Mr Ray Burke told a senior civil servant in October 1987 that a decision had been made to introduce national commercial radio, the tribunal has heard.
However, prior to that Mr Burke had given no instructions to his officials about the matter, Mr Seamus O Morain, a principal officer in the Department at the time, said yesterday.
He said Mr Burke, the then minister for communications, told him about the decision to provide national radio on October 28th, 1987. Only 22 days previously, on October 6th, the government had agreed to provide licences for new community and local radio stations.
Ms Patricia Dillon SC, for the tribunal, referred to a letter from Mr O Morain to the parliamentary draftsman's office dated October 28th, 1987. In the letter, Mr O Morain indicated that following consultation with the minister that day, it had been confirmed that the Government intended to have an independent national commercial radio service in addition to local community radio.
Ms Dillon asked if Mr O Morain remembered meeting the minister that day. Mr O Morain said he could not say he had a picture of the day.
He continued: "But I'm quite satisfied that it arose from a direct engagement that I would have had with Minister Burke, I assume on the day in question . . . I've no doubt that the instruction in question emerged from an engagement I would have had with the minister on that day," he said.
Ms Dillon asked if his record of what transpired accurately reflected the direction he received from the minister that day. Mr O Morain said it did.
Counsel asked: "Would this to your knowledge be the first suggestion that national radio was now to be part of Government policy?"
Mr O Morain replied: "I would have difficulty in saying categorically that the issue of the thinking of the minister in relation to his desire for diversity in broadcasting - that this was the first time that the issue had arisen in a general discussion.
"However, I would be quite satisfied that there had never been any crystallisation in the minister's mind such as would enable me to interpret or infer that he had taken a decision. It seems to me it is quite clear that he made the decision that he should promote a national radio service and told me that day," Mr O Morain said.
Ms Dillon said there was nothing in the documentation to indicate that the Department was doing work or making any recommendation up to that point to any minister in relation to the introduction of national radio.
Mr O Morain said that was quite true.
She said the government decision on the Local Radio Bill was made on October 6th, 1987. So following the instruction from Mr Burke on October 28th, it was necessary to go back to government for a decision on national radio.
Mr O Morain said he would have considered the nature of the change was such that it would have to be brought to the attention of government.
Ms Dillon said it was brought a to a government meeting on November 16th, 1987 and the government approved the draft of the Bill that had been submitted by the minister, which included the concept of a national radio station for the first time.