The Gazette 1986

INCORPORATED LAW SOCIETY OF IRELAND

GAZETTE

Vol. 80. No. 1

JANUARY/FEBRUARY 1986

One Law?

he appearance of newspaper advertisements cele-

brating the continuance for 5 years of what is

apparently an illegal activity may be seen as a tribute to

a robust and free press. Since however the anniversary

in question is that of a pirate radio station, the publi-

cation may be seen as a triumphant celebration of the

failure of successive governments to enforce the law of

the land. It may well be that there is public desire for a

different style of radio presentation or programme

contents from those available from RTE. If there is it

may be appropriate that independent radio stations

should be permitted to meet this demand. Legislation

has too long been promised. The delay in producing this

legislation, so typical of recent administrations does not

however excuse the continuance of the present flouting

of the law.

The absence of any determined attempt to enforce

any illegal radio station to cease operation is impossible

to justify. It may be, though there do not seem to have

been any failures in the Courts, that there are difficul-

ties about instituting proceedings against the operators

of illegal stations. If a direct prosecution for operating

an illegal station is unlikely to succeed there may be

other ways of choking the cat which might render the

operation of such stations commercially impossible.

The local planning authorities are not slow to bring

proceedings under Sections 26 and 27 of the 1976 Plan-

ning Act to curtail the operation of other unlawful uses.

It is curious that it was left to third parties to explore

this approach. If the operation of a radio station is

unlawful then will not the illegality taint transactions

connected with the operation of the station. Should

advertisers' payments to the station be deductible

expenses for tax purposes? Any advertiser who to a

lesser or greater extent is subject to some state control or

supervision might perhaps be advised that the continu-

ance of supporting the illegal activity of the pirate radio

station is not consistent with support from the State.

From a lawyer's point of view the even more interesting

thought occurs that any body corporate which advertises

on such a station is indulging in an ultra vires activity

since it surely cannot be an activity permitted by its

Memorandum of Association.

This failure to clamp down on unlawful activities

contrasts curiously with the decision to renew the res-

trictions applied to RTE under Section 31 of the Broad-

casting Act. No similar restrictions can be placed on

pirate radio stations, which are outside the jurisdiction

of the Act. The Government's failure to prevent the

operation of unlawful broadcasting stations means that

freedom of the air has been granted to those spokesmen

for unlawful organisations whom the Government

rightly feels should not be permitted to preach their

dangerous creed on the air waves.

Increasingly it appears that in every facet of the State's

activities, particularly in the areas of taxation and the

collection of fines imposed by the Courts, it is the law

abiding who suffer for being good citizens. Those who

readily or voluntarily submit to the jurisdiction of the

State are hard pressed, while those who thumb their

noses at the system escape scot free. Is it any wonder

that the black economy grows as people see that the

"consent of the governed" operates to the detriment of

those consenting. It is the duty of a governemnt to

govern, to apply the laws without fear or favour. It is

also the duty of the government to seek out those who

choose to ignore or reject the laws and to ensure that

such people are brought within the laws.