Court dismisses challenge over Limerick radio licence

The High Court yesterday cleared the way for the Independent Radio and Television Commission to decide next who should get the…

The High Court yesterday cleared the way for the Independent Radio and Television Commission to decide next who should get the radio licence for Limerick city and county.Ms Justice McGuiness dismissed a challenge by four unsuccessful applicants to IRTC's decision to reject their applications at a preliminary stage.The IRTC will meet in Dublin on Wednesday to consider which of four applicants dwho succeeded in getting to the final stage of the selection procedure should receive the licence.The four unsuccessful applicants - Maigueside Communications Ltd; New Limerick FM Ltd; Limerick 95 FM Ltd; and Michael Richardson. John Franks and Wendi Ferris-Richardson, trading as Big L Radio Limerick - had challenged the procedures adopted by the commission. They claimed they had a right to be told why they were precluded from the final selection stage.In her judgment yesterday, Ms Justice McGuinness said that in essence the unsuccessful applicants had sought to overturn the decision of the commission and replace it with a decision in their favour. But the Supreme Court had already decided that it was not open to the applicants to challenge the commission's decision.The remedy of judicial review did not provide an alternative form of appeal against administrative decisions. The applications had to be considered in the light of matters set out under the Radio and Television Act, 1988, and there was no evidence before her to suggest this had not been done.