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Former RTÉ Director General Dee Forbes Leah Farrell/Rollingnews.ie
Public Accounts Committee

RTÉ offers Kelly-Forbes note to PAC provided it is not published or discussed in public session

It is understood that a number of PAC members are in favour of seeking powers of compellability.

LAST UPDATE | 8 Nov 2023

RTÉ DIRECTOR GENERAL Kevin Bakhurst has written to Oireachtas Public Accounts Committee (PAC) offering an “extensive and detailed summary” of a note taken at a virtual meeting held between agent Noel Kelly and former station boss Dee Forbes in May 2020.

It was during this meeting that RTÉ and Kelly have said the underwriting agreement for Ryan Tubridy’s contract was ultimately agreed.

Although previously requested by the PAC, RTÉ has refused to release the note to date.

Members of the PAC maintain it is central to their investigation into the RTÉ scandal, but RTÉ has refused to hand over the document citing client and solicitor confidentiality.

In a letter to committee members this afternoon, Bakhurst said a number of options had been considered, and suggested one option would be to give members details of what is contained in the note, but only if they agree not to discuss it publicly.

He said RTÉ will “provide the committee with an extensive and detailed summary of the note,” but only “if it can be agreed that such information would be examined in private session only”.

This is due to the note being subject of solicitor-client confidentiality, he states. 

However, he argues this could be a solution that could satisfy the committee’s request recognising the members request is “in the interest of transparency”.

Bakhurst said that RTÉ “wishes to respectfully reach a mutually acceptable compromise that we hope will be of assistance”. 

He goes on to state that it is his view that the note, if discussed in private session, cannot be “examined, discussed or referred to in any public session and will not be published by the PAC”. 

Bakhurst states that the proposal might be somewhat “convoluted”, but added that it is of considerable importance that RTÉ maintains confidentiality in relation to such legal files. He concludes by stating he hopes the proposal can be accepted by the committee. 

The letter from Bakhurst came as the the Dáil Committee on Parliamentary Privileges and Oversight (CPPO) met today to discuss giving the Public Accounts Committee (PAC) powers to compel RTÉ to hand over documents.

In view of the fact that Bakhurst had written to the PAC with a proposal, the  CPPO agreed to defer the consideration of the request until the PAC had considered RTÉ’s alternative proposal. 

The CPPO requested that PAC members refer back in relation to whether it wanted to pursue compellability in no later than one week.

The Journal understands that a number of members are unhappy with the proposal put forward by RTÉ. It is expected that compelibilty will be sought by a number of members of the PAC.  

Members of the PAC are want to compel former RTÉ executives Dee Forbes, Breda O’Keeffe and Geraldine O’Leary to appear as witnesses before the committee in relation to the scandal that has engulfed the broadcaster since secret payments to top presenter Ryan Tubridy became public in June.

O’Leary has appeared before both the Public Accounts Committee and the Media Committee, while O’Keeffe has appeared before the Media Committee.

Forbes has not appeared before an Oireachtas committee yet, nor participated in any of the subsequent investigations into governance at RTÉ, citing ill health.

The latest development today comes as RTÉ informed staff today that a document setting out the new direction for RTÉ has been approved by the Board of RTÉ and will be revealed next week.

RTÉ Director-General, Kevin Bakhurst wrote to RTÉ staff this morning to confirm that he expects to be in a position to share details with them early next week, before wider publication.

He said the strategic vision is the first step in engaging with RTÉ’s many stakeholders – government, RTÉ staff, the media, the public, our audience, independent producers, regulators, service providers, and others – on the future of RTÉ.

Feedback from stakeholders will inform the development of RTÉ’s Statement of Strategy for 2024 – 2028, which is due in the new year, he said. 

Arts Minister Catherine Martin is expected to received the new strategic vision report in the coming days. 

A spokesperson for the department told The Journal that officials have been advised that following approval of the Board, the document is being finalised for submission to the Minister, which is expected shortly . 

With reporting from Jane Matthews