We’ve to foot €50k bill for Greens’ case

TV licence payers will have to help cover the estimated €50,000 legal bill from Eamon Ryan’s unsuccessful attempt to take part in RTÉ’s first leaders’ debate of the General Election.

The Green Party had taken the legal challenge against RTÉ on the basis that its leader, Mr Ryan, should be entitled to take part in the seven-way leaders debate hosted by Claire Byrne – but the court rejected it on the basis that the party had no Dáil TDs at the time.

The case took ten hours of court time and the verdict to exclude the Greens from the broadcast was given just hours before the first RTÉ debate took place on February 15.

In its decision, the High Court upheld RTÉ’s entitlement to make its own editorial decisions under its constitutional right to freedom of speech.

Normally, the losing side would pay costs automatically. But the matter of costs reached a full hearing this week after Tom Kivlehan – the Green Party trustee in whose name the case was taken – objected to any order for costs being made against him.

Yesterday afternoon, Ms Justice Marie Baker ruled that the Greens had raised an issue of sufficient importance to allow them to avoid paying the national broadcaster’s costs – but that Mr Kivlehan will still have to pay his own bill for taking the case.

That bill could be as high as €50,000.

RTÉ’s funding comes mostly from its licence fee and advertising.

Giving her ruling on costs, Judge Baker said her February 15 decision in RTÉ’s favour had been of ‘some benefit to the public at large and of some benefit to the media at large’.

Mr Ryan, who won a seat for his party in the election, was not in court but Mr Kivlehan attended.

Later, Mr Ryan told the Irish Daily Mail he was ‘relieved and pleased’ with the ‘very significant’ costs decision, adding: ‘ I’ m thrilled to hear it. It’s an indication that there were issues of public interest here.’

The Greens were decimated at the 2011 election after pulling out of coalition with Fianna Fáil – but Mr Ryan and the party’s deputy leader Catherine Martin both won Dáil seats at the weekend.

Ms Martin said on Saturday after being elected: ‘The Greens are back in town.’

On Sunday, Mr Ryan said of his win: ‘I think we are the first party to lose all its seats in the Dáil and to come back.’

Comment – Page 14

‘I’m thrilled to hear it’