Century almost stopped from going on air

The Independent Radio and Television Commission almost stopped Century from going on air because it had failed to provide for programmes in the Irish language, the tribunal heard.

The chairman of the IRTC, Mr Justice Henchy, phoned Century on the day before it was due to start broadcasting in September 1989 to say it would be stopped if it failed to comply with legal provisions to provide Irish-language programming.

Mr Kieran Mulvey, chief executive of the Labour Relations Commission, said it was astonishing that Century had failed to provide for the Irish language in its programmes in spite of commitments to do so when applying for the national radio licence.

He told Ms Emily Egan, barrister, for the IRTC, it was made quite clear to the station that the commission would refuse permission to broadcast unless this requirement was met.

"We weren't going to be the first public authority to preside over the demise of the Irish language," he said.

Mr Mulvey said he wasn't formally aware that Mr Ray Burke had effectively nominated the IRTC's banker, accountant and solicitor.

"However, I deal in the world of political reality and I assume the minister would have indicated certain political preferences."

Mr Mulvey said he assumed those appointed were reputable people who were bound by the codes of their own professions.

Asked why commission members decided to take decisions on a consensus basis rather than by votes, he said they were worried about leaks to the media.

Individuals might be identified as having voted in a certain way and this might restrict the commission's discussion on licence applications.

Another IRTC member, businesswoman Ms Gillian Bowler, said the commission was "gloomy" from the beginning about the prospect of an accommodation between Century and RTE on the issue of transmission fees.

There was a feeling that outside interventions would be needed to resolve it.

Her understanding was the IRTC's remit excluded members from getting involved in this issue; the legislation required them not to get involved, she told Mr Des O'Neill SC, for the tribunal.

Mr O'Neill said that while the Act was silent on the issue, nothing precluded the commission from looking at the matter of transmission charges.

Asked why the commission opted to dispense with the financial advice provided by its accountants when considering the bids for radio licences, Ms Bowler said this was because it couldn't afford the fees.