The Gazette 1986

INCORPORATED LAW SOCIETY OF IRELAND GAZETTE Vol. 80. No. 1 JANUARY/FEBRUARY 1986

One Law?

T 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.

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