The smooth transformation of Science Foundation Ireland (SFI) into a more robust State research body with a yearly budget of €300 million has encountered significant complications. The complexity arises as the planned chief executive, Prof Philip Nolan, faces impending legal battles against SFI spanning several months.
This year Taighde Éireann, the future agency, was scheduled to commence operations, but doubts have emerged about Prof Nolan’s move to the new role due to his removal as the CEO of SFI in May. Despite this, Patrick O’Donovan, the Minister for Higher Education, has declined to confirm Nolan’s continuous candidacy for the new position.
Mr Justice Rory Mulcahy chose not to issue a return-to-work ruling for Nolan at SFI until a full court case judgement. The presented affidavits suggest SFI board could let go of Nolan devoid of any reason.
The primary issue at hand is whether Prof Nolan was removed due to misconduct—which he denies—or he deserves fair proceedings. According to SFI, the termination was according to the terms of his contract. However, the severance letter was found to have “considerable ambiguity” regarding the reason for the dismissal, yet SFI’s sworn testimonies assert their claim of no dismissal due to misconduct.
During the most recent hearing, Padraic Lyons, Nolan’s legal representative confirmed that the decision would be challenged. The case is expected to reach the Court of Appeal this Autumn. The judge indicated that the decision about legal costs should be made following the primary trial results claiming it could not be fair to burden the professor with the expenses of an unsuccessful plea if a more extensive case is further down the line. This full case, however, might not take place until the following year.
The judge also mentioned his inability to ascertain the truth during the pre-trial phase about allegations made by five senior staff members against Nolan.
It is evident that SFI is eager to expedite its transformation, with its staff planned to transition to Taighde Éireann. An additional complication, however, is the upcoming expiration of the term of Prof Peter Clinch, the SFI chair, later this month.
A representative for Minister O’Donovan confirmed that the current board retains its quorum. She added that the board and chairperson for the new authority are still under recruitment, guided by the Public Appointments Service. The appointments are set to be revealed ahead of its official initiation date. Expressing on any prospective arrangements, at this point, would not be deemed suitable. The required subordinate law, which is presently under preparation, must be passed before setting up the institution’s date of establishment. However, the continuous Nolan lawsuits impose considerable unpredictability regarding scheduling.