RTÉ reveals updated legal advice on exit payments including request to waive confidentiality agreements

It confirmed to Media Minister Catherine Martin that it has written to former members of the executive, who departed the organisation since 2016, requesting their consent to waive their right to confidentiality.

The State broadcaster is also taking external advice with regard to future caps on severance pay and termination agreements, as well as options regarding confidentiality.

Advice by legal firm Arthur Cox, published by RTÉ, states that both employees and former employees have a legal right that their personal data relating to their employment is not made publicly available.

“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,” a letter dated February 21 stated.

In a statement this morning, RTÉ said it 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”.

It has also undertaken to look at bringing forward publication of the IAS 24 Related Party Disclosures figures, which will include an aggregate statement of termination benefits paid in 2023.

This comes after indications suggested that confidentiality clauses relating to exit payments may not be able to be breached without court action being taken.

RTÉ stated yesterday that it had received "full legal advice" concerning the publication of details of exit packages and that it had briefed Minister Martin.

There are some suggestions that the overall figure for the payments could be revealed to the Oireachtas Media Committee.

This would be how much was paid out to top executives and how those amounts were calculated as well as if proof can be provided that the roles where exit payments were given were made redundant and that savings were achieved for the organisation as a result.

Meanwhile, the Government is considering bringing RTÉ under the remit of the State auditor, Taoiseach Leo Varadkar told his parliamentary party last night.

The Dáil’s Public Accounts Committee (PAC) is expected to recommend that the broadcaster is brought under the remit of the Comptroller and Auditor General (C&AG) in a report published shortly.

The Comptroller and Auditor General edits the accounts of Government Departments and State bodies to ensure public funds are being used appropriately.

Today's News in 90 Seconds - 22nd February 2024

Minister Martin also backs the move, it is understood.

Speaking in the Dáil yesterday, Mr Varadkar again said he believes "that there should be a cap" on the value of exit packages which use public money.

Bringing RTÉ under C&AG remit will mean the auditor will scrutinise its accounts every year.

This will be in attempt to increase financial oversight at RTÉ.

Sinn Féin leader Mary Lou McDonald also indicated that it was something she would like to see.