Science

Minister refuses to clarify if Philip Nolan is ‘CEO designate’ of new research agency

Prof Nolan is embroiled in a legal row with board of Science Foundation Ireland

Prof Nolan failed last week in his bid to secure further High Court orders preventing his dismissal as SFI director general. Photograph: Dara Mac Dónaill

Kevin O'Sullivan Environment and Science Editor
Wed Jun 26 2024 - 18:28

Minister for Higher Education Patrick O’Donovan has declined to indicate whether Prof Philip Nolan remains “chief executive-designate” of the State’s new agency overseeing Irish research.

Prof Nolan, who is embroiled in a legal row with the board of Science Foundation Ireland (SFI), was appointed to the role at Research Ireland in May 2023 by the then minister for further education and research Simon Harris.

Mr Harris said at the time the appointment marked “a pivotal moment in the process to establish the agency”.

The new agency, which takes over the functions of SFI and the Irish Research Council, is due to have an annual budget of €300 million and the necessary legislation to establish it has passed the Oireachtas. It is due to come into operation this year.

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Prof Nolan failed last week in his bid to secure further High Court orders preventing his dismissal as SFI director general. Responding to The Irish Times, a spokeswoman for Mr O’Donovan said the legislation to enable the merger of SFI and the council was signed into law recently by the President.

The Public Appointments Service-led process to recruit the board and chairperson of the new agency was ongoing, she added, with these appointments to be announced before the establishment date. “It would not be appropriate to comment on any other potential future arrangements at this stage,” she said.

The Minister also declined to say whether Prof Nolan received a “letter of comfort” – a document typically provided to offer a level of assurance that an obligation will be met – when made chief executive-designate.

Mr Justice Rory Mulcahy refused to grant orders permitting Prof Nolan’s return to work pending full determination of his court case. However, his earlier short-term injunction preventing dismissal remains until he makes final orders in the pretrial application on July 4th.

It was not disputed his contract permitted the SFI board to dismiss him “for no reason at all”, he said.

The principal question for the court was whether he was dismissed for misconduct, which would have entitled him to fair procedures, notwithstanding SFI’s claim to the contrary.

The judge said the SFI board gave reasons for dismissal which were “no doubt connected” to disruption following claims made against Prof Nolan by five senior staff members last December.

Prof Nolan may be able to show at the full trial that this was, in substance, dismissal for misconduct, the judge said. However, he said current evidence did not establish he was dismissed for misconduct and he had not met the “high” threshold for granting longer term mandatory orders.

Prof Nolan went to the High Court days after receiving a letter from the SFI board terminating his contract. It noted two reports on claims made against him by senior staff made no findings of bullying or corporate governance breaches against him.

However, it believed there was a “breakdown” in relations between him and the executive committee and a “threat of the most serious kind” to the performance of its statutory duties.

While an investigation by barrister Tom Mallon into claims against Prof Nolan made no findings against him, it concluded he engaged in inappropriate behaviour. He has rejected the claim and submitted he should have been allowed to contest it through a disciplinary process.

He is understood to be considering his options, including the possibility of further legal action but was not available for comment.

The Research and Innovation Act 2024 provides for transfer of all SFI staff, and certain members of staff of the Higher Education Authority with functions relating to research, to Taighde Éireann. The new agency will be based in the existing SFI premises at Hatch Street Upper in Dublin.

Necessary secondary legislation associated with the Act is currently being prepared, “and an establishment date will be determined by the Minister in due course”, the Minister’s spokeswoman said.

With regard to SFI, “the existing board remains quorate” while the agency was “fully operational and continues to deliver on its mandate to fund and support excellent and impactful research and innovation for the benefit of Ireland’s economy and society”, she said.

Kevin O'Sullivan

Kevin O'Sullivan

Kevin O'Sullivan is Environment and Science Editor and former editor of The Irish Times

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