The Garda Commissioner says he will not take legal action over plans of the the Public Accounts Committee (PAC) to hear from a garda whistleblower.

Martin Callinan says it is not in the public interest for the gardaí to pursue legal proceedings against an Oireachtas Committee. In a statement, he says he has reservations about the private hearing tomorrow but that he is satisfied it will be happening in private.

"Despite my reservations, I believe that, in all circumstances, it would not be in the public interest for An Garda Síochána to pursue the question of legal proceedings against an Oireachtas Committee" he said.

"Were such action to succeed it could have consequences that extend well beyond the present case. I have every respect for the role of the Public Accounts Committee and have no doubt too that it will act strictly in accordance with the legal advice it has received in dealing with this matter" he added.

He has also promised to co-operate fully with the Garda Ombudsman investigation into alleged corruption in the penalty points system.

Meanwhile the Minister for Transport says there is no need for the PAC to question the garda penalty points whistleblower because a full investigation will be carried out by the Garda Ombudsman.

The PAC has agreed to meet Maurice McCabe in private tomorrow to discuss his allegations of misuse of the system.

The Justice Minister Alan Shatter has criticised some members of the PAC for their handling of the issue, and has asked GSOC to investigate the penalty points controversy.

Minister Leo Varadkar told The Pat Kenny Show here on Newstalk he found it "strange" that the internal garda report into the quashing of penalty points did not interview the whistleblowers in the first place.

The Chairman of the Public Accounts Committee has insisted the investigation falls within the committee's remit.

TJohn McGuinness says the decision to have him appear was made following legal advice.