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Dáil Éireann debate -
Wednesday, 9 Oct 2002

Vol. 554 No. 5

Priority Questions. - Flood Report Findings.

Eamon Gilmore

Question:

92 Mr. Gilmore asked the Minister for Communications, Marine and Natural Resources the Government's response to the finding of the Second Interim Report of the Tribunal of Inquiry into Certain Planning Matters and Payments that the ministerial directive obliging RTE to provide facilities to a company (details supplied) issued by the then Minister for Communications (details supplied) on 14 March 1989, was issued to advance the private interests of the promoters of the company and not to serve the public interest; the steps the Government intends to take to undo the commercial damage done to RTE as a result of the corrupt action of the then Minister; and if he will make a statement on the matter. [17074/02]

RTE receives substantial public funding in the form of the proceeds of the television licence fee to enable it fulfil its role as the national public service broadcaster. The level of the licence fee is set from time to time by Government. Any decision on the future level of the television licence fee will be made having regard to the services that RTE will provide going forward, the cost of those services and the commercial revenues available to RTE.

Since my appointment as Minister my Department has had regular meetings with RTE management in relation to the company's financial performance and outlook.

I wonder if the Minister is answering the right question.

It is Question No. 92.

Perhaps the Deputy should wait and hear what I have to say. He should calm down.

It is a rather strange opening.

I know there is a leadership contest in the Deputy's party and that he wants to make a name for himself but he should let me answer. He is very tetchy today and has already made a comment on public officials.

I did not.

He did.

Most significant issues of financial concern to RTE are raised at these meetings and some aspects of the company's licence fee application have been recently discussed with my Department. In this context my Department has made it clear to RTE that it is open to it to raise any concern it has relating to commercial and other operational constraints in the context of the application it is preparing. RTE management has welcomed this offer and has agreed to revert to the Department if necessary on this issue in the context of a licence fee application to be submitted later this year.

The existence of a strong and developing independent radio and television sector has been a positive feature of the Irish broadcasting environment in the past decade or so. Decisions on the funding of RTE cannot be taken in isolation from the wider broadcasting landscape in Ireland and this point is fully acknowledged in the report of the Broadcasting Forum. How RTE is funded and regulated will impact on the independent sector. My concern is to get the balance right and to provide for both public service and commercial broadcasting in a market environment where the rights of each party are fully respected.

I asked the Minister for the Government's response to the report of the Flood tribunal regarding the corrupt actions of former Minister, Mr. Ray Burke, in relation to RTE and broadcasting and in particular regarding the direct finding of the tribunal that Mr. Burke acted to advance the private interests of the promoters of a private broadcasting company to the disadvantage of RTE. As the Minister studiously avoided answering any part of that question I will ask the question again. Does the Government accept the findings of the Flood tribunal that the former Minister, Mr. Burke, acted corruptly in relation to his responsibilities in broadcasting? Does the Government accept the findings of the Flood tribunal that Mr. Burke acted to advance the interests of a private company rather than the public interest and has the Government made an assessment of the impact of those decisions on the finances and commercial viability of RTE? Has the Government considered the possibility that those affected by the corrupt actions of Mr. Burke, employees who lost jobs or companies which lost contracts, may take legal action against the State arising from the findings of that tribunal?

I stated earlier that my Department made it clear to RTE that it was open to it to raise any concerns. Since publication of the tribunal report my officials have requested RTE to make a submission in relation to any issues flowing from that report.

My question is about the Government, not RTE.

The Minister, without interruption.

I have only six minutes.

They are running out quickly.

We have asked RTE, since the publication of the Flood tribunal report, to indicate any areas of concern it has in that regard in connection with any future licence fee application.

Century Radio was up and running for two years. The Deputy's question implies a financial loss but it is up to RTE to indicate to me whether it incurred a financial loss as a result of decisions made.

The dogs in the street know there was a financial loss.

It is a fact that the decision made at that time has led to an independent broadcasting sector which is very vibrant, particularly in the radio sector. Regarding any adverse effect the Flood tribunal report findings had on RTE, I have asked RTE to bring forward its views in the context of a licence fee application to be made in the near future.

I am not asking the Minister about RTE's response. I am asking for his response to the finding by a tribunal established by this House that a predecessor of his acted corruptly and acted to promote the interests of a private company to the disadvantage of, and against, the public interest. As the Minister responsible for this issue, I again ask Deputy Ahern to outline his response to that finding of the tribunal. Do the Minister and the Government accept the finding of the tribunal?

The time is concluded.

Does the Minister accept the tribunal's finding?

It goes without saying that the Government and I accept the findings of the Flood tribunal report. If there was a financial loss to RTE over the period in which Century was in operation, we asked RTE to indicate to us the nature of that loss.

The Minister's officials indicated that at the time.

No. It is up to RTE to indicate to us whether it suffered a financial loss and that issue will then be examined.

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