A NUMBER of letters about Century Radio and RTE transmission charges were missing from the official Government files, the Flood tribunal heard yesterday.
Mr Michael Grant, assistant secretary at the Department of Arts, Heritage, Gaeltacht and the Islands, told the tribunal he could not find a 1989 letter from Mr Ray Burke, then minister for communications, to Mr Justice Seamus Henchy, who was the IRTC chairman at that time.
He also said that he had no record of two letters written by Century Radio director Mr James Stafford to Mr Burke in 1990. Mr Grant was assistant secretary at the Department of Industry, Commerce and Communications when Mr Burke was communications minister. The letter from Mr Burke to Mr Justice Henchy concerned the transmission fees being charged by RTE to Century Radio. In theletter, Mr Burke told Mr Justice Henchy that, at his "strong urging", RTE had agreed a reduction in transmission charges from £692,000 to £614,000.
Asked by Ms Nuala Butler, for the tribunal, if this letter should have been in the Departmental file, he said "there was no reason why it wouldn't be in the file". The tribunal then heard of two letters written by Mr Stafford to Mr Burke on February 26th and April 18th, 1990. In the letters, Mr Stafford emphasised the importance of a cap on RTE's advertising to ensure the survival of Century Radio.
Mr Grant told the tribunal that he had not found either letter on the Department's files. Ms Butler also asked why Mr Oliver Barry would have received a secret report on the future of the local radio sector.
The report, by a team of independent consultants, was drawn up for the interim Local Radio Commission in the mid-1980s. It was marked "strictly private and confidential" and was to be seen only by the communications minister, his Department and the interim Local Radio Commission.
Mr Grant said he could see no reason why any member of his Department "had any reason to even know or contact Mr Barry". The tribunal also heard how Mr Burke had rejected a proposal from his civil servants to make him accountable to a proposed advisory committee. Mr Grant said senior civil servants had drawn up a briefing note for Mr Burke when he took over as minister for communications in March 1987.
In it they suggested that he should use existing legislation to remove pirate stations and replace them with legal local stations. They advised Mr Burke to set up an advisory committee to issue the licences so that he could not be accused of abusing his position. They also said he should explain his reasons for rejecting the committee's advice. Mr Burke told them he agreed withthe suggestion on legislation but rejected the suggestion that heshould explain himself.