Dáil Éireann Debate, Thursday - 19 October 2023
1. Deputy Imelda Munster asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media to provide the most recent update in relation to the two ongoing reviews she has commissioned into governance, culture, contractor fees, human resources and other matters in RTÉ, including timelines for their completion; and if she will make a statement on the matter. [45983/23]
Amharc ar fhreagraI ask the Minister to provide the most recent update in relation to the two ongoing reviews she has commissioned into governance, culture, contractor fees, human resources and other matters in RTÉ, including timelines and dates for completion.
First, I want to acknowledge the absolute devastation across Cork and Waterford due to flooding yesterday. My thoughts are with homeowners and to people working in tourism and hospitality businesses in the region. I know the Minister for Social Protection, Deputy Heather Humphreys, has activated the humanitarian assistance scheme which will give assistance to householders affected by flooding. The Minister for Enterprise, Trade and Employment, Deputy Simon Coveney, has committed to working with the local councils, including Cork County Council, to assess the damage and respond quickly with financial supports for businesses.
On Deputy Munster's question, on 4 July last, following the revelations of governance failings in RTÉ and with the agreement of my Government colleagues, I announced the commissioning of an examination of RTÉ composed of two separate and parallel reviews and an examination of the RTÉ barter account by a forensic accountant. The two separate reviews are a review of governance and culture that is being overseen by an expert advisory committee led by Professor Niamh Brennan and a review of contractor, HR and other matters led by Mr. Brendan McGinty.
The work of both committees is being supported by a professional services firm, Crowe Advisory Ireland, which was appointed following two separate procurement processes undertaken by my Department with the assistance of the Office of Government Procurement. The committees are also supported by a secretariat comprised of officials from my Department.
I understand that under the direction of the expert advisory committees, the two reviews are making good progress. I have been informed that both expert advisory committees have undertaken an information gathering and analysis phase based on their terms of reference and are now in the process of engaging with key stakeholders. They have also met with the Chair and director general as well as sub-committees of the board which have been set up for the purposes of engaging with the respective expert advisory committees for the reviews.
As I originally set out when I announced the reviews, due to the complexity and breadth of issues to be reviewed, I expect that they will take six months to complete. Accordingly, I expect to receive the reports from the expert advisory committees early in the New Year.
These two independent reviews are a central component in identifying the corporate governance, cultural and other operational issues at RTÉ that have led to the current crisis and in addressing them to ensure that trust can be restored in our largest public service broadcaster. Given the complexity of the issues involved, it is important that we give them the time to do so.
I thank the Minister for the reply. It is good to get that update. I did submit two other questions that were disallowed by the Department relating to inquiries into RTÉ. One of them was about when RTÉ appeared before the Committee of Public Accounts two weeks ago. Serious concern has been raised about RTÉ's refusal to furnish us with the key documents around the setting up of the tripartite agreement. RTÉ claimed initially that it was because of legal privilege, then that it was because of client confidentiality. RTÉ has the right to waive client confidentiality.
In light of all that has unfolded, I want to get the Minister's opinion as to whether or not she feels that RTÉ should furnish the Committee of Public Accounts with those documents and not force the committee to compel them to do so. It is the ideal opportunity to build trust and regain confidence in people.
As I have stated on many occasions, the Oireachtas is right to expect maximum transparency. The director general pledged to cooperate at the end of that particular meeting with requests in relation to that. He has cooperated with other queries from the Oireachtas and has given a significant amount of documentation.
While RTÉ has provided certain details, on GDPR grounds it has stated that it is not possible to share certain information. I understand that the committee is frustrated with this and is anxious to have full transparency and clarity. That will help in the rebuilding of trust.
Last week, Mr. Bakhurst said that he had to have regard to legal advice and I believe we should await his response in this regard. In relation to that note specifically, my officials followed up after the meeting of the Committee of Public Accounts. I understand that the director general is seeking to arrive at a solution now, which I welcome, that will be acceptable to the committee. There is an effort underway and that is key.
I am aware that there have been other documents which RTÉ was not in a position to share for reasons of GDPR but I suppose it has to uphold the law in this regard about the rights of individuals. In relation to that note specifically, he said towards the end of the meeting that he would try to find a way and my understanding from follow-up from my Department is that he is really trying to seek a solution.
I sincerely hope he does. It is in the interest of RTÉ as much as anyone else's not to frustrate the workings of the committee and not to force us down the legal route of compelling the documents.
The other issue I wanted to mention was in the other question that was disallowed. This is about the issue of bogus self-employment in RTÉ and the fact that €1.2 billion has already been paid to Revenue for workers that were bogusly classed as self-employed. It was the first time ever that RTÉ put on public record that it has set aside up to €20 million out of the remaining €68 million because they know that Revenue is going to be coming after them. At a minimum the figure is €19 million. It goes back decades, where workers within RTÉ, the public service broadcaster, were bogusly classed as self-employed and denied pension rights, holiday leave, holiday pay, sick leave, all of the entitlements that other workers are entitled to.
We were listening to that and then we had heard about exit packages that were given to those at the top. Some of these people were not even entitled to those packages. The ones at the top walked off into the sun with their exit packages, some of whom who were not entitled to them, and the workers were left in limbo, having been denied their entitlements.
The worst thing of all is that RTÉ had set aside the sum for Revenue but not one cent for workers. I would like the Minister's opinion on that.
As the Deputy knows, the investigation by the Department of Social Protection is ongoing. There are a large number of cases to be examined and adjudicated on. RTÉ is obliged to make provisions for such payments as they outlined last week at the meeting last week. This will be required to be paid and to correspond and to correct the PRSI contributions of the workers involved, as they are determined by the Department.
RTÉ officials responded to the question of providing for the potential PRSI liabilities at the committee meeting last week. The officials were not in a position to give a definitive figure on the provision but they outlined that it was under €20 million, as the Deputy is aware. The provision is being kept under review. There is a total of 695 cases involved. Investigation of 149 of these has started or has been completed. It is an ongoing process that is likely to take considerable time to complete.
It is in relation to the workers. RTÉ has not set aside any money to compensate workers.
On the question of retrospection, these are employees and contractors of RTÉ and it is a matter for it to address any such questions. The rights of individuals must be protected. I am aware that previously, after the Eversheds review, RTÉ engaged with unions in a facilitated process to address questions of retrospective compensation but any future retrospective compensation is a matter for RTÉ and not me, as Minister.
