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'The system is weak': Just 29 sanctions for landlords in past year despite hundreds of investigations

In the majority of cases the landlord received either a written or monetary fine, or both, for breaches of rent pressure zone requirements.

THERE HAVE BEEN just 29 sanctions against landlords over breaches of rent pressure zone (RPZ) rules in the last 12 months, despite hundreds of investigations by the Residential Tenancies Board (RTB).

The new Investigations and Sanctions Unit at the RTB, which was set up in 2019 to  investigate potential breaches of rental law by landlords, has commenced 400 investigations to date and it approved a total of 245 investigations in 2020.

Of the 245 cases, some 70 were submitted to decision makers to decide on a  sanction. Independent decision makers determine whether or not an improper conduct has occurred and whether or not a sanction should be applied and the type or amount of any sanction.

In 28 cases over the last 12 months, the landlord received either a written or monetary fine, or both, for a breach of RPZ requirements by raising rent above permitted levels.

Since 16 July this year, rent in a RPZ can only increase by up to the percentage difference between the Harmonised Index of Consumer Pricing (HICP) (used to measure consumer price inflation) on the date that the rent was previously set and the date the new rent is set. Before that a landlord could only raise rent in one of these zones by 4% per year. 

A fine of up to a maximum of €15,000 as well as costs of up to €15,000 can be applied to landlords who are found to be in breach of rules and all fines are paid to the Exchequer. The RTB said none of the landlords who received a monetary fine have failed to make payments due. 

Sanction figures were revealed in response to questions from Social Democrats TD Cian O’Callaghan.

The majority of investigations last year (91.84%) related to allegations that a landlord raised the rent over the Rent Pressure Zone rules.

The remaining investigations related to a alleged failures to offer a tenancy back to a renter, non-registration and false or misleading reasons listed in a Notice of Termination. 

Speaking to The Journal, O’Callaghan said he believes the sanction figures for the largest area of investigation by the RTB indicate that the system of enforcement is “weak”.

“You would expect that most of these complaints, because they were considered substantial enough to investigate, would involve genuine, reasonable tenants,” he said. 

What we hear from people is that they generally won’t make complaints unless there’s an issue of substance because there’s the potential for conflict with their landlord, so most tenants won’t do that on spurious grounds.

He said it may be that some cases are hard to prove, as landlords who breach the rules sometimes make their demands verbally or request the additional payment amount in cash. 

“But the fact that just over 10% of the investigations are ending up in a sanction for landlords is worrying,” O’Callaghan added.  “It’s not that you’d expect 100% of these to result in a sanction but for almost nine out of ten not to result in a sanction is very concerning and does suggest something is awry here. “ 

O’Callaghan said a “complete ban on rent increases” is required to address the issue. 

“The Minister for Housing has been very vocal in saying that the RTB has enough powers and resource to enforce the rent limits but this reply from the RTB would indicate they haven’t been able to enforce them.”

CATU Ireland, the community action tenants’ union, said the situation is “unsurprising” at it often hears from members “of the failings of the RTB”. 

“Until there are consistent consequences for landlords breaking the law and an authority willing to actually regulate their actions, we will continue to see these unchecked abuses,” the union said.

“The lack of action or sanctions being brought in so many of these cases is exactly why our focus as a union is on direct action, empowering our members to confront landlords head-on rather than through a slow, ineffective middle-man.”

In response to a query from The Journal, a spokesperson for the RTB said investigations are at “varying stages” in the process and its Investigations and Sanctions Unit must  follow “specific legal procedures” when carrying out an investigation, including allowing appeal and response periods.

The spokesperson said RTB investigators have “wide-ranging and significant investigative powers” provided for in the legislation, including the power to inspect premises, compel persons to assist with the investigation by producing certain documents or attending an interview or oral hearing.

“The RTB investigations and sanctions regime allows proportionality to be applied to the sanctioning of potential breaches,” they added. “For instance, if a landlord acknowledges the improper conduct or not, this is taken into consideration, amongst other factors.”

The spokesperson said Covid-19 “greatly impacted the number of court confirmations” of sanctions as the courts were closed for large parts of 2020 and 2021.

“The 29 investigations referred to are those cases where the Circuit Court has confirmed the decision maker’s sanction,” they added.

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    Mute Willie Marty
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    Jul 1st 2024, 11:12 AM

    RTE should cut their losses and exit stage left.

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    Mute Brendan O'Brien
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    Jul 1st 2024, 11:18 AM

    @Willie Marty: As Joni Mitchell once sang, you don’t know what you’ve got till it’s gone.

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    Mute Rochelle Hart
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    Jul 1st 2024, 11:30 AM

    @Brendan O’Brien: Hands up who misses Tubridy on TV and Radio a year on?

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    Mute and the hit's just keep coming
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    Jul 1st 2024, 11:42 AM

    @Rochelle Hart: Tubirdy who ??? He had the personality of a traffic cone

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    Mute Mick Hanna
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    Jul 1st 2024, 2:41 PM

    @Brendan O’Brien: It would be missed like a dose of diarrhoea.

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    Mute A D
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    Jul 1st 2024, 4:05 PM

    @Rochelle Hart: I have always disliked tubridy.
    Rte could have achieved something worthwhile with the money they wasted on him.

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    Mute Brian Hunt
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    Jul 1st 2024, 4:42 PM

    @and the hit’s just keep coming: Tubridy went into hospital last year for a personality transplant, it was a failure!

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    Mute Mary.E.
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    Jul 1st 2024, 9:09 PM

    @Rochelle Hart:
    Who ?

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    Mute S Suilleabhain
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    Jul 1st 2024, 9:15 PM

    @Rochelle Hart: not even remotely. An unapologetic coward with dirty connections. Just the tip of the iceberg.

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    Mute S Suilleabhain
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    Jul 2nd 2024, 9:05 AM

    @Brendan O’Brien: we do know what would be gone & it would be immensely satisfying. It’s not proper public service broadcasting. It never was.

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    Mute Ken Fallon
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    Jul 1st 2024, 11:19 AM

    They did it before and it was a disaster. They only covered two days of the festival and it was mostly the presenters chatting to each other. Typical RTE incompetence.

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    Mute Gerry Keogh
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    Jul 1st 2024, 3:55 PM

    @Jimmy Wallace: Their coverage at the Olympics always was excellent and especially at Rio where the female presenters really came into their own….something a lot of us take for granted

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    Mute A D
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    Jul 1st 2024, 5:03 PM

    @Ken Fallon: Any coverage of the festival should show just the music.
    RTE presenters should stay out of it.

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    Mute S Suilleabhain
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    Jul 1st 2024, 9:17 PM

    @Ken Fallon: yes but they weren’t compelled to have that narcissist Eoghan presenting, they chose to. Then again, knowing rte it could have been so much worse I met that Roz what’sit individual once upon a time. she was with some girl from the rte show Fake street – a pair of complete eegits

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    Mute LCD4533
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    Jul 1st 2024, 11:29 AM

    They should partner up with YouTube or Instagram and show it live. Unfortunately RTE missed the boat when it came to digitally advancing its platform. If it were to stream over RTE player, the 7 viewers would inevitably struggle with buffering and the endless adverts

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    Mute Richard K
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    Jul 1st 2024, 11:50 AM

    @LCD4533: In fairness to RTE, that was once true of the RTE Player but not anymore. I regularly watch live sport on it and never have buffering issues and there are no ads for live events. My only gripe is that it’s about 20 to 25vseconds behind the TV coverage. The Virgin Media player is much worse. The sound is regularly completely out of sync with the picture.

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    Mute Brian Keelty
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    Jul 1st 2024, 1:39 PM

    @Richard K: the RTE player has more bugs, than the local hospital.

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    Mute Brian Hunt
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    Jul 1st 2024, 4:54 PM

    @Brian Keelty: I wonder which in-house genius got the mega bucks for throwing it together?

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    Mute S Suilleabhain
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    Jul 1st 2024, 9:14 PM

    @Brian Keelty: fitting ,it’s partly because of rte that the whole public healthcare infrastructure is headed for complete ruination
    Of course, in most countries that laugh at the state of us in Ireland, they’d wonder how the lads at the top pulling the strings in the HSE have even gotten away with this for so long.

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    Mute SerotoninWars
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    Jul 1st 2024, 11:22 AM

    I’d say yes but let’s face it the overall quality of the acts has dropped off a cliff in recent years. At this stage All Together Now might be a better bet out of the bigger festivals. I like some dance and electronic but it’s become tediously standard at this stage. It’s a long time since it was the chippy fresh newcomer. Watching DJs on TV is an absolute bore. Heavy music is as ever almost completely ignored in Irish festivals and conversation despite every gig I go to being completely sold out. You have to really dig at most of the big festivals to move beyond the retro and beige.

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    Mute Richard K
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    Jul 1st 2024, 11:46 AM

    Yes but focus on showing the music and interviews with the acts and not on presenters talking to each other

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    Mute Jim O'Sullivan
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    Jul 1st 2024, 11:57 AM

    What about showing us important games like the quarter-finals of the All-Ireland instead of exploiting these games to make money? Equipment bought with public money is used to cover GAAGO.

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    Mute ecrowley ecrowley
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    Jul 1st 2024, 11:29 AM

    While EP isn’t my thing at all, you’d think RTE would want to celebrate the largest festival in the country. BBC do great coverage of Glastonbury but it could be argued that they have the resources to cover it properly, and more importantly, the know-how.

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    Mute SerotoninWars
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    Jul 1st 2024, 11:34 AM

    @ecrowley ecrowley: Yes, the BBC has resources and infrastructure that barely any broadcaster on the planet can match, never mind Ireland. Hugely expensive to do these things too and with the current wave of RTE the kickback against what many perceive as a jolly would be huge. Many don’t realise that there is a huge amount of hard work going on behind the presenters who look like they are having a good time. But that’s all that many would focus on.

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    Mute SerotoninWars
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    Jul 1st 2024, 11:37 AM

    @SerotoninWars: *current wave of RTE hate

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    Mute ecrowley ecrowley
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    Jul 1st 2024, 12:07 PM

    @SerotoninWars: Ya, it would definitely be seen as needless spending in the current climate.

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    Mute SerotoninWars
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    Jul 1st 2024, 1:04 PM

    @ecrowley ecrowley: Alternatively they could get properly trolling for the clicks. Bring Tubridy back to present the Electric Picnic! The rage from Journal commenters alone would power the national grid for the next year!

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    Mute James T.Kirk
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    Jul 1st 2024, 1:09 PM

    @ecrowley ecrowley: The largest is the Fleadh, which they cover with TG4.

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    Mute ecrowley ecrowley
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    Jul 1st 2024, 1:09 PM

    @SerotoninWars: Haha that’d be amazing. Outrage amplified!

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    Mute ecrowley ecrowley
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    Jul 1st 2024, 1:19 PM

    @James T.Kirk: Music coverage across terrestrial channels is pretty good. I wouldn’t know numbers on Fleadh or other festivals but it’s a moot point as the stuff I listen to isn’t covered at all.

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    Mute Mick Duvanny
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    Jul 1st 2024, 11:20 AM

    I doubt there is any commercial value in showing it live. Most of the people who really want to see the act will already be at the venue.

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    Mute Brendan O'Brien
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    Jul 1st 2024, 11:23 AM

    @Mick Duvanny: RTÉ isn’t just a commercial broadcaster, and the same argument could be made about major sporting events.

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    Mute Brian Hunt
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    Jul 1st 2024, 4:48 PM

    @Brendan O’Brien: Yes, it’s also a government propaganda purveyor!

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    Mute S Suilleabhain
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    Jul 1st 2024, 9:12 PM

    @Brendan O’Brien: it’s not often if ever that I agree with you. Spot on

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    Mute S Suilleabhain
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    Jul 2nd 2024, 9:01 AM

    @Brian Hunt: actually you’re spot on
    .

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    Mute Magnificent Mongoose
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    Jul 1st 2024, 11:35 AM

    I would say yes to showing live performances but RTE has proven before that they are incapable. Snippets of live performances and boring chat.

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    Mute SerotoninWars
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    Jul 1st 2024, 11:41 AM

    @Magnificent Mongoose: I’m not sure who has ultimate responsibility but thinking about the New Years Eve live bash on RTE each year…we have a wad of amazing bands and musicians across many genres and what do we get…a washed up boyband. That’s how much they think of the public.

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    Mute J Ven
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    Jul 1st 2024, 11:30 AM

    A small country like ours normally has one state TV channel, maybe two to include TG4, plus one radio station, that’s it. That’s the meaning of national broadcasting for society’s interests. Show the Dáil Éireann sessions, etc, not to show movies, and commercial interests being subsidised by the tax payer

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    Mute ahhhhh Ted...... Tubridys going into comedy
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    Jul 1st 2024, 12:34 PM

    Why not Virgin media. RTE can’t wash it’s face nevermind paying millions for rights to a private entity.

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    Mute tiobraiddroicead
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    Jul 1st 2024, 4:33 PM

    How about a poll on cutting public funding to rte?

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    Mute Roman Walczak Sadlowski
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    Jul 1st 2024, 12:10 PM

    If anything E.P should have its own YouTube broadcasting if it wishes to provide free access.. or create a paid access for events on YouTube to further enhance income so the next event can be even better. Why should RTE benefit..

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    Mute S Suilleabhain
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    Jul 1st 2024, 9:11 PM

    @Roman Walczak Sadlowski: why should EP profit further in this way? Completely disagree with you. Meanwhile in Britain, supposed leftie Michael eavis is looking like quite the Tory with what he charges for a Glastonbury ticket now.

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    Mute Karen Marten
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    Jul 1st 2024, 1:36 PM

    No way sure they can’t over the st Patrick’s day parade with out talking over it all and rubish camera cover

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    Mute bruce banner
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    Jul 1st 2024, 12:32 PM

    They would need some decent sound engineers first though. Rte ones have always been awful.

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    Mute Michael o connor
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    Jul 1st 2024, 6:15 PM

    I’d love to see D4orbes up on the stage explaining her role in the RTE saga!

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    Mute David O Brien
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    Jul 1st 2024, 6:32 PM

    @Michael o connor: I’d pay to see that!

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    Mute S Suilleabhain
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    Jul 1st 2024, 9:08 PM

    @Michael o connor: who in your view is more rotten to the core Id love the journal to do a poll
    A) Frances Fitzgerald
    B) Dee Forbes
    C) Noirin o Sullivan
    D) Al equal
    E) I’m a me feiner I defend corrupt rte, corrupt hse etc

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    Mute CWrex
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    Jul 1st 2024, 1:10 PM

    Its complicated. The BBC are a huge operation and can afford to employ someone for 12 months to cover just the ‘Rights’ alone for such a festival. It would only take one band to say no to skew the whole thing. Remember when England said “No” to the Free to air rugby internationals and it fecked-up the schedules?

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    Mute Mick Hanna
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    Jul 1st 2024, 2:39 PM

    Who Cares! Unless It’s Subscription Only! YOU WANT IT, YOU PAY FOR IT!!!

    18
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    Mute Paddy C
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    Jul 1st 2024, 1:11 PM

    They should sit down and figure out how to run without bailouts and TV licence fees for mediocre entertainment at best. It’s the channel I give the least time to minus the news and weather the rest is good for sending you asleep,garbage.

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    Mute S Suilleabhain
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    Jul 1st 2024, 9:25 PM

    @Paddy C: on the contrary, the ag

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    Mute S Suilleabhain
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    Jul 1st 2024, 9:26 PM

    @Paddy C: the agenda ridden news with it’s very patronising tone and selective reporting, is also good enough to put many to sleep.

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    Mute Athena
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    Jul 1st 2024, 1:59 PM

    What RTE should do, is develop a viable business model. So, now in addition to TV licence, the government (taxpayer) are ranting more funding to this moloch.

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    Mute Mick Hanna
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    Jul 1st 2024, 9:38 PM

    @Athena: Without The TV Tax!!!

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    Mute S Suilleabhain
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    Jul 1st 2024, 9:03 PM

    RTE is corrupt and completely out of touch. It should not exist in its current form and doesn’t provide public service broadcasting – it’s a rubbish entity with an incredible political bias – you just have to look at Miriam o Callaghan’s career in terms of her connections but many give her a preposterous free pass cos of that condescending but presentable style she has. Absolutely never going to tune in again the damage is done

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    Mute John Nolan
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    Jul 1st 2024, 3:42 PM

    Usual moaners on again

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    Mute S Suilleabhain
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    Jul 1st 2024, 9:07 PM

    @John Nolan: pointing out that rte pushes non stop propaganda right down to who’s obnoxious are fheis gets promoted all the whole sole of the rubbish they broadcast isn’t moaning. Stop objecting to people highlighting wrongdoing and calling it moaning. I’m confident that you moan, the question is whether it’s about me fein for you ? For others it’s about Sinn Fein (not the political party) although how appropriate since they smear them non – stop

    While I’m on the subject, has rte been caught out even on six one televising the Muslim cal to prayer being done in Croke park? I’ll happily moan about that no organised religion that promotes such fear and terror, including the RCC should get this free ride

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    Mute Wayne Shoes
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    Jul 1st 2024, 4:19 PM

    Ask fine Gale they love the arts..Not

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    Mute ron don
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    Jul 2nd 2024, 1:54 AM

    What a brutal “Poll” just televise things, Virgin, RTE who cares

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