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RTÉ controversy: The PAC aftermath and the next steps

After a tumultuous day at the Public Accounts Committee for the RTÉ Executive and RTÉ Board, Political Correspondent Paul Cunningham looks at the aftermath and what happens next.

Verdict of the politicians on the PAC

RTÉ were grilled by the Public Accounts Committee yesterday

Universally negative.

Labour Deputy Alan Kelly told RTÉ News: "In my many years on PAC, this was the worst performance I've seen. This is an executive that isn't functioning and can't continue. Neither can the board after what we saw today. RTÉ as currently constituted won't exist anymore. It needs to be wound up and started again with fresh people at the top."

Sinn Féin Deputy Imelda Munster was equally caustic: "After nine hours of committee hearings, what we know now is that individuals at the very top of the organisation were able to act how they saw fit in an insider culture devoid of any oversight and governance. What went on has caused understandable anger with RTÉ workers and the public. They [RTÉ Executive] misled the public, workers and the Oireachtas every step of the way. That privileged insider culture needs to be completely rooted out."

Fine Gael TD Alan Dillon declared: "Once more today, RTÉ demonstrated a hesitance in delivering a thorough, accurate and comprehensive account regarding the events tied to these undisclosed payments. The wounds revealed in today's proceedings will resonate deeply for the foreseeable future until RTÉ's executive management takes accountability to reform a culture associated with fraudulent invoices, off balance sheet accountancy and secret payments."

Another deeply unimpressed TD was Fianna Fáil's James O'Connor: "It was a catastrophic failure by the Executive Board of RTÉ and I think the Financial Controller should immediately step aside."

Verdict of Media Minister Catherine Martin

Catherine Martin said she is in the 'final stages' of drafting the terms of the external RTÉ review

Unknown as yet. However, she was distinctly unimpressed with the RTÉ performance the previous day at the Joint Oireachtas Media Committee.

Yesterday morning, she told journalists in Sligo that she felt "there was as a shocking failure of governance on display in everything that was said".

She added: "I would really appeal to them to bring clarity because part of the healing and rebuilding the trust is to get the answers that are needed."

To ensure there wasn't any misunderstanding, she wrote down her concerns and sent a letter to RTÉ.

The minister also said she is in the "final stages" of drafting the terms of reference for an external review of RTÉ.

This could go to an incorporeal Cabinet meeting as early as today.

The big question is this: does it end there, or does the minister decide that she lacks confidence in the RTÉ Executive and chooses to send in what is termed an authorised officer to get the facts?

One candidate to serve as an authorised officer could be the Comptroller and Auditor General, Seamus McCarthy, who attends PAC meetings and was present yesterday.

Widening of the committee inquiries

What started as RTÉ admitting it paid Ryan Tubridy more than declared to the public has now expanded into a much wider inquiry into RTÉ

The initial focus of attention was investigating how and why money designated as "consultancy fees" was channelled through an RTÉ barter account to Ryan Tubridy's agent Noel Kelly - something described by RTÉ Board Chair Siún Ní Raghallaigh as an apparent "act to deceive".

This has now expanded into a much wider inquiry into the financial controls, benefits, culture and accountability at RTÉ.

For example, the Public Accounts Committee has requested information be released on the top 100 highest earners - although the Data Protection Commissioner might be asked to adjudicate should an employee seek to avoid having their salary published.

The PAC has also requested information on the operation of the RTÉ barter account, particularly who received benefits from the corporate entertainment.

The fact that more than a quarter of a million euro was spent in this way was described by Ms Ní Raghallaigh as "outrageous".

A truck may be required to carry all of the requested documentation to Leinster House.

More committee meetings

The Public Accounts Committee wants to hear from Dee Forbes

Public Accounts Committee Chair Brian Stanley indicated that the PAC could seek powers to compel witnesses to attend.

He named former RTÉ Director General Dee Forbes as someone the committee members want to hear from "when it is medically appropriate to do so".

Deputy Stanley also wants to hear from RTÉ Director of Content Jim Jennings, who is currently in hospital.

It is believed the Joint Oireachtas Media Committee will seek to speak with Ryan Tubridy as well as his agent Noel Kelly. The PAC would also like to speak with both men.

The political pressure for such an attendance increased when Taoiseach Leo Varadkar said in Brussels: "There are procedures. They will be treated fairly. I think that would be the right thing to do from their part. They may have a story to tell. I think it's right that they should be allowed to tell their side of the story."

The key document and legal privilege

Question over whether document can be circulated to PAC

The PAC and RTÉ are on a collision course over whether an RTÉ document can be circulated to the committee.

It is a note taken by an RTÉ lawyer of a Zoom meeting between then Director General Dee Forbes and Ryan Tubridy's agent Noel Kelly.

The conversation is believed to relate to the deal which led to the creation and operation of the barter account by which money wrongly designated as "consultancy fees" would be channelled to Mr Kelly for the benefit of Mr Tubridy.

RTÉ Director of Legal Services Paula Mullooly told the PAC that she anticipated members would be interested in the document and sought legal advice about releasing it.

However, she was told it was privileged, and could not be handed over.

The PAC members were emphatic in their view that the document was absolutely essential to their work and had to be disclosed.

This is a binary battle - only one side can win.

Likely changes at RTÉ

Kevin Bakhurst is planning a 'reconstitution' of the Executive Board

RTÉ’s Interim Deputy Director General Adrian Lynch said that incoming DG Kevin Bakhurst had told him his "first task" would be the "reconstitution" of the Executive Board.

PAC members weren't particularly impressed by the declaration because when Mr Lynch was asked what that might look like, he replied that would be for Mr Bakhurst to announce.

It might be a complicated job, as Department of the Media Secretary General Katherine Licken said the Government's external review would also be examining governance at the broadcaster.

Other changes, according to the chair of the board, will include the role of agents in negotiating presenter pay.

Siún Ní Raghallaigh said on Wednesday that this needed to happen because, at times, RTÉ was bidding against itself.

She also declared that the practice of describing top earners as "the talent" had to be consigned to the dustbin.