Dáil Éireann Debate, Thursday - 13 July 2023
103. Deputy Ruairí Ó Murchú asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media if she will provide an update on her interactions, and those of her Department, with the RTÉ board and executive board in relation to the ongoing issues at the broadcaster; if she will outline the terms of reference for the inquiries into RTÉ that her Department is involved in; and if she will make a statement on the matter. [34631/23]
Amharc ar fhreagraSince the issues relating to the understatement of the remuneration of a contractor in RTÉ first came to light on 22 June last, I have met twice with the Chair of the RTÉ Board and spoken with her by phone on several occasions. I met with the Chair on 24 June and after that meeting I announced that there would be an independent examination of RTÉ. The second meeting with the Chair on 6 July last also included the new Director General and the Acting Deputy Director General.
My interactions with the Chair and the new Director General have emphasised the need to ensure that RTÉ fully cooperates with all questions, Oireachtas hearings and examinations that are underway, so that they can establish the facts on issues that have arisen. In addition, I have focused on addressing these issues as a first step in restoring trust and confidence in RTÉ by the Irish public, who are the audience and funders of RTÉ, the Oireachtas to whom RTÉ is statutorily accountable, and the many dedicated and hard-working professionals in the organisation who had nothing to do with these issues.
In our most recent meeting on 6 July last, I stressed to the incoming Director General that it is now critical that he works, from day one, to change the tone and culture between the executive and the board and staff and that he addresses the widening gulf between RTÉ and its audience.
The Director General committed to full cooperation with the independent root and branch examination and the forensic accountant that I am commissioning, and it was agreed that these actions would complement the work and reform of RTÉ that he is planning.
The details of the examination are as follows:
Review of Governance and Culture in RTÉ
The first strand of the examination will identify any failures or weaknesses in corporate governance or organisational culture that are likely to have contributed to the findings of the Grant Thornton reports commissioned by RTÉ in relation to certain payments and understatements of earnings in the 2017-2019 and 2021-2022 periods.
The terms of reference of this element are:
i. Conduct an examination of RTÉ’s corporate governance framework and advise the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media on whether the corporate governance framework:
(a) reflects best governance practice for Commercial State Bodies as set out in the Code of Practice for the Governance of State Bodies;
(b) complies with the relevant legislative provisions which apply to RTÉ; and
(c) includes a robust system of internal governance, including appropriate divisions of responsibilities, operational procedures, internal checks and balances relevant to the organisational context of RTÉ and direction and oversight by the Executive Board and the RTÉ Board. This will include an examination of the barter account and its governance.
ii. Where applicable, make recommendations to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media on changes to RTÉ’s corporate governance framework to ensure robust public accountability.
iii. Provide an assessment of any organisational cultural characteristics and ways of conducting business within RTÉ, including staff morale and engagement, as well as the impact of RTÉ’s commercial income activities on its public service remit, identified from the corporate governance review or otherwise, that are likely to have contributed to the findings in the Grant Thornton reviews commissioned by RTÉ in relation to both the 2021-2022 overpayments and 2017-2019 period.
iv. Arising from this assessment, make recommendations to reform organisational culture, which supports staff engagement and a positive working environment, and to deliver a more open, transparent, and accountable organisation.
The members of the Expert Advisory Committee that will oversee this review are:
• Professor Niamh Brennan, Chair;
• Dr. Margaret Cullen; and,
• Mr Stephen Smith
Review of Contractor Fees, Human Resources (HR) and other matters
In the context of concerns regarding the engagement of RTÉ contractors, including those on short-term employment contracts, and wider HR practices in RTÉ, the Minister has decided that the second strand of the examination will focus on these matters.
The terms of reference of this review are:
i. Examine the oversight and mechanisms by which RTÉ engages presenters and contractors, including fees, the use of agents, the impact on costs borne by RTÉ and the governance of same;
ii. Examine issues arising from the use of short term employment contracts at all levels;
iii. Examine employment terms and conditions with particular emphasis on gender equality, diversity and inclusion; and whether any of the existing recruitment and HR practices, in particular those outlined above, have an impact on equality and opportunity;
iv. Make recommendations to the Minister in relation to the above matters.
The members of the Expert Advisory Committee that will oversee this review are:
• Mr Brendan McGinty, Chair;
• Ms Patricia King; and
• Mr Liam Kelly
These reviews will be supported by the external forensic accountant, Mazars, which I appointed yesterday under powers I am exercising under Section 109 of the Broadcasting Act. The forensic accountant will focus initially on the barter account and any other off-balance sheet accounts.
