RTE writes to former execs seeking permission to waive exit payment confidentiality

RTÉ has written to former executives requesting consent to waive confidentiality agreements and reveal exit payments.

It comes following controversy over confidentiality clauses linked to the exit packages of former Chief Financial Officer Richard Collins and Rory Coveney, Director of Strategy.

Kevin Bakhurst, RTÉ’s Director General, stated last weekend that he could not reveal details of Mr Collins’ package due to a binding confidentiality clause.

While he could not reveal how much Mr Coveney’s exit payment was, he stated the costs would be recouped by July, leading to the assumption that the package was in the region of €200,000.

RTÉ has now confirmed it has written to former execs asking them to waive confidentiality clauses.

“RTÉ 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,” a spokesman said.

“While RTÉ will continue to operate in accordance with best practice, it has confirmed to the Minister that it is taking external advice with regard to future caps on severance pay and termination agreements, as well as options regarding confidentiality.

“RTÉ has also confirmed to the Minister that it has written to the former members of the executive, who departed the organisation since 2016, requesting their consent to waive their right to confidentiality.”

rte writes to former execs seeking permission to waive exit payment confidentiality

The RTE Television Studios in Donnybrook, near Dublin in the Republic of Ireland

The letter from Arthur Cox, received on Wednesday, stated that “employees and former employees have a legal entitlement that their personal data (and particularly sensitive personal data) arising from their employment is not made publicly available”.

The letter said that if such information is published, it believes this “would contravene employees’ contractual and statutory rights thereby exposing RTÉ to avoidable legal challenge”.

“Settlement agreements are contracts that are regularly entered into where an employment relationship comes to an end and there are claims pending, threatened or likely to arise,” it continued.

“Such agreements will be found to exist, in our experience, in the public, private and commercial semi-state sectors.”

The solicitor provided details of the WRC’s clause on confidentiality agreements which say details “may not be published or disclosed except on the order of the High Court or Circuit Court or with the consent of the person furnishing the information and of any other person to whom the information may relate”.

rte writes to former execs seeking permission to waive exit payment confidentiality

RTE Director General, Kevin Bakhurst pictured in his office in Donnybrook…Picture Colin Keegan, Collins Dublin

Arthur Cox said that while it “fully appreciates the request for transparency”, it advised Mr Bakhurst to “exercise extreme caution having regard for the civil and criminal consequences attaching to such disclosure”.

In a second letter, Arthur Cox stated that it had advised Mr Bakhurst in negotiating settlements and “the terms ultimately agreed represented a better commercial outcome for RTÉ than the alternative options available”.

RTÉ has also undertaken to look at bringing forward the publication of its Related Party Disclosures figures, normally published each year in its annual report.

These figures relate to transactions with key management personnel.

These figures will include an aggregate statement of termination benefits paid in 2023.

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