The broadcasting regulator has accused Cathal Goan, the director-general of RTÉ, of making "inaccurate" and "unjustified" remarks about its fitness to regulate the national broadcaster.
The comments are contained in a letter to the Minister for Communications, Noel Dempsey, from from the chairman of the Broadcasting Commission of Ireland (BCI), Conor Maguire SC. The department is currently drafting legislation for the future regulation of RTÉ and the commercial sector.
RTÉ has voiced strong opposition to any plan which involves the BCI regulating the State-owned station. Cathal Goan made it clear recently that RTÉ as a public service broadcaster could not be regulated by a body which also regulated commercial services. He said the BCI could end up having conflicts of interest by regulating the two types of broadcasters.
Mr Maguire in his letter says Mr Goan's comments, made to an Oireachtas committee are "inaccurate" and the BCI feels the need to address them on the record for the Minister.
He firstly strongly denies the BCI has any "promotional" function on behalf of the commercial sector. Secondly he says there is no danger of any conflicts of interest arising and the BCI already regulates two diverse models of broadcasting - community stations and commercial stations.
He points out that the regulation of private and public service broadcasters by one body is quite common throughout Europe.
In his comments to the Oireachtas recently, Mr Goan said several reports and submissions showed the BCI had failed to regulate effectively.
He said the organisation was versed in regulating commercial services, whereas RTÉ was a public service broadcaster operating under a charter. He was speaking before the Joint Oireachtas Committee on Communications. He said the BCI presided over a set of rules that did not apply to RTÉ. He questioned the BCI's handling of certain issues in the last year.
For example he said the BCI had failed to force commercial broadcasters to make 100 per cent of their programming accessible to the hearing impaired. However these comments have drawn a sharp rebuke from Mr Maguire, a former chairman of the Bar Council and chairman of the BCI.
