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Burke accused of exceeding his ministerial powers

Lawyers for the Flood Tribunal have accused the former Minister for Communications, Ray Burke, of exceeding his powers in a 1989 directive on transmission charges. Pat Hanratty, senior counsel, said that there was no power in the Broadcasting Act for Mr Burke to order RTÉ to buy equipment for use by Century Radio. Mr Burke's lawyers have objected, claiming that it is outside the terms of reference of the tribunal to interpret the legislation. Aidan Walsh said that it was unfair that he should be tortured in the witness box 12 years later. Mr Burke has denied he exceeded his powers.

Earlier today, Mr Burke told the Flood Tribunal that he was under political pressure to get Century Radio on the air in 1989. The Tribunal is investigating why the minister issued a directive to cut the amount that RTÉ could charge Century Radio for use of the transmission network. Tribunal lawyers have claimed that he ignored the advice of civil servants, who believed that RTÉ’s charges were reasonable. Mr Burke said that he made his decision based on other independent advice, but he said that he was also under pressure, both politically and from the IRTC, to get the new station on the air. He referred to a statement by the Fine Gael leader, Alan Dukes, which called on him to intervene. He said that, at the time, Fianna Fáil was in a minority government and was dependent on the support of Fine Gael.