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RTE director general Kevin Bakhurst. Alamy Stock Photo

Data Commission blocks RTE from releasing full freelance earning breakdown for staff

RTE revealed this morning that if they did release the names of those earning freelance pay that they would face legal action from the Data Protection Commission.

THE DATA PROTECTION Commission (DPC) has blocked RTE from publishing the names of workers who have earned extra money from freelance work outside of their contracts with the state entity.

In a statement this morning the media organisation showed that there were 133 activities by employees earning a living outside of RTE activities for the months of February and March. It also revealed that less than 1% of those activities mean an employee has earned €10,000 or above from work outside of their Montrose responsibilities.

The Register of External Activities refers to activities, not individuals. An internal guidance document for RTE employees explains that the register applies to all staff and contractors. 

“Typically, it is on-air persons who are asked by outside interests to undertake an external activity because of their public profile. However, it may arise that those in certain editorial roles (decision making roles, or with significant input into editorial decisions) may be asked to engage in an external activity, for example, editors, producers, etc, and in such cases this form will apply,” the document states. 

There has been a recent exodus of big name presenters from RTE.

The 2 Johnnies announced that they were giving up their slot on 2FM at the end of May, while Doireann Garrihy presented her final show on the station on 31 May. 

Jennifer Zamparelli also recently left after more than a decade at the station, saying it was “time for me to move on”. 

Chief executive of 2fm Dan Healy has faced questions about whether the departures are linked to new rules at RTÉ aimed at identifying conflicts of interest, including work done by presenters by other brands or organisations and any payment received for external activities.

Healy told Today with Claire Byrne that the departures could not be attributed to a “single thing”.

“But you’re attributing it to single thing and what I’m saying is, it’s not that it’s nuanced, it is genuinely nuanced,” he said.

Blocked

This morning’s statement said that RTE had wished to publish a Register of External Activities for the first quarter of 2024 which would include names, the nature of the activity and the amount of money. 

The activities include outside business arrangements, brand involvement and other work such as MC at events. 

The broadcaster has said that the DPC has put a stop to that stating that there is no legislation available to permit RTE releasing sensitive private details. 

RTE also stated that the DPC also advised it would “invoke its statutory powers, if publication of the kind outlined above was proposed, in the absence of appropriate legislation”.

So as not to face the wrath of the DPC RTE has released a short statistical assessment:

  • 50%: No Payment/no benefit
  • 26%: €1 – €1,000:
  • 22%: €1,001 – €5,000
  • 1-2%: €5,001 – €10,000
  • <1%: Over €10,000

RTE Director-General, Kevin Bakhurst said that it was his intention to publish fuller details for reasons of “greater transparency around external activities”

“Over recent months, RTÉ revised the Register of External Activities to address various concerns but the Data Protection Commission is firmly of the view that specific legislative authority is required to publish the level of detail originally intended.

“RTÉ has made a written request to the Department to proceed with legislation and we acknowledge the readiness of the DPC to assist in this process,” he said. 

Bakhurst said that the statistical summary provides a level of transparency that would not have been possible prior to the commencement of the register. 

“It is notable that half of all approved activities did not involve any payment or benefit. These are events where those working with RTÉ give freely of their time for charitable, sporting, community, academic and social reasons.

“It is also important to note the operation of the Register of External Activities is not impacted and staff and contractors are still required to provide the relevant information when seeking approval for an external activity.

“With 133 approved in February and March, I would like to thank all those, staff and contractors, who have fully co-operated with this process,” he added. 

Governance reforms

The Register of External Activities, the Register of Interests and Register of Gifts are now operational across RTÉ as part of its governance reforms.

The Register covers the five main editorial divisions of RTÉ: News and Current Affairs, Sport, Content (TV), Radio 1 and Raidío na Gealtachta and RTÉ 2FM/Lyric fm/Gold.

The measures mean that in each division, a group of senior line managers decides whether to approve or not approve an application to engage in an external activity.

RTE explained that the core consideration in determining whether or not to approve is centred on RTÉ’s obligation under the broadcasting legislation for impartiality.

It said that External activities are typically ‘once-off’ activities, such as to MC an event, launching an event or product, speaking at a conference, etc.

RTE said that there are people working in the broadcaster that have “have ongoing business interests” which may involve a “commercial relationship” with a particular brand or entity and as part of which the person engages in a range of events/activities throughout the year.

“Individuals who come within this category have a legal and legitimate right to earn an outside income and ongoing commercial arrangements in this category do not necessarily constitute a ‘once-off’ external activity,” the statement said. 

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