The recent turmoil at Science Foundation Ireland (SFI) was characterised as “marked by turbulence,” by High Court Judge Rory Mulcahy, with perhaps some understatement. The organisation, where Philip Nolan functioned as the director general and is accountable for funding research in areas such as science, technology, engineering and mathematics, began to disintegrate due to internal conflicts.
This contention within SFI also had political repercussions. The Department of Further and Higher Education, SFI’s overseeing department, is typically not perceived as a particularly contentious government sector. However, turbulence emerged on January 8th, when SFI’s chairman, Prof. Peter Clinch, disclosed to the department that five senior staff had issued protected disclosures alleging accusations against Nolan. The Minister who received this information was Simon Harris, who was soon to become prominent in national affairs, as he was shortly due to transition to the Taoiseach’s office.
The role earmarked for Nolan by Harris was that of the “CEO designate” of a new entity, Research Ireland. This new body would result from a merger of SFI and the Irish Research Council (IRC) and would have an annual budget of €300 million.
Public quarrels sporadically arise within state bodies. About twenty-eight years prior, an internal disagreement within the Department of Health pushed senior management into court over a promotion. The public generally remained unaware of those involved due to their less prominent roles. In sharp contrast, Nolan was immensely popular and recognized for his significant role on the National Public Health Emergency Team during the Covid pandemic.
Hence, the uproar in SFI, when it became public knowledge, was destined to turn into substantial public controversy. Nolan’s tenure at the SFI ended abruptly on May 27th when the board dismissed him. The board believed that the severity and extent of his relations issue with his high-ranking officers were impossible to disregard. Citing ineffective management operation, the board expressed concerns about the foundation’s abilities to meet its statutory roles.
An independent investigator, introduced by the SFI board, concluded that although Nolan did not violate corporate governance and was not involved in bullying, he showed “inappropriate behaviour” towards senior executives. The misconduct was especially egregious towards two individuals. A protected disclosure team, comprising three board members, and the full board concurred with these findings.
In his dismissal letter to Nolan, Clinch stated that it would not benefit either the Foundation or Nolan to commence a disciplinary procedure based on the protected disclosure group’s report. Instead, Nolan’s dismissal was effected under a clause in his contract permitting the termination of his employment with three months’ written notice by SFI. However, Nolan managed to secure a temporary order from the High Court stalling his dismissal, but his request for an extension until he presents his full case was denied by the court.
According to the judge’s speculation, it might transpire that this was essentially a dismissal for misconduct once the complete case is considered. Nonetheless, the judge emphasised that for now, the evidence doesn’t support a strong case in Nolan’s favour. The refusal to extend the interim order adversely affects Nolan’s chances of rejoining SFI.
The judge indicated that the possibility of restoring this employer/employee relationship appeared doubtful, even if Nolan prevails in these proceedings, given the current circumstances. It was also noted that SFI is not anticipated to exist as an independent entity much longer.
The judge acknowledged Nolan’s apprehension regarding the potential impact on his prospective role as the designated CEO of the new Research Ireland association and his right to continue as director general of SFI. The judge highlighted that the proceedings confirmed Nolan wasn’t dismissed for misconduct. He proposed that Nolan’s appointment as the head of the new Research Ireland association wouldn’t necessarily be jeopardised. This matter would fall under the responsibility of the new Minister for Higher Education, Patrick O’Donovan.
O’Donovan’s unit has yet to disclose when the agency will officially commence. The department refrained from making comments about possible future arrangements at the present time. Sources close to Nolan revealed that he is contemplating all his legal avenues.