Minister has intervened in dispute between Philip Nolan and Science Foundation Ireland, court told

Padraic Lyons told the court on Tuesday that in late April a representative for Minister Patrick O’Donovan wrote to SFI noting that an independent barrister’s investigation into claims against Prof. Nolan by five senior staff members made no findings of bullying or breaches of corporate governance.

The secretary general of the department, writing on behalf of the new minister, said it would be in the “best interests” of the research agency to resolve matters promptly and that mediation could be an approach to take, the court heard.

Still to be considered by SFI was the investigation report’s conclusion that Prof. Nolan engaged in inappropriate behaviour that could ground allegations of gross misconduct. Prof. Nolan emphatically rejects the charge.

Mr Lyons, instructed by Daniel Spring & Co Solicitors, said the SFI board gave a “thin-skinned” response to the minister’s letter, saying it was surprised he would suggest mediation before a disciplinary process into the outstanding claims was initiated. 

This reply indicated that there would be a disciplinary process, said Mr Lyons, but the SFI board went on to summarily dismiss his client last May 27 without any such process, which would have allowed his client to defend himself.

It is “untenable” for SFI to now contend it dismissed Prof. Nolan not for misconduct reasons but because it was exercising its contractual right to dismiss.

Prof. Nolan is asking Mr Justice Rory Mulcahy to extend orders he made in recent weeks preventing his dismissal from his director general role. His lawyers argue there was “no conceivable justification” for the move. SFI denies his claims and is contesting his application, which is continuing this afternoon.

In a letter dismissing Prof. Nolan on May 27, the SFI board’s chair, Prof. Peter Clinch, noted an internal group’s report recommended the invocation of disciplinary procedures against Prof. Nolan regarding instances of inappropriate behaviour cited in the barrister’s investigation.

He said the board had to consider whether it was in SFI’s best interests to “prolong this matter and the discord it has produced, including the loss of trust at the executive level that is a clear threat to the ability of the foundation to meet its statutory function”.

Prof. Clinch said it had been decided it was “neither in the foundation’s interests nor yours to initiate a disciplinary process” and the board “cannot allow the situation to continue”. He noted Prof. Nolan rejects certain findings of the report but said the board has decided terminating his contract is the “correct course”.

SFI’s senior counsel, Mark Connaughton, instructed by McCann Fitzgerald solicitors, previously said the “only basis” for terminating Prof. Nolan’s employment was by reference to the “express terms” of his written contract. SFI has yet to outline its full defence to the court.

Case background

Prof. Nolan came to public prominence during the pandemic while leading the National Public Health Emergency Team’s (Nphet’s) epidemiological modelling group. He is a former president of Maynooth University.

Prof. Nolan, who assumed the director general role in January 2022, argues the claims made against him “without foundation” last December form part of an “orchestrated” bid to frustrate his efforts to substantially reform the organisation.

The Department of Research, Innovation and Science had acknowledged a need for change but, Prof. Nolan said, there was “profound resistance” to this aim from the senior management team. He believes most of SFI’s 120 staff members are in favour of reform.

He was appointed CEO-designate of Research Ireland — a planned merger of SFI and the Irish Research Council — in a move he says amounted to an endorsement by the Government of his leadership and strategy.

He believes he can continue to perform his role to the benefit of SFI and Research Ireland if he has the correct support. He noted the SFI board is soon to be dissolved and said the organisation and the research community it serves will be “seriously disadvantaged” if the amalgamation is delayed or halted due to SFI actions.