Dáil debates

Tuesday, 14 November 2017

Ceisteanna - Questions (Resumed) - Priority Questions

National Cultural Institutions

4:10 pm

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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43. To ask the Minister for Culture, Heritage and the Gaeltacht her views on the review of records and engagements by her Department and the National Museum of Ireland; and the implications it has for the crisis unfolding in other cultural organisations such as the Gate Theatre. [48166/17]

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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In the last few weeks, a number of women have stood up and identified sexual harassment and bullying at the highest reaches of cultural institutions in the State. This takes strength and confidence because in Ireland to speak out normally means career suicide. These women have done massive service to workers everywhere and they must be applauded. Why, in 2017, must women use the front pages of newspapers to achieve justice and a workplace free of harassment and bullying?

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I will answer the question the Deputy submitted which was to ask me about the review of records and engagements by my Department. That is the question the Deputy raised with me, so I will answer it first. A review has recently been carried out by my Department of all relevant records and engagements between the Department and the board, management and staff of the National Museum of Ireland and any third parties regarding certain issues that have arisen in recent years. The review is published on my Department's website and contains recommendations which I have accepted.

The review proposes that the Department should continue to support the chair and board of the museum in the introduction and implementation of measures to provide for enhanced HR capacity in the National Museum of Ireland, and in addressing issues raised in the recent staff well-being survey; and continue to be satisfied that the NMI is meeting the requirements set out in the code of practice for the governance of State bodies on risk management, internal control, internal audit, and audit and risk committees.

Regarding the first recommendation, my Department has already sanctioned three specific HR positions and two temporary positions for the corporate services area of the National Museum.

Everyone is entitled to be treated with dignity, respect, fairness and equality in the workplace be it in the National Museum or anywhere else. In recent times, there have been a number of alarming allegations and reports of sexual harassment and bullying in the workplace relating to the arts community. While all workplaces are obliged to comply with employment legislation, I have identified a number of actions that I can take as Minister regarding the bodies reporting to my Department. I commend the women who have come out in recent weeks and told their stories. It is very brave of them and I am glad they did so.

I intend to help boards under the aegis of my Department fulfil their functions more effectively, and to support them in ensuring that policies regarding equality and respect in the workforce operate effectively in line with best practice. These actions include: arranging separate dedicated governance workshops for board members and senior staff with a particular emphasis on issues relating to bullying, abuse of power and sexual harassment in the workplace; working on a collaborative basis with the Arts Council to make similar training available to other cultural organisations and arts centres around the country at a series of regional information days; highlighting once again to bodies reporting to the Department the nature of their legal obligations by seeking assurances of their compliance with obligations under employment legislation; and accelerating a planned review of compliance by bodies reporting to the Department with the requirements of the code of practice for the governance of State bodies.

I am confident that these support measures will contribute to the further enhancement of existing governance structures in bodies reporting to my Department.

4:20 pm

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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I have been raising this issue with the Minister for 18 months through parliamentary questions in the Dáil, through the media and in committee. This information should be in her hands. The report her Department has published is a whitewash. The Minister has seen a letter detailing the bullying that is happening in the National Museum and yet it has been dismissed in the Department's report as having no legal standing. The Department has received a self-identified protected disclosure and yet it employed a firm of solicitors to fight that protected disclosure. A large number of people have been to the High Court and received settlements - State money. Despite this, the Minister claims she has no responsibility in the matter.

Millions of euro have been paid to consultants and for reports with regard to psychologists on this issue and yet nothing of significance is being done. Stacks of surveys detail the massive amount of complaints of bullying. This weekend even the former director of the museum came out and said he had witnessed uncontrolled misogyny in the museum when he was leaving. He is concerned that it is still there.

We know that a psychotherapist, who had been employed by the museum, blew the whistle and sent a letter to the Department in 2011 identifying exactly what had happened. This weekend the front page of a newspaper reported another brave woman's experience of what has happened in the museum. There is a forest of signposts clearly pointing the direction on the issue and yet the Department's report states that there is nothing to see here.

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The museum is dealing with a number of legacy HR issues relating to matters that happened a number of years ago and the board of management is taking steps to address these issues. I cannot get involved in HR matters, which are a matter for the executive and board of the museum. I have provided additional support in dealing with the legacy issues. I have been very supportive of the chair and the members of the new board, whom I appointed in July 2016. They are doing a wonderful job in implementing change in the museum as well as preparing new plans to improve the museum's services to the public in the coming years.

My Department has already sanctioned three specific HR positions and two temporary positions for the corporate services area of the museum to assist in this process. The report states that there is no evidence in the Department of the Department receiving any allegation of inappropriate sexual behaviour from June 2011-----

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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From June 2011.

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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-----nor of anyone making a protected disclosure to the Minister. Other staffing matters which came to the attention of the Department at that time were referred to the museum, as the employer. Under the Act, the museum has responsibility for its staff as is clearly set out. This is all dealt with in the review which specifically acknowledges that in 2012 certain allegations of bullying were referred to the museum, which rejected the issues raised. Referring the matter follows logically from the role of the institution as the employer. It refers and then any Minister is bound to respect the statutory independence put in place by the Oireachtas.

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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The Minister says that she cannot get involved in HR matters. That is a statement worthy of Pontius Pilate. The Minister operates the funding for the museum. In fairness, she responded to the crisis that developed in the theatres in recent weeks. She spoke about a master plan being developed for the theatres. What we need is a plan to deal with the disaster in the National Museum. There is a comparable gravity between the treatment of the staff in the National Museum and the other cultural institutions under the spotlight now. The Minister should ensure that no cultural institution is left behind in this process. We need a proper investigation into what has happened in the National Museum of Ireland.

The Minister needs to ensure that nobody in any of these institutions is ever again confused about being allowed to run institutions in this manner and still receiving money from the public purse. She needs to send the message loud and clear that money will not leave the public purse unless people get their houses in order on this issue.

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The National Cultural Institutions Act 1997 establishes the National Museum of Ireland as an autonomous body. While I view it as an extremely important part of the heritage of the State, I have no involvement in the day-to-day running of the National Museum of Ireland. Section 29 of the Act provides that: "The Director of the Museum shall carry on and manage and control generally the administration and business of the Museum and perform such other functions as may be determined by the Board of the Museum." I do not have a role in the HR function of the museum.

I accept there are issues at the museum and I have provided support to the chair and the board in terms of additional HR people. I will continue to work closely with the chair and the board of the museum. I will support them in any way I can to resolve the issues that have arisen.