Members of the BAI?

MINISTER FOR Communications Eamon Ryan has put a stay on the appointment of candidates recommended by an Oireachtas committee to the boards of both RTÉ and the new Broadcasting Authority of Ireland (BAI) because of a legal difficulty that has emerged.

In what has been portrayed as an “embarrassing cock-up” by the Opposition, Mr Ryan has received legal advice that the appointment of people to the boards who themselves are involved with, or have an interest in, broadcasting may not comply with the Broadcasting Act 2009, which provides for the appointments process.

The Irish Times understands that the legal difficulty may extend to members that Mr Ryan has already appointed to the new boards of RTÉ and the BAI during the autumn of 2009. They have already participated in meetings of the new boards.

The new system for appointments allows the Oireachtas Committee on Communications, chaired by Fianna Fáil TD MJ Nolan, to recommend four candidates for each of the boards of RTÉ, the BAI and TG4. After a public consultation process, over 280 people applied for the positions on RTÉ and the BAI. After what one member described as a rigorous and thorough process, the committee unanimously agreed to recommend eight candidates in December.

The Minister was due to ratify the appointments in January but it did not happen. The legal issue emerged after committee member Liz McManus TD (Labour) raised the delays in appointing the members twice on the Dáil Order of Business, most recently last Tuesday.

Yesterday, a spokeswoman for the department said the reason for the delay was because of legal advice that the appointments of those with an interest in broadcasting may not be in compliance with the Act.

She said the matter had been referred to Attorney General Paul Gallagher and that no appointment could be made pending advice received from him. She said that Mr Ryan had also sought a meeting with the committee to be held “in camera”. Asked why it should be held in private, she said the sole reason was because it would involve a discussion of named individuals.

Those affected are believed to include film-maker Alan Gilsenan,independent producer Stuart Switzer, and broadcast producers Aileen O’Meara, Larry Bass and Siobhán Ní Ghadhra.

Ms McManus, her party’s communications spokeswoman, said yesterday that the process had descended into a mess.

“It all sounds extraordinary to me that this issue should only emerge now after the committee has completed a very lengthy, careful and complex process. It smacks of incompetence. The Government could not run a bath.”

Simon Coveney, of Fine Gael, said it was a “hugely embarrassing cock-up” for the Government.

“This is extraordinary. People chosen as suitable for the board are deemed ineligible for the board now. If the Act excludes people with an interest in broadcasting, it’s nonsensical,” he said.

The Cush wrote: »

Following legal advice from the Attorney General the appointments to the various boards get the go ahead