Oireachtas Joint and Select Committees

Thursday, 29 June 2023

Public Accounts Committee

Appropriation and Expenditure of Public Moneys by RTÉ: Discussion

9:30 am

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein) | Oireachtas source

I welcome the witnesses to the meeting this afternoon. I remind all those in attendance to make sure their mobile phones are on silent or switched off. Before we start, I wish to explain some limitations to parliamentary privilege, and the practice of the Houses as regards references witnesses may make to other persons in their evidence. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected, pursuant to both the Constitution and statute, by absolute privilege. This means that the witnesses have an absolute defence against any defamation action for anything they say at the meeting. However, witnesses are expected not to abuse this privilege and it is my duty as Cathaoirleach to ensure it is not abused. Therefore, if the witnesses' statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

A number of witnesses today are giving their evidence remotely from a place outside the parliamentary precincts. As such, they may not benefit from the same level of immunity from legal proceedings. Those witnesses have been advised of this and may think it appropriate to take legal advice on the matter.

Witnesses participating in this committee session from a jurisdiction outside the State will have already been advised that they should be mindful of their domestic law and how it may apply to the evidence they give. Their decision on whether they take legal advice on the evidence they propose to give should also be informed by this.

Witnesses are reminded of the long-standing parliamentary practice that they should not comment on, criticise, or make charges against any person or entity by name or in such a way as to make him or her identifiable or otherwise to engage in speech that might be regarded as damaging to the good name of a person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply.

Members are reminded of the provisions within Standing Order 218 that the committee shall refrain from inquiring into the merits of a policy or policies of the Government, or a Minister of the Government, or the merits of the objectives of such policies. Members are also reminded of the long-standing parliamentary practice that they should not comment on, criticise or make charges against a person outside the Houses or an official either by name or in such a way as to make him or her identifiable.

This afternoon we are joined by the Comptroller and Auditor General, Mr. Seamus McCarthy, who is a permanent witness to the committee. He is accompanied by Mr. Andrew Harkness, director of audit at the Office of the Comptroller and Auditor General.

This afternoon we are engaging with RTÉ and the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media to examine matters relating to the appropriation of public moneys to RTÉ and the expenditure by RTÉ of such public moneys. Additionally the committee wishes to discuss commercial arrangements entered into by RTÉ and its presenters, including those underwritten by RTÉ which have impacted on and relate to the expenditure of public moneys. These matters for discussion have arisen in the context of recent and ongoing revelations regarding RTÉ's payment of presenters and how this was previously presented to the Oireachtas.

The terms of reference of the Committee of Public Accounts have been extended to give us increased powers to examine these issues. We have also been given powers of compatibility to invite people who are not here today. I want to put members and witnesses on notice that the committee has agreed to ask Ms Dee Forbes to attend when it is medically appropriate for her to do so. In the near future we will seek the go-ahead for this through the Committee on Parliamentary Privileges and Oversight of the Houses of the Oireachtas. We wish Ms Forbes well and we wish her a speedy recovery.

RTÉ and the Department have been advised of the areas of focus for the committee. These are the appropriation of public moneys by the Department to RTÉ and the oversight of same by the Department; payment to RTÉ presenters, specifically from 2017 to date, and how these payments were accounted for in the RTÉ accounts; the oversight mechanisms for such payments, in particular but not limited to payments to Ryan Tubridy; the process relating to the cost-neutral nature of the Renault agreement, including the persons responsible for signing off on it; the specifics of what led to the agreement to underwrite the commercial arrangement with Renault and Ryan Tubridy, and the details of the RTÉ policy relating to such underwriting of these agreements, RTÉ's policy regarding the operation of barter accounts, why they are used and what oversight there is in RTÉ regarding such accounts; and the discrepancies between previous assurances given to the Committee of Public Accounts by RTÉ on matters which are now in the public domain.

We have a long list of witnesses. We are joined by Mr. Adrian Lynch, interim deputy director general; Ms Geraldine O'Leary, director of commercial; Ms Paula Mullooly, director of legal affairs; Mr. Rory Coveney, director of strategy; Mr. Richard Collins, chief financial officer; Ms Siún Ní Raghallaigh, chairperson of the board; Ms Anne O'Leary, chair of the audit and risk committee; and Mr. Robert Shortt, member of the audit and risk committee and RTÉ staff representative on the board.

We are also joined by Dr. PJ Matthews, RTÉ board member, via Microsoft Teams. I understand that Dr. Matthews would have been on the board over the past five or six years. We are also joined by the following individuals from RTÉ: Ms Moya Doherty, the former chairperson of the RTÉ board; and Mr. Willie O'Reilly, former director of commercial at RTÉ, who is joining us via Microsoft Teams. We are joined by the following representatives from the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media: Ms Katherine Licken, Secretary General; and Ms Tríona Quill, assistant secretary, broadcasting and media. We are ready to start so I ask Ms Ní Raghallaigh to make her opening statement.

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