Paul Murphy may be told next week if he abused Dáil privilege in yesterday's comments about Jobstown.
The Solidarity TD is being investigated after using privilege to accuse three Gardaí of perjury during his trial.
The Dáil procedural committee has received legal advice and could meet next week to make a ruling, despite the summer recess.
Fine Gael junior minister Brendan Griffin has said the row is a distraction from what happened at the protest itself.
"I think the matter of privilege is one that is being decided upon and I am awaiting the outcome of that but what I would say about Deputy Murphy is he didn't ley himself down as a TD, he let himself down as a man," he said.
Meanwhile, the Garda Commissioner Nóirín O'Sullivan has indicated that an internal review into the Jobstown protest will not examine evidence given by Gardaí in court.
But Sinn Fein TD, David Cullinane, said the review should examine Garda evidence.
"We have a review into what the Commissioner said was into a review into the events that surround Jobstown," he said.
"The talking point and crucial point and the only issue that people are genuinely concerned about is if senior or junior members of An Garda Síochána gave potentially false evidence to a court of the land.
"In our view, that's essentially what O'Brien should be looking at and examine."
The Garda Commissioner has moved to play down suspicions about Garda evidence which was contradicted by video at the Jobstown trial.
Nóirín O'Sullivan says it's possible for evidence to be contradicted without the need for suspicion.
She refused to entertain specific questions today about whether three members of the force should be investigated for their evidence, which was later disproven by video footage.
She says it's understandable that sometimes two people would give contradictory evidence.
"Obviously they're witnesses who appear before for example committees or courts and different witnesses have different accounts of matters," she said.
"Some people have direct evidence and some have hearsay account of matters and it's important that let it be the court or let it be the PAC or any other committee hears all of the evidence in a fair and balanced way."