The former Supreme Court judge who chaired the Independent Radio and Television Commission has questioned the tribunal's authority to inquire into the commission.
Mr Seamus Henchy said the tribunal was commissioned by the il Dail to inquire into and report on specified matters. The Dail had not given the tribunal power to inquire into the IRTC.
Asked about a financial analysis of applications for the nation al radio licence, Mr Henchy said he "failed to see what this has to do with the purpose for which I have been called here today". The IRTC was an independent body, and its affairs were not relevant to the terms of reference of the tribunal under which he had been called to give evidence.
Mr Henchy was a member of the Supreme Court when the minister for communications, Mr Ray Burke, appointed him chairman in October 1988. He was paid a salary equivalent to that of a Supreme Court judge, made up of his pension with the balance topped up by the IRTC.
"This tribunal, may I point out, is not a court of law," he said. "It has no inherent jurisdiction" except what was given to it by the Dail.
He said he knew nothing whatsoever about any payment to Mr Burke. Mr Des O'Neill SC, for the tribunal, said he was asking questions which related to matters of fact. He didn't wish to "second-guess" the witness but he hoped Mr Henchy would be in a position to assist the tribunal. He hoped this addressed the witness's concerns. "No, it doesn't," Mr Henchy replied.
Regarding the fact that Mr Burke nominated the lawyer, accountant and bank used by the IRTC, Mr Henchy said this was a "matter of no importance". He did not know that Mr Burke had nominated the three parties but he was not concerned; they were reputable and reliable entities.
Mr Henchy took issue with the tribunal's assertion that the Dublin Airport branch of the Ulster Bank was nominated by the minister. The minutes showed the bankers appointed were "Ulster Bank Ltd", he said. The IRTC did almost all its banking in the Baggot Street branch of the Ulster Bank.
Mr O'Neill said the evidence was that the bank appointed was at Dublin Airport, the manager of which had given evidence to that effect. The tribunal had heard evidence that the branch dealt with the IRTC's overdraft. Mr Henchy said he had had no dealings with the banking side of the commission's activities.
At the oral hearings for the licence, Century was not asked a prepared question about transmission fees because it would be unfair to ask the station if it would "throw in the sponge" if the fees were not reduced.
He said the minister accused the IRTC of "intransigence" for refusing to allow Century to meet its requirement to provide news and Irish-language programmes on a partial basis at first.
The commission guarded its independence jealously. He feared it would suffer a judicial review if it granted such a dispensation.
Another member of the IRTC, Mr Frank Cullen of National Newspapers of Ireland, told the tribunal that RTE breached the regulations by advertising programmes across its channels and by having "one for everyone in the audience" on The Late Late Show. Mr Cullen said he supported Century's application because it had the best chance of success and seemed to have "what it took".
