It is understood the Director of Public Prosecutions remains opposed to the publication of David Drumm's statement to the banking inquiry, in an update received by the committee.
The committee is now awaiting its own legal advice but that will not be available until later today.
The inquiry wants clarity before questioning Fintan Drury tomorrow as he is mentioned in Mr Drumm's statement.
There is a possibility tomorrow's schedule may change to accommodate this.
It is also understood no reasons were given by the DPP for its opposition.
The inquiry decided tonight in private session to suspend publication until it receives its own advice.