Mr. Brian Nolan:

As members will be aware, the two largest unions in RTÉ - the NUJ and SIPTU - will share their reports on past events, for which no workers are responsible, and what they see the future for workers being as per A new direction for RTÉ, the organisation's strategic plan.

One of the major issues has been the deliberate use by RTÉ of precarious employment strategies, in particular bogus self-employment. It is the position of all unions that this cannot form any part of the future employment strategies within RTÉ. Connect has produced a number of publications on bogus self-employment and, therefore, we have been requested to outline the negative effects this has had on workers in RTÉ based on their experience in other sectors, particularly construction.

As a result of representations made by workers and some individual cases taken by employees, RTÉ commissioned the Eversheds report. Perhaps the most glaring finding was that, of 433 outsourced contracts reviewed, 157 were deemed not to be contracts for service but contracts of service. Basically, these people were fulfilling the role of direct employees. It was clear that, in the case of these 157 employees, RTÉ had misclassified them as per the code of practice for determining employment status that was commissioned by the Government and issued by the Workplace Relations Commission. This has resulted in further investigations by the Department of Social Protection's scope section into other employment contracts in RTÉ. Those investigations are ongoing. It is worth noting that the figure of 36% is almost as high as the 39% reached by Connect Trade Union in its investigations into the practice in comparable sectors, such as construction.

What does the practice of bogus self-employment mean for workers and what kinds of worker does it affect the most? Bogus self-employment disproportionately affects younger workers and female workers. It circumvents workers’ rights, for example but not limited to, sick leave, maternity leave, maternity leave and annual leave. It shifts risks onto workers. It erodes training and opportunities to acquire new skills. It undermines pay and conditions. It undermines health and safety and workers' well-being, as bogus self-employed workers are less likely to report workplace issues. Bogus self-employed workers are also much less likely to secure loans and mortgages. This affects their ability to purchase a home, thus contributing to the housing crisis. All of these issues have been reported to trade unions at RTÉ, in particular by younger and female workers.

Regarding the future of RTÉ, the future direction document states that commissioning outsourced work will increase by 50%. This will ensure more work for the gig economy and more bogus self-employment and is contrary to the Government principles signed up to in the public service agreements, which commit to public services being provided through direct labour. RTÉ is a public service broadcaster and, while not a party to the public services agreements, it is broadly aligned to them. The document also states that RTÉ will cut the number of direct employees by 20% while outsourcing, which is unacceptable and of questionable value for taxpayers’ money. On the issue of taxpayers' money, evidence has been presented to Oireachtas committees that bogus self-employment costs the State more than €1 billion annually. Adding to this will not help RTÉ or the State.

The document puts a lot of emphasis on new technology but it should be put on the public record that workers in RTÉ have always co-operated with the use of new technology.

The future of public broadcasting lies in a properly funded and resourced sector, with good secure jobs for workers who know they are safe to raise and investigate issues of public concern without the threat of insecure precarious employment that could hinder their work contrary to the public good. As billionaire moguls buy both traditional and new social media outlets to promote their agenda, an independent public service that can report without fear or favour is a necessary counterbalance. The workers in RTÉ, while willing to play their part, cannot be held responsible for the extravagant and lavish wrongdoings of those at the top, all of which have been well documented. All this occurred while workers engaged in genuine efforts on pay, cost reduction, etc., to secure the future of RTÉ and public sector broadcasting. It suggests that any future for RTÉ should not rely on the precarious practices of bogus self-employment.