RTÉ's proposed ‘register of interests’ could apply to staff and contractors paid over €73,000

RTÉ has outlined proposals for a register of interests for staff and contractors that could apply to all workers at the broadcaster who are paid around €73,000-a-year or more.

The broadcaster has published a scoping document on the planned register of interests, a separate organisation-wide register of external activities and a central register of gifts on Tuesday morning.

The proposals have been shared with staff, the RTÉ Trade Union Group (TUG) and the RTÉ Management Association for their consideration.

The register of interests was first mooted in the wake of the controversy that emerged after the broadcaster disclosed Ryan Tubridy’s pay was significantly higher than had been indicated.

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That controversy has spread to encompass concerns about perks and oversight of rules and standards for RTÉ staff.

Minister for Arts and Media Catherine Martin has previously said RTÉ staff who do not comply with disclosure obligations on the broadcaster’s new register of interests will face sanctions.

Speaking on Tuesday, the Minister welcomed the publication by RTÉ of plans for a register of interests for staff and presenters, saying she was in favour of sanctions for noncompliance.

She said that a Government decision on long-term funding for RTÉ will not occur until the new year and will also likely require legislation.

Speaking on Tuesday, Ms Martin also said she expects to bring RTÉ’s Annual Report and Accounts for 2022 to Cabinet at either its first or second meeting in September. The Minister received a copy of the report in late June but is awaiting the completion of a review of it by New Era, the agency which provides financial advice to the Government.

“I received a letter from RTÉ before the (Ryan Tubridy payments) controversy looking for an exact figure (for interim funding) so it’s only right that New Era get a chance to study it forensically, to see what the actual needs are.”

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The document published on Tuesday is a draft and it says it is important to note that “nothing is finalised”.

It says “Public trust in RTÉ is the cornerstone of our public service mandate. RTÉ has acknowledged that this has been damaged by recent events and significant steps are required to rebuild that trust.”

It says that director general Kevin Bakhurst has given a public commitment to introduce an RTÉ Register of Interests “which may go beyond existing legal requirements.”

RTÉ also acknowledges that the external activities of those working for or with RTÉ “are also an important element of public trust in RTÉ.”

The document says: “RTÉ content must be seen to be accurate, impartial, fair and independent of any vested interests, and we have extensive policies to deal with many issues, such as conflicts of interest.”

The scoping document sets out the broad parameters of proposals to introduce the two registers.

It sets out the existing legal basis for what is being proposed including current codes of conduct and policies that “require any person to bring an actual or potential conflict of interest to the attention of line management.”

Requests to engage in external activities must be made in writing to line management.

It is unclear whether or not the new register of interests would be published.

The National Union of Journalists said the purpose of any register “must be to serve the public interest rather than public curiosity”.

“It is vital that any new policies are applied across all platforms and enforced in a fair and consistent manner at every level,” the NUJ said in a statement.

“Trade unions will also be demanding a more consistent approach to breaches of policies and procedures at all levels within the organisation.”

The document says that RTÉ is consulting with its Data Protection Officer (DPO) on a range of requirements, including the need to ensure that all aspects of the proposal “have valid legal grounds under the GDPR” and are transparent.

In relation to instances where a person does not declare a potential conflict of interest the document says: “Internally, it is already a mandatory obligation to disclose an actual or potential conflict of interest and failure to do so is liable for disciplinary action.”

On the question of whether the information will be published the document says: “RTÉ is committed to operating in as transparent a fashion as legally permitted.”

It also says: “However, RTÉ is also committed to protecting the rights and interests of its staff and contractors” including their rights under the GDPR, the Ethics In Public Offices Act, and the Freedom of Information Act.

The proposal is to introduce a standardised process across RTÉ for seeking approval for external activities aimed at identifying “conflicts of interest or potential conflicts of interest that may or may be seen to conflict with RTÉ's obligations.” It would apply to all staff and contractors who are engaged in RTÉ's editorial output – its news and content divisions.

Activities such as requests for speaking engagements, chairing meetings, joining a panel/discussion group, promoting commercial ventures, including draws, raffles, prizes, brand ambassador arrangements – among other activities – would all be covered by the new process.

The document says that it is already a mandatory obligation to seek written approval for external activities and “Any applicable external activity engaged without approval is liable for disciplinary action.”

The document also RTÉ's intention to examine the establishment of a central register of gifts.

It says the Ethics in Public Offices Act defines a gift as something valued at €650 or over and which does not come from a family member, close friend etc.

RTÉ already has policies that work related gifts should only be accepted if they are of nominal or moderate value.

Asked for clarity on whether the proposed Register of Interests will be published online for the public to see, an RTÉ statement highlighted a part of the report that states “RTÉ has stated that the work of rebuilding public trust will require significant reform and transparency across the organisation while being mindful of our legal obligations”.

It also pointed to a section stating: “As the proposals entail the handling of personal data, RTÉ is required to ensure that it complies with data protection law”. It said it was consulting with its Data Protection Officer (DPO) in this regard.

It added that a range of requirements are being looked at “including the need to ensure that all aspects of the proposal have valid legal grounds under the GDPR; comply with the principle of data minimisation; are transparent and are documented by way of records of processing activities (ROPAs)”.

“A final decision will be made once the consultation ... is complete,” it said.

Emma O’Kelly, RTÉ education correspondent and chair of the NUJ Dublin broadcasting branch, said staff in the broadcaster were approaching the new register “positively”.

While there had been some initial “concerns” around privacy, Ms O’Kelly said she believed these could all be worked through. Any measures that promoted transparency were welcome, she said.

Ms O’Kelly said that staff were already required to seek approval for external activities, through a process that was “really stringently applied”. She said she believed RTÉ staff would come to the table “openly and positively” when it came to the new register of interests.