Philip Nolan case continues to complicate establishment of new State agency

The orderly transition of Science Foundation Ireland (SFI) to an enhanced State research agency with a €300 million annual budget has got much more complicated. This is because its chief executive designate Prof Philip Nolan is likely to be embroiled in legal actions with SFI for months to come.

The new body, Taighde Éireann, is due to be operational this year but Prof Nolan’s dismissal as SFI chief executive in May, cast doubt about his appointment to the new role. Minister for Higher Education Patrick O’Donovan has refused to say if he is still pencilled in for the role.

Mr Justice Rory Mulcahy refused to grant orders permitting his return to work at SFI pending full determination of his court case. Based on what was presented to the judge in affidavits, the SFI board could dismiss Nolan “for no reason at all”.

The question is whether he was dismissed for misconduct (Nolan denies any wrongdoing) and therefore entitled to fair procedures. SFI says the termination came pursuant to his contract terms. The judge found the dismissal letter “left significant doubt” about the basis for termination, but SFI sworn statements “make clear” its contention it did not dismiss for misconduct.

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[ Prof Philip Nolan appealing judge’s refusal to extend injunction preventing dismissal from SFI ]

During the latest hearing, Nolan’s counsel Padraic Lyons confirmed his client would be appealing the decision. This is likely to go to the Court of Appeal in the Autumn. The issue of legal fees should follow the outcome of the substantial trial of the case, the judge said, as it may be unjust for the academic to pay costs for his failed application with a wider case to follow. It might not be heard until next year.

The judge had noted he could not decide on conflicts of fact in the pretrial application. The full hearing is expected to outline the circumstances of protected disclosures made against Nolan by five senior staff members.

Clearly, SFI is anxious to push on with the transition with its staff due to transfer to Taighde Éireann. Further complicating matters, however, is that the term of office of SFI chair Prof Peter Clinch is due to end this month.

A spokeswoman for Minister O’Donovan said “the existing board remains quorate” and the Public Appointments Service led process to recruit the board and chairperson of the new agency is ongoing. These appointments will be announced in advance of the establishment date. “It would not be appropriate to comment on any other potential future arrangements at this stage.”

Necessary secondary legislation currently being prepared must be enacted before an establishment date can be determined, but ongoing Nolan litigation adds great uncertainty to timelines.

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