Sky refuses to deny legal action

SKY TV has refused to rule out legal action if the Government presses ahead with its plans to make major sporting events freely available to terrestrial TV.

Mark Deering, Sky's Irish director, yesterday declined to answer questions about a legal challenge to proposals by Communications Minister, Dermot Ahern, to designate Irish soccer internationals as free-to-air.

Such plans were initiated by the Government last month after details emerged of the controversial 7.5m euro deal between the Rupert Murdoch-owned station and the FAI for exclusive TV rights to Ireland's home internationals in the qualifying stages of the 2004 European Championship.

However, a constitutional challenge to the Broadcasting (Major Events Television Coverage) Act 1999 appears increasingly likely as Sky insists there is no need to designate such games as free-to-air.

Mr Deering said Sky's existing agreement with the FAI adequately covered concerns about public access to major sports events on TV. The current contract will allow for full "as live" coverage of games to be shown on TV3 within one hour of the final whistle being screened on Sky Sports.

Under the EU Television Without Frontiers directive, Mr Ahern is about to finalise a list of major sporting events, including all competitive soccer and rugby internationals as well as the All-Ireland football and hurling finals that will be kept free from pay-TV channels.

Yesterday, at a public forum on the issue in Dublin, Mr Ahern said he was confident that the legislation could be applied retrospectively to ensure Ireland's soccer internationals would remain available at no extra cost to Irish TV audiences.

The Minister said he was determined "to ensure as far as is practicable that participation in our major events will not depend on an ability to pay for subscription or pay-per-view TV services".

"The depth of your pockets should have nothing to do with it," he said Mr Ahern.

He was one of several speakers to express regret at the decision of the country's three main sporting bodies, including the FAI, to boycott the public forum in Dublin Castle.

"It is important for the general public to get the opportunity to hear the views and understand where these organisations are coming from," the Minister said.

The FAI, IRFU and GAA are continue to oppose the proposed list of events on the basis that it would remove a major source of their revenue. However, the three bodies will hold a one final meeting on the issue with Mr Ahern tomorrow.

He will then draft a final list for approval by the Cabinet next month before it is also ratified by the Dáil in October. It will then be submitted to the EU in Brussels for what is regarded as little more than a rubber-stamping exercise.

Only four out of the 15 EU members Germany, Italy, Austria and Britain have so far designated sports and cultural events as free-to-air, under the EU directive.

Calls were also heard yesterday for GAA provincial finals and the FAI Cup Final to be added to the list of sporting events to be made freely available to terrestrial TV.