The former controller of BBC Northern Ireland Anna Carragher has been appointed by the Broadcasting Authority of Ireland (BAI) to investigate the circumstances which led to RTÉ libelling Fr Kevin Reynolds.
Ms Carragher, who was BBC Northern Ireland controller from 2000 to 2006, will have to report back to the BAI’s compliance committee within two months.
The independent external investigation was set up by the Minister for Communications Pat Rabbitte under Section 53 of the Broadcasting Act (2009).
It will examine whether the Prime Time Investigates programme was fair, objective and impartial under the terms of the Broadcasting Act.
The authority will then decide if financial penalties are placed on RTÉ. Provisions in the act allow for fines of up to €250,000.
Ms Carragher will only deal with the seven minute Fr Kevin Reynolds segment and not with other issues relating to the programme.
The Prime Time Investigates programme, which was aired on May 23rd, wrongly accused Fr Reynolds of raping a minor and having a child with her 30 years ago when he was a missionary priest in Kenya.
Ms Carragher's remit will include a review of the established RTÉ programme-making guidelines and how they were applied to the programme. It will also examine the validity of surreptitious recordings and “door-stepping”.
It will also examine the question of who signed off on the programme and the legal advice given to the programme makers in advance. It will look at the scheduling pressures, staff resources and commercial considerations which went in to making the programme along with the programme budget.
She will not look into issues following the broadcast. Nor she will be including the case of Br Ger Dillon, a Christian Brother, who was named in the programme. His family claim he was wrongly accused of inappropriate sexual behaviour with a pupil while working as a teacher in South Africa.
Ms Carragher will have the power to compel witnesses to attend and to seek any documentation she needs.
A failure to comply with any of her requests could lead to a financial penalty being placed on RTÉ.