Former Communications Minister Ray Burke said he had not overstepped his ministerial powers when he ordered RTÉ to purchase transmission equipment and sites for independent broadcaster Century Radio.
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Mr Ray Burke
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Questioned by Mr Patrick Hanratty SC for the Flood Tribunal on where the authority to issue such an order came from, Mr Burke said that it was in Section 16 of the Broadcast Act.
He said that in March 1989, at the time he issued the Directive giving Century Radio a licence, he would have been told by civil servants in his department if he was overstepping his authority and as no one brought the matter to his attention he assumed it was within his powers.
Asked by Mr Hanratty whether anyone had told him he could issue such an order Mr Burke replied: "I can only answer in the negative . . .but it was outside my power, it would have been raised by my department."
The Tribunal is investigating why the minister issued a directive to cut the fee RTÉ could charge Century Radio for use of the transmission network.
According to evidence heard at the Tribunal this afternoon the annual charges calculated by RTE at £837,000 in the middle of February 1989 were reduced to £260,000 - a reduction of £598,350 - by Mr Burke’s Directive of March 14,1989, while once-off fees were also reduced by £222,500.
In evidence, Mr Burke told the Tribunal that he was under considerable political pressure to get the station up-and-running and that the estimated costs of mid February would have ensured that the station would never get off the ground.
Consequently, he said, he reduced the fees and ordered RTÉ to purchase sites and equipment for Century which, he believed, the Broadcasting Act entitled him to do.
Mr Burke also told the tribunal today that Century Radio had negotiated with RTÉ over maintenance fees, had not taken a "very laid back" attitude to the licence, but was unprepared to go above the £375,000 threshold.
His understanding of what happened, he said, was that the IRTC were expecting him to "move things along" and he had done so as far as he could.
Mr Hanratty SC for the Tribunal, said, however, that there had been no negotiations between RTÉ and Century in the months prior to the issuing of the licence
He added that despite evidence given by Mr James Stafford, one of the directors of Century, that negotiations had taken place, neither Mr Stafford nor any of the RTÉ witnesses could identify the times or dates of those negotiations.
Mr Burke will continue giving evidence on Tuesday.