Press release
Minister Catherine Martin announces an independent root and branch examination of RTÉ
From Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
Published on
Last updated on
From Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
Published on
Last updated on
Following the agreement of her government colleagues this morning, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport, and Media, Catherine Martin, has announced that she will be commissioning an independent, root and branch examination of Raidió Teilifís Éireann (RTÉ), composed of two separate and parallel reviews:
The Reviews will each be directed by two different three-person Expert Advisory Committees who will oversee the work of a professional services firm that will be appointed to work on the reviews. The Expert Advisory Committees will work in parallel and coordinate where applicable and will be supported by a team from the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.
The Minister has decided to commission the independent examination following the damaging disclosures of the last two weeks, which have revealed shocking governance failings within RTÉ. As a consequence of those failings, RTÉ has lost the trust of the people and of its own staff. Given the vital importance of public service broadcasting to our democracy, our culture and our society, it is essential that public trust and faith in RTÉ be restored.
Speaking today, Minister Martin said:
"Ever since the first broadcast of its predecessor Raidió Éireann, RTÉ has provided a public space for the people of Ireland to speak to and of one another. At its best, it has held up a mirror to Irish society, one that has demonstrated not only the best in our society but one that also revealed its injustices, both glaring and sometimes all too hidden. In doing so, RTÉ has been sustained not only by the tireless work of its staff over the years but also through the trust of the people.
"That trust has been shattered. The independent, root and branch examination of RTÉ I am announcing today is the beginning of our efforts to restore that trust."
The purpose of the examination is to help restore trust through a wide-ranging, and independent review into the root causes of the failings in RTÉ and the recommendation of measures to prevent their recurrence in the future.
To further underpin the work of the Committees, the Minister will invoke her powers under section 109(7)(a) of the Broadcasting Act 2009 to appoint a forensic accountant to examine the books or other records of account of RTÉ in respect of any financial year or other period. The forensic accountant will initially direct its focus on the barter account and any other off-balance sheet accounts.
As the examination progresses, the Minister may widen its scope to take account of any further findings, including those arising from the work of the work of the Public Accounts Committee (PAC), the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media and Grant Thornton reports.
It is expected that the examination will take six months from the commencement of work. The Minister will be furnished with interim reports on their progress. The completed examination will inform the development of an implementation plan which will address the recommendations proposed.
On Friday 7 July, the Minister will meet the incoming Director General of RTÉ, Kevin Bakhurst, and the Chair of the RTÉ Board, Siún Ní Raghallaigh, to discuss how RTÉ will co-operate and facilitate the completion of the examination and the immediate next steps they will be taking to contribute to the restoration of trust and confidence 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:
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:
The comprehensive examination announced by the Minister today will scrutinise governance, culture, and practices in RTÉ in an unprecedented manner. These measures are necessary to ensure that public service broadcasting is open, transparent and accountable to the public.
Prof Niamh Brennan is Michael MacCormac Professor of Management at University College Dublin and Founder/Academic Director of the UCD Centre for Corporate Governance. A first-class honours, first-in-class UCD Science (Microbiology and Biochemistry) graduate, Prof Niamh Brennan qualified as a chartered accountant with KPMG, holds a PhD from the University of Warwick and is a Chartered Director of the Institute of Directors (London).
In recognition of her research, Niamh was elected to the Royal Irish Academy in 2020, Ireland’s highest academic honour, the first business school academic to be so recognised.
Former chair of the National College of Art & Design and of the Dublin Docklands Development Authority, she holds/has held non-executive directorships with the Children's Hospital Ireland, the Health Service Executive, Ulster Bank, Co-operation Ireland, Coillte (State forestry company), Lifetime Assurance (Bank of Ireland’s life assurance subsidiary) and several private companies, and is/was a member of numerous audit committees.
She chaired the Irish Government's Commission on Financial Management and Control Systems in the Health Services and was Vice-Chair of the Irish Government's Review Group on Auditing. Niamh is an Inaugural Honorary Fellow of The Institute of Directors in Ireland and an Honorary Fellow of the Society of Actuaries in Ireland.
Brendan is a leading expert in people strategy, employee relations, employment policy, change management and dispute resolution. At Stratis, Brendan and his colleagues support organisations who want to lead improvements in the areas of Strategic Employment Relations, People Strategy and Workplace Policy. He brings career experience, knowledge, and insight to the advantage of clients in leading people strategies and supporting senior leaders on sensitive employment and people strategy issues.
Brendan engages with trade unions, government, state agencies, with other stakeholders and has an excellent appreciation of National and European employment policy. He is Chairperson of the Board of Skillnet Ireland, the national business support agency dedicated to workforce development in Ireland.
Brendan is also Chairperson of the Governing Body of the National College of Ireland and is a member of the Board of the Workplace Relations Commission. Brendan is passionate about workforce development issues and helping organisations and workers prepare for the ‘future of work’. He previously worked with Ireland’s national business organisation Ibec, where he had a successful career as Executive Director of Industrial Relations and Human Resource Services.
Patricia is the former General Secretary of ICTU. She is a former vice-President of SIPTU and also served as one of two vice-Presidents of Congress. A full time official with SIPTU for over 25 years, she was the first woman to serve as a national officer of the union when she was appointed vice-President, in May 2010. She has represented workers in all areas of the economy, in both the public and private sectors.
Patricia was a lead negotiator in both the Croke Park and Haddington Road agreements. She played a leading role in the Irish Ferries dispute (2005/6) and in subsequent negotiations that saw an overhaul of employment rights law.
Patricia currently serves on the board of the Court Service and is a member of Climate Change Advisory Council and the Housing Commission.
Dr. Margaret Cullen is governance adviser to the Institute of Directors in Ireland (IoD) and a board assessor with IoD’s board evaluation service. She is a specialist in the areas of corporate, banking and investment fund governance. Margaret holds a PhD in governance from University College Dublin. Her doctoral research explored the role and effectiveness of boards of directors in investment fund governance. She is a published researcher. Margaret has particular interest in the governance areas of board effectiveness, processes, dynamics and decision-making, board and corporate culture, stewardship, corporate social responsibility, internal governance systems and executive remuneration. Prior to completing her doctoral research, Margaret worked for 12 years in the financial services industry where she gained significant experience in the areas of treasury management, investment fund regulation, compliance, and risk management.
Following completion of her doctoral research, Margaret joined the Institute of Banking (IoB) as Director of Executive Education. She designed and ran the IoB’s Certified Bank Director (CBD) and Certified Investment Fund Director (CIFD) Programmes from 2012. Margaret was the founding CEO and Academic Director of the Certified Investment Fund Director Institute (CIFDI), a specialist institute of the IoB which focuses on raising professional standards in investment fund governance through its CIFD Programme. Margaret taught investment fund governance on the programme for eight years up to April 2020.
Margaret has been a lecturer at the UCD Smurfit Business School since 2007 lecturing on the Professional Diploma in Corporate Governance in the areas of directors’ responsibilities, executive remuneration and incentives and behavioural aspects of boards. She is currently Co-Academic Director of the IoB’s CBD Programme on an associate basis and lectures bank governance on the programme. Margaret holds several non-executive director positions.