The Minister for Health, Mary Harney, has said she has sought legal advice as to whether she can use Oireachtas privilege to publish the report on matters relating to the Leas Cross nursing home.
Ms Harney said she has asked the Attorney General to advise on the matter and she expects that advice within days.
She said that she wishes to see the report published but that the Health Service Executive has received strong legal advice that the report could not be published in its current form.
The minister had previously said that she wished to see the report's author, Professor Des O'Neill, work with the HSE.