RTÉ asks former executives to waive rights to confidentiality
"RTÉ has been assured by its independent legal advisors that exit agreements fell within parameters of similar arrangements seen in both the private and semi-state sectors," a statement read.
Media Minister Catherine Martin has said that exit packages must be the “exception rather than the norm” in RTÉ, after legal advice shows the broadcaster cannot reveal golden handshakes.
It comes as RTÉ has written to former executives who left the broadcaster as far back as 2016, asking them for consent to waive their rights to confidentiality.
The broadcaster is seeking legal advice on whether or not it is possible to cap future exit payments.
In a statement, RTÉ said: "RTÉ has been assured by its independent legal advisors that exit agreements fell within parameters of similar arrangements seen in both the private and semi-state sectors."
"While RTÉ will continue to operate in accordance with best practice, it has confirmed to the Minister that it is taking external advice with regard to future caps on severance pay and termination agreements, as well as options regarding confidentiality."
Ms Martin said that the legal advice received by the broadcaster is “clear” and that the confidentiality agreements are binding across all parties.
“Accordingly, they cannot be unilaterally breached by RTÉ without significant legal and financial risk to the organisation,” Ms Martin said.
“My focus is on ensuring maximum transparency for RTÉ going forward.”
Ms Martin reiterated that caps on exit packages must be examined by the broadcaster, with RTÉ's director-general Kevin Bakhurst having committed to “fully examine” the measure.
Speaking on RTÉ’s , Mr Bakhurst said that capping exit payments could lead to issues where it becomes more difficult to exit senior people from the broadcaster.
“There are ramifications for that. If you put a cap on exit payments and you are going through a period where we will have to shrink the organisation, you will end up unduly shrinking the organisation by losing junior colleagues because you can’t afford to pay off more senior people,” Mr Bakhurst said.
Following the legal advice being received, Mr Bakhurst said that RTÉ is “completely unable” to publish the exit packages received by senior executives.
“I know there’s a lot of pressure earlier in the week to do that… I think people will appreciate, as a public organisation we cannot be in the business of breaking the law and going against very clear legal advice,” he said.
“It’s not just breaking the law, its about the potential liability that I could expose RTÉ to if I were to do this."
Meanwhile, the broadcaster is set to publish the total termination benefits paid out to executives for 2023, with wider transactions to senior staff to be published.
The latest legal advice, published on Thursday, sets out that former employees of RTÉ have a “legal entitlement” to not have their personal data released.
“If such information is published, we remain of the view that this would contravene employees’ contractual and statutory rights thereby exposing RTÉ to avoidable legal challenge,” the advice reads.
The broadcaster also received assurances from their solicitors on the exit packages, which stated that they were a “better commercial outcome for RTÉ” than any alternatives.
The advice also assures RTÉ that the exit agreements are within the parameters of severance payments made in both the private and semi-state sectors.
In recent days, there has been significant political pressure placed on Mr Bakhurst over the exit payments made to former executives, particularly to Rory Coveney and Richard Collins.
On Wednesday, Taoiseach Leo Varadkar told a Fine Gael parliamentary party meeting that consideration is being given to bring RTÉ under the remit of the Comptroller and Auditor General.
Under current laws, the Comptroller and Auditor General does not have permission to audit all recipients of state funds and can only do so if designated by law.
If brought under the remit of the C&AG, this would allow the Public Accounts Committee (PAC) to undertake further scrutiny of the broadcaster.
There has been criticism of the confidentiality clauses of the exit packages, with Mr Varadkar saying that it is “not right”.
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