good name or reputation would be affected.
The court was told the commission considered the only practical way of speedily addressing the issue was for the Minister to fashion an administrative solution to it.
Mr Comyn said the alternative was to amend the legislation, but that could take time.
The court heard the commission believed the Minister should be involved in the proceedings and should outline submissions as to how the matter could be resolved.
The court was also told the commission was very concerned about matters referred to in an article in the Examiner yesterday which are within the private investigative area of the Commission and was contemplating what to do about that.
