The High Court has rejected an attempt by the Green Party to secure a court order compelling RTÉ to provide live television coverage of its ardfheis next weekend.
The Greens had sought live coverage comparable to that given by RTÉ to parties described as of at least equivalent political stature - the Labour Party, the Progressive Democrats and Sinn Féin. The Greens have six TDs and two MEPs.
RTÉ had argued its decision was based on the fact that the Green Party did not meet the qualifying criteria applied by the station in determining whether to provide live coverage.
Following Ms Justice Carroll's dismissal of the application yesterday, lawyers for the Green Party said they were considering whether to bring an appeal to the Supreme Court.
Ms Justice Carroll, who had heard submissions on Friday and reserved her judgment, said the Greens had stated RTÉ was under a statutory duty to be objective and impartial. It was claimed by the party that the criteria used by RTÉ were overly rigid and took no account of the European Parliament elections.
RTÉ had argued the court should respect the discretion given to it in regulating its schedule and that the court could only interfere if it was satisfied that the criteria or guidelines adopted were irrational. This was not a referendum situation, the judge said. She could not say that the decision of RTÉ "flew in the face of common sense".
Ms Justice Carroll said it was not for the courts to lay down the criteria for the broadcasts. Those adopted by RTÉ could not be said to be illogical. There was no suggestion RTÉ had acted other than in good faith and the Greens were not entitled to the relief sought.
In an affidavit, the Green Party general secretary, Mr Stiofán Nutty, said RTÉ had informed the party last January it would not provide any live coverage of the ardfheis next weekend. The apparent basis for RTÉ's decision was the criteria it applied in determining which parties ought to be given live television coverage. They had to have at least seven TDs or 5 per cent of the national first preference vote in the last general election.
Mr Nutty said he had been advised by counsel and believed that this was far too crude and inflexible a measure and was unlawful. He said it had also been departed from. For instance, before the last general election the PDs had fewer than seven TDs and received 4.7 per cent of the national vote.
RTÉ decided to change the rules and granted the PDs a reduced 30-minute live coverage slot.
Mr Peter Feeney, head of RTÉ public affairs policy, said the criteria adopted constituted a reasonable attempt by the national broadcaster to determine what level of live coverage should be provided for ardfheiseanna.
While RTÉ would not be providing live coverage of the Green Party's ardfheis, the party was guaranteed a certain level of radio and television coverage, Mr Feeney said.
The court will hear submissions in relation to costs today.