The Government would not be legally responsible if it insisted Ireland's home soccer games be shown on a "free-to-air" service, it has emerged.
Fine Gael MEP Mr John Cushnahan said the European Commissioner for Education and Culture, Ms Viviane Redding, had assured him the Government could draw up a list of "protected" sporting events that must be shown on a free service.
The Minister for Communications, Marine and Natural Resources, Mr Ahern, had expressed concern that sporting organisations could resort to the courts if a protected list was drawn up.
But Mr Cushnahan said he had been assured by Ms Redding that any legal action would be served on the Commission through the European courts.
"On the issue of any subsequent legal action, her opinion was that if such a course of action was taken then in all probability it would have to be resolved in the European Courts and citing her, because as the responsible Commissioner she would have to give approval to any proposed list."
As a result of the Commissioner's opinion and comments made by Dr Roddy Flynn of Dublin City University, Labour have urged the Government to "make up for their past failure by immediately designating the games".
The party's Communications spokesman, Mr Eamon Gilmore said: "Since the FAI/Sky deal, Ministers Dermot Ahern and John O'Donoghue and the Taoiseach, have all claimed that there is now nothing the Government can do to rescue these games for Ireland's football supporters. That is simply not true.
"Minister Dermot Ahern and the Taoiseach, have to make up their minds. Whose side are they on? The Irish public, who re-elected them to Government? Or, Rupert Murdoch, whose newspapers campaigned for Fianna Fail?