LAST UPDATE | 16 Feb
TOWARDS THE END of an over-three-hour-long Oireachtas media committee hearing yesterday, Chairperson Niamh Smyth pleaded with RTÉ executives who have not appeared before TDs to do so.
Since the initial payment scandal at the broadcaster emerged, a number of RTÉ executives and talent have appeared before the media and public accounts committees to explain and assist with the inquiries on poor financial governance at the station.
One person, at the centre of the scandals, has not yet appeared before any of the committees: Ex-RTÉ Director General Dee Forbes.
The former boss of the broadcaster is said to be the person who oversaw the running of the station when the initial scandal, where the broadcaster underreported Ryan Tubridy’s salary by €345,000, happened.
Forbes, after this was revealed to the public in June, stepped down from the role she was due to leave towards the end of summer last year.
TDs were later told she was also the person who verbally agreed to underwrite Tubridy’s sponsorship deals with Renault and negotiated the former financial controller’s €450,000 redundancy package, despite the fact the role was not being made redundant.
The politicians have also heard that Forbes was in charge at the station while a poor culture, both socially and in governance, developed from within. Reports on these issues are currently in their concluding stages, media minister Catherine Martin said today.
The largest example of this lapse in governance includes the findings of a report where there was no official sign off for the Toy Show musical, which ended in a loss of over €2,200,000.
For these reasons, Forbes has been on all of the lists of current and former RTÉ executives who have been called before Oireachtas committees.
However, in almost all cases, the former boss has excused herself from answering TDs questions, citing health reasons.
While this reason has been accepted and respected by the committees’ chairs and members, they are now seeking advice on how they can go about compelling Forbes to appear before them.
Chair of the Oireachtas media committee and Fianna Fáil TD Niamh Smyth appealed to Forbes, RTÉ’s former director of strategy Rory Coveney and former chair of the board Moya Doherty to appear before them yesterday.
This was after the current boss Kevin Bakhurst revealed that ex-CFO Breda O’Keeffe’s exit payment was almost half a million euro and TDs probed if Coveney might have also availed of an exit fee.
Smyth said: “Their input into our deliberations is really critical. And I would appeal to them to please not put the committee in the position of compelling them and ask them to make themselves available when they’re fit and ready and able to do that.”
Later, speaking to Virgin Media’s The Tonight Show, Smyth said that time might be against the politicians when seeking answers from Forbes and other RTÉ executives.
She added that the group are seeking legal advice on compelling the former management and have asked the clerk of the committee to see what powers are in place to do so. She said there are difficulties in the process as sick notes have been provided.
"The last time people were compelled to be before an Oireachtas Committee was the Banking Inquiry..."@NiamhSmythTD and @fionnansheahan discuss the likelihood that the likes of Dee Forbes and Rory Coveney will appear before an Oireachtas Committee in the future.#TonightVMTV pic.twitter.com/oghal96oZ2
— TonightVMTV (@TonightVMTV) February 14, 2024
Smyth said: “At the moment we have a sick cert from Dee Forbes, who is key to all of this [...] I think the last time people were compelled to be before an Oireachtas Committee might’ve been the Banking Inquiry. I’m not sure it’s been ever done since that.”
Asked if she was willing to move to compel the executives, she said: “Absolutely. If it’s possible for us to do it, I’ve said we will do it.”
When seeking to compel someone to an Oireachtas committee, TDs have a number of powers. In this instance, as sick notes have been provided, Smyth suggests that some disparages and holes have been identified in this process.
According to the Oireachtas’ guidelines on compelling witnesses, the committee must seek the consent in writing of the Committee on Procedure and Privileges (CPP) in order to enact its powers of compellability.
The CPP can give consent to the committee to compel all or individual witnesses. From there, the committee much give reasonable notice of the “required attendance” date, and/or a reasonable period for providing evidence or a document, or otherwise complying with the direction.
This notice will also inform those being compelled of the broad areas of business that the committee is or will be conducting to which the direction relates. The direction will, at all times, be relevant to the proceedings of the Committee.
Any Irish citizen, inside or outside the state, or someone on an Irish-registered vessel or aircraft or anyone on an Irish diplomatic mission can be compelled to appear as a witness at inquiry committees.
Some high ranking judicial members, such as judges and the President, are excluded.
When compelled, witnesses have the same rights as those in the High Court, in regard to privilege and immunities. In Oireachtas Committees, witnesses can also be accompanied by one other person – usually their solicitor.
If someone is compelled to the committee and does attend, all expenses – except legal expenses – will be paid and relevant privilege and immunity rights provided to them and the documents they provide.
If a witness does not appear, however, the guidelines state that it “may amount to an offence”.
An offence only takes place however, if a “reasonable excuse” is not provided, if actions by the witness can be viewed as an attempt at contempt or failing to take an oath, answer questions or comply with directions.
In this instance, a “reasonable excuse” could be viewed as Dee Forbes citing health reasons as the cause to excuse her from being compelled as a witness. Therefore, the TDs are currently seeking legal advice on this matter.
Smyth, although she has said she would follow through with compelling a witness, has asked that the witnesses in question “does not put the committee in a position to compel, because that is an onerous, long task”.
To embed this post, copy the code below on your site
have your say