Leo Varadkar believes the gardai could be called in to investigate RTE's secret slush fund because some of the payments may have been illegal.
The Taoiseach's comments came after Garda Commissioner, Drew Harris, said the force is ready and able to conduct a probe if asked. Mr Varadkar was in Brussels for the European Council summit of EU leaders yesterday.
He told reporters: “I don’t think we can rule out the fact that it’s not just a case of irregular payments, that some of these payments may have been on the wrong side of the law. But I don’t want to jump to that conclusion.”
“The fact that it was so untransparent, even concealed, that payments were made for work that perhaps wasn’t done. That’s much more serious, I think, and is a matter of real concern.”
Read more: Gardai will launch criminal probe into RTE scandal if station bosses complain
He added he was “not sure” if the gardai need to be called in yet: “It did concern me to hear that payments were – or it would appear anyway – made by RTE to outside contractors for work that wasn’t actually done.
“RTE receives public money from the licence fee and other sources and receives commercial money from advertising and commercial partners and that all goes into the one pot.
“I’m not sure that’s going to be appropriate going forward.
“I know, as someone who’s a trustee of a political party, we have to keep the public money separate from the money we raise ourselves, we have to produce separate accounts.
“And I’m wondering, might it have been better if [RTE] operated on that basis.”
The Taoiseach warned RTE about holding back documents from the PAC on ‘legal privilege’ grounds He said: “That does depend on circumstances.
“Legal privilege is there for a reason and does need to be protected.
“I don’t know the exact circumstances that are there, but individuals, companies, governments use legal privilege because if you’re involved in a court case if somebody’s suing you, and the fact that you’re forced to release all your documents and the other side isn’t, puts you at an enormous disadvantage.
“So there is a reason for legal privilege.
“I don’t know whether it’s appropriate in this case or not. I just don’t know enough about it.”
Meanwhile, Garda Commissioner Drew Harris has said the force is not investigating the RTE payments scandal – but will if bosses in the national broadcaster ask it to.
“We haven’t received any complaints,” the Commissioner said – when asked if the force was carrying out an investigation into the crisis within the broadcaster.
And, speaking at a meeting of the Policing Authority in Drogheda yesterday he added that he did not see at this stage the need for a probe.
Mr Harris added: “We would only engage if there were elements of deception or dishonesty in respect of behaviour.
“And no complaints have been here to my office, and neither do we see that for the moment ourselves.”
But when asked by The Mirror if there should be a probe following the statement by RTE chair Siun Ni Raghallaigh that she believed the payments scandal included a “design to deceive,” Mr Harris said it was up to RTE bosses to make a complaint: “They would need to bring their concerns to my office.”
The Minister for Health Stephen Donnelly, said yesterday An Garda Siochana should be notified of any alleged financial fraud at RTE.
The national pubic service broadcaster is fighting for its survival after it emerged it paid undisclosed sums of public money to former star host of The Late Late Show, Ryan Tubridy.
Speaking in Limerick, Minister Donnelly said: “There are a lot of questions that still need to be answered.
“I thought there was some concerning testimony heard at the Public Accounts Committee.”
“I think there were was a reference from the (RTE) board to potential ‘deception’.
“I think ‘fraud’ was mentioned by one member of the board - these are serious things that we are hearing.”
Sign up to the Dublin Live Newsletter to get all the latest Dublin news straight to your inbox.