RTÉ offers to release details of Noel Kelly memo to PAC provided it is not published

RTÉ director general Kevin Bakhurst has written to the PAC concerning an RTÉ solicitor’s memo. Picture: Niall Carson/PA

RTÉ has offered a compromise to the Public Accounts Committee (PAC) regarding a disputed note it has refused to release, one which would involve the PAC agreeing not to discuss the note’s contents in public.

The broadcaster’s director general Kevin Bakhurst has written to the committee concerning an RTÉ solicitor’s memo drafted regarding a Teams meeting between former director general Dee Forbes and agent Noel Kelly. The meeting, on May 7, 2020, saw the infamous deal rubberstamped which resulted in presenter Ryan Tubridy being paid €225,000 via hidden cash transfers.

The PAC had insisted it would compel that document’s release at its meeting with RTÉ last month, while RTÉ for its part had stated repeatedly that it could not release the memo as it was covered by both legal privilege and client confidentiality.

In Mr Bakhurst’s letter, he notes that RTÉ continues to maintain that it is not in a position to provide the PAC with the note, but as an alternative, the solicitors firm Arthur Cox would provide a “detailed summary” of the note, so long as “it can be agreed that such information would be examined in a private session only”.

While that compromise would see the PAC committing to not discussing or examining the note in public session and not to publish same, RTÉ said would also be willing to allow the committee’s solicitor to examine the original note in order to verify its contents against the Arthur Cox document.

Mr Bakhurst said that the note consists of “handwritten notes of a Microsoft Teams meeting” and “is not verbatim transcript and should not be considered as such, nor has the context been verified with relevant parties”.

He conceded that RTÉ's compromise proposal “may be considered somewhat convoluted”.

“However,” he said, “RTÉ must be cognisant of other valuable and sensitive investigative journalism and programming being carried out by RTÉ, and the central role the RTÉ’s solicitor’s office has in that work.

It is therefore a matter of considerable importance that RTÉ maintains confidentiality in relation to such legal files.” 

He added that all of the “salient points” have already been presented to the Oireachtas, and that the broadcaster “sincerely” hopes the proposal will be acceptable to the PAC.

The committee will likely consider the correspondence at its meeting on Thursday afternoon, although early indicators from its membership are that the proposal will not be looked upon kindly.

Members repeatedly asked Mr Bakhurst at October’s meeting why he was not willing to release the memo, given it is RTÉ’s position that what is in it is already a matter of public record, to which Mr Bakhurst replied that he has “a moral imperative to do the right thing”, describing the refusal as “a point of principle”.

“Sometimes, that is not to do what is being said by some politicians,” he said.