How much power has RTÉ's new director general Kevin Bakhurst to make changes at the national broadcaster?

RTÉ's new director general Kevin Bakhurst hit the ground running when he officially took up his role on Monday.

An email was sent out to staff at 7am announcing his decision to “stand down” the executive board of the national broadcaster, and to replace it with a “temporary interim leadership team”. He met staff and media to answer questions and outline future plans.

But how far exactly can he go as he seeks to restore trust in the organisation amid the continuing payments scandal, as well as to address other challenges such as the broadcaster’s financial problems?

The role of DG is defined under section 89 of the Broadcasting Act 2009.

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According to the Act, the consent of the government is necessary before a corporation appoints or removes the director general, or alters his or her remuneration or terms and conditions of holding office.

That requirement was followed earlier this year when Minister for Media Catherine Martin announced the Government’s consent to Mr Bakhurst’s appointment on April 18th.

In terms of the role of the DG, the Act states the individual holding the post “shall carry on and manage, and control generally, the administration of the corporation; act as editor-in-chief in respect of content published by the corporation in pursuance of its objects under this act, and perform such other functions (if any) as may be determined by the board of the corporation”.

[ RTÉ pay crisis: Kevin Bakhurst asks audience to give RTÉ ‘benefit of the doubt’ on first day as director general ]

Legal sources working in the area said the definition provided for the DG’s role in the Act is quite broad.

Under the Act, one source said, the Broadcasting Authority of Ireland, the staff and functions of which were this year transferred to a new body entitled Coimisiún na Meán, serves only a “supervisory and regulatory” role in terms of monitoring broadcasters such as RTÉ.

Internal changes, how the broadcaster operates and direct management are “exclusively” under the remit of Mr Bakhurst, the source said, meaning he essentially has free rein in terms of any changes or reforms he would like to implement.

[ Kevin Bakhurst’s arrival gives RTÉ a much-needed leader ]

The exception to this is the RTÉ board, which is not decided by the DG, and to which he reports.

It consists of six board members who are appointed on the nomination of the Minister; the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media proposes four members to the Minister; the DG is a member; and one member of staff is appointed following election.

Mr Bakhurst’s role encompasses both corporate governance and commerciality as well as editorial responsibility.

In journalism, the separation between these two sides of the business is often called the separation of church and state. While one person holding a role encompassing both tasks may be unusual in other news organisations, it seems common practice in public service broadcasting, with the BBC running a similar ship in the UK.

Tim Davie was appointed as the BBC’s DG in 2020, and has a similar list of tasks to Mr Bakhurst: reforming the licence fee system, modernising the broadcaster in an increasingly digital world, and being more creative in its content output.