Dáil Éireann díospóireacht -
Thursday, 14 Dec 1995

Vol. 459 No. 8

Written Answers. - Radio Licences.

Noel Ahern

Ceist:

87 Mr. N. Ahern asked the Minister for Arts, Culture and the Gaeltacht if he will make a statement on the position of the Independent Radio and Television Commission and the granting of new radio licences following the decision of the European Court of Human Rights to the effect that Governments may not prevent new private broadcasting stations in order to protect public stations and that the protection of Article 10 no longer exists. [19065/95]

Minister for Arts, Culture and the Gaeltacht (Mr. M. Higgins)

Under the Wireless Telegraphy Acts 1926-88 the issue of licences for radio transmitters is a matter for the Minister for Transport, Energy and Communications. I have no statutory function either in the issue of such licences or in connection with any application for a licence.

I understand that the judgment to which the Deputy is referring and which was delivered by the court in November 1993 related to the specific circumstances existing in Austria whereby under Austrian legislation the right to establish either a radio or television station was restricted to the Austrian Broadcasting Corporation.

As the Deputy is aware, Article 10 of the European Convention on Human Rights specifically states that "this Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises." The judgment of the court has not altered this provision. In the light of the legal regime relating to broadcasting that exists here, I believe that the judgment is not relevant to the Irish situation.