RTÉ’s legal pursuits - People with status avoid rigour of law

WHAT’S the difference between a person who fails to pay a fine for not having a TV licence and someone who falls more than €1.5 million short of a legally binding payment to a State-owned corporation?

The answer is that an average citizen can end up in jail while a politician can get away with not stumping up a whopping €1,575,000.

The facts are clear cut. Since 2003, some 167 people have been imprisoned for failing to pay fines incurred for not having a television licence, which costs €158. This includes 18 people jailed so far this year for the offence.

In stark contrast with their fate, Independent Mayo TD Beverley Flynn had bankruptcy proceedings against her dropped by RTÉ in return for less than half the money she owes the national broadcaster. She has until August 17 to pay up.

This inequitable scenario confirms the age old perception that one law exists for people of status while those of lesser means are subject to a different regime.

In all, Deputy Flynn was supposed to pay RTÉ €2.8m — €2.3m in legal costs and €500,000 in interest. However, RTÉ agreed to settle for €1.225m from Ms Flynn rather than pressing bankruptcy proceedings against her.

Naturally, one cannot condone those who do not purchase a TV a licence or fail to pay the fine for not having one. Obviously, there can be a degree of intransigence in certain cases, but the idea of putting people behind bars for such a relatively minor crime is heavy handed in the extreme.

There is merit in Fine Gael Deputy Fergal O’Dowd’s contention that RTÉ should be enabled to secure an attachment of earnings order in relevant cases. Rather than go to jail, people who fail to pay the licence fee would get a breathing space to repay fines over a period.

Clearly, events can take an entirely different course in the realm of politics. While a strong whiff of political opportunism surrounds the Fine Gael intervention in the controversy, it is hard to disagree with Deputy O’Dowd’s observation that “Beverley has got away with a million bucks at least”.

He rightly condemns the inequity of a situation where people were imprisoned for failing to pay relatively small fines. Especially when their predicament is compared to the Flynn deal, involving payment of less than half the €2.8 million she owed RTÉ following her failed libel action against the national broadcaster.

Any TD declared a bankrupt, is automatically forced to leave Dáil Éireann. Were that to happen in the Flynn case, Taoiseach Bertie Ahern would lose her support for the coalition administration.

At the same time, she would forfeit the prospect of being readmitted to Fianna Fáil, not to mention her chance of securing the junior ministry hinted at by the Taoiseach.

In the interest of fairness, and in light of the skewed deal struck in the Flynn case, RTÉ should actively lobby the Government for a more lenient approach to licence offenders.