Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

I think I am okay.

As I said yesterday, a remuneration may well be considered within the scope of the review of contractor fees, HR and other matters. The terms of reference of this review are to examine oversight and mechanisms by which RTÉ engages presenters and contractors. This includes fees, the use of agents, the impact and costs borne by RTÉ and the governance of same. The review will also examine issues arising from the use of short term employment contracts at all levels. Furthermore it will 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, have an impact on equality and opportunity. The review will make recommendations to me in relation to these matters.

The Bill also provides that RTÉ or TG4 shall, before 30 June each year, publish on a website the names of all individuals who received remuneration in the previous calendar year in RTÉ or TG4, greater than that received by a Dáil Deputy. I note that RTÉ has provided certain details of remuneration of the top 100 earners in the organisation to the joint Oireachtas committee in advance of the meeting today. I welcome that RTÉ has done so and I expect that such transparency will continue.

The proposal set out in the Bill to mandate the publication of names of individuals will require careful consideration in terms of any potential interactions with the Data Protection Act 2018 and the general data protection regulation. However, I would expect that the transparency in relation to pay and remuneration would be considered in the context of the independent examination we have commissioned. This will allow a full consideration of any data protection considerations.

There was one provision in the Bill that does raise concerns. The Bill provides that RTÉ and TG4 shall determine and publish any sanctions which they may apply to any individual considered to have breached the statutory duty to ensure objectivity, fairness and impartiality in news and current affairs programming. This duty is set forth in section 46(L)(1) of the Broadcasting Act 2009. It is important to clarify that it applies to broadcasters, meaning the public service broadcasters and broadcasters licensed by Coimisiún na Meán. The duty is not imposed on individuals who may be employed by broadcasters. Where a breach of duty occurs, it is the broadcaster rather than any individual, who may ultimately be held liable by Coimisiún na Meán, following an investigation. I am advised that it is not appropriate to provide in statute that our public service broadcasters may take legal action against individual journalists. I would be concerned that this would impose a chilling effect on news and current affairs coverage in our public service broadcasters. Furthermore, there may be potential risks in relation to compliance with employment law if, as proposed, RTÉ or TG4 was obliged to publish the outcome of any disciplinary action taken against an employee pertaining to a breach of statutory duty. Fundamentally, the regulatory framework for media and broadcasting in Ireland is intended to regulate broadcasters and not individuals.

I conclude by thanking Senator Mullen for his Bill and all the Senators who will contribute to the discussion. Public service should be independent and have public interest as its core tenet. It can only do so if it is open, truthful, transparent and accountable to the public. We have launched an unprecedented, wide-ranging examination of governance, culture and practices in RTÉ.We have launched an unprecedented, wide-ranging examination of governance, culture and practices in RTÉ. It will, as I said, cover a number of concerns raised by the Bill proposed today. At this point, it is important we give the expert advisory committees time to complete and present their findings. When they do, I commit to returning to this House to engage further.