Two candidates in European elections seek court order for inclusion in RTÉ debate

Two candidates in this month's European Parliament elections are seeking High Court orders allowing them to participate in an RTE television live debate.

The actions have been brought by two independent candidates - Ben Gilroy and Eamonn Murphy - who are running in the Dublin constituency.

Both say they will not be included In a live debate due to be broadcast by RTE on May 20, four days before the ballot. Both seek various orders and declarations form the court that would allow them to participate in the live debate.

Mr Gilroy initiated his action late last week, whereas Mr Murphy came to court today and informed Mr Justice Leonie Reynolds he wished to make a similar application.

Niamh Hyland SC for RTE, which opposes the two actions, said the broadcaster contends Mr Gilroy's case was not properly constituted.

Counsel said RTE only became aware of the action brought by Mr Murphy, who has also been excluded from the RTE live debate, today

Counsel said that Mr Murphy's case differed from Mr Gilroys as Mr Murphy was also contesting a decision not to show a one minute video that he furnished to RTE concerning his campaign.

Videos of a similar length from all the other candidates seeking election to the European Parliament are being shown by RTE.

However, Mr Murphy's video was deemed to be in breach of the Broadcasting Act and the BAI's code of conduct by RTE, which informed him of its decision.

Mr Murphy told the court he intends to challenge that decision by RTE.

Ms Justice Reynolds, who noted that an issue in the cases could be that the actions should be brought by way of judicial review, adjourned Mr Gilroy's case to this afternoon when it will be heard by Mr Justice Senan Allen.

As separate issues seemed to be raised in Mr Murphy's intended action, the judge said it should be adjourned until tomorrow morning.