Research and Innovation Act 2024

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Research and Innovation Act 2024.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Interpretation

2. (1) In this Act—

“Act of 2022” means the Higher Education Authority Act 2022;

“Agency” has the meaning assigned to it by section 7;

“An tÚdarás” means An tÚdarás um Ard-Oideachas;

“appeals board” has the meaning assigned to it by section 44(1);

“applicant” has the meaning assigned to it by section 36;

“application” has the meaning assigned to it by section 36;

“assessors” has the meaning assigned to it by section 10(4);

“award of funding” has the meaning assigned to it by section 37(8);

“Board” means the Board of the Agency;

“Chief Executive Officer”, in relation to the Agency, has the meaning assigned to it by section 28;

“committee of the Board” means a committee of the Board established by the Board under section 19;

“conditions of funding”, in relation to an award of funding, has the meaning assigned to it by section 37(9);

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^1] on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

“designated institution of higher education” has the meaning it has in the Act of 2022;

“dissolved body” has the meaning assigned to it by section 54;

“establishment day” means the day appointed under section 6;

“funding scheme” has the meaning assigned to it by section 35;

“higher education provider” has the meaning it has in the Act of 2022;

“information” includes data;

“innovation” means the development and use of new ideas, methods, products, processes, policies and services where they have not been used previously;

“Minister” means the Minister for Further and Higher Education, Research, Innovation and Science;

“outcomes and, where appropriate, the impact”, in relation to research and innovation, means—

(a) the likely or achieved changes and effects of a research and innovation activity, and

(b) the extent to which that activity is expected to generate or has generated significant effects (which may be positive or negative, intended or unintended) on economic, social, cultural and environmental development and sustainability,

and such changes and effects may become apparent in the short term, medium term or long term and may vary in different fields of activity and disciplines of research and innovation;

“personal data” has the meaning it has in the Data Protection Regulation;

“prescribed” means prescribed by regulations made by the Minister under section 3;

“processing”, in relation to personal data, has the meaning it has in the Data Protection Regulation;

“recipient of funding” has the meaning assigned to it by section 37(8);

“research” means creative and systematic work in any discipline that is undertaken in order to increase the stock of knowledge (including knowledge of humankind, culture and society) and to devise new applications of available knowledge;

“standard and quality”, in relation to research and innovation, means the standard and quality of the research and innovation assessed and evaluated by reference to international good practices in the relevant field of activity or discipline of research and innovation, including adherence to policies and good practices regarding ethics, integrity and the conduct of research and innovation in that field or discipline.

(2) In this Act, references to research and innovation shall be construed as references to research or innovation or both.

(3) In this Act, references to environmental development and sustainability shall be construed as references to development and actions that meet the needs of the present without compromising the ability of future generations to meet their own needs and, without prejudice to the generality of the foregoing, includes actions in respect of social, economic, cultural and environmental development, climate and biodiversity.

3. Regulations and orders

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) An order (other than an order under section 1(2) or 6) and regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after the order or regulation is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation, as the case may be, shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4. Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

5. Repeals and revocation

5. (1) Each of the following is repealed:

(a) Part 2 of the Industrial Development (Science Foundation Ireland) Act 2003;

(b) sections 3, 4, 5 and 6 of the Industrial Development (Science Foundation Ireland) (Amendment) Act 2013;

(c) sections 11, 12 and 13 of the Industrial Development (Forfás Dissolution) Act 2014.

(2) The Science Foundation Ireland Superannuation Scheme 2016 (S.I. No. 594 of 2016) is revoked.

PART 2 Taighde ÉIreann

Chapter 1 Establishment and functions of Agency

6. Establishment day

6. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

7. Establishment of Agency

7. (1) There shall stand established on the establishment day a body, which shall be known as Taighde Éireann (in this Act referred to as “the Agency”), to perform the functions conferred on it by or under this Act.

(2) The Agency shall be a body corporate with perpetual succession and an official seal and shall have the power to sue, and may be sued, in its corporate name and may, with the consent of the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, acquire, hold and dispose of land, an interest in land or any other property.

(3) The official seal of the Agency shall be authenticated by—

(a) the signatures of 2 members of the Board, or

(b) the signatures of a member of the Board and a member of the staff of the Agency authorised by the Board to act in that behalf.

(4) Judicial notice shall be taken of the official seal of the Agency and, accordingly, any document—

(a) purporting to be an instrument made by the Agency, and

(b) purporting to be sealed with the official seal of the Agency authenticated in accordance with subsection (3),

shall, unless the contrary is shown, be received in evidence and taken to be such an instrument without further proof.

8. Objects of Agency

8. The Agency shall have regard to the following objects in performing its functions:

(a) to promote the attainment and maintenance of excellence in the standard and quality of research and innovation undertaken;

(b) to support the undertaking of research and innovation in all fields of activity and disciplines by researchers with different levels of knowledge, experience and specialist skills in such fields or disciplines;

(c) to promote and support the contribution made by research and innovation to economic, social, cultural and environmental development and sustainability in the State;

(d) to strengthen the engagement of the research and innovation system with—

(i) the Government, Ministers of the Government and bodies (whether statutory or otherwise) which are funded wholly or partly by public moneys, and

(ii) enterprise, non-governmental organisations, cultural institutions and society generally;

(e) to promote and develop the reputation of the State internationally as a location that is favourable for undertaking research and innovation;

(f) to advance the principles of equality, diversity and inclusion with regard to opportunities to undertake research and innovation and in the undertaking of that research and innovation.

9. Functions of Agency

9. (1) The functions of the Agency shall be to—

(a) promote the objects of the Agency,

(b) promote and develop research and innovation in the State by designing and administering funding schemes, in accordance with international good practice, for the award and disbursement of funding for research and innovation in accordance with Part 3,

(c) support the development and maintenance of a national system of research and innovation, in co-operation and collaboration with An tÚdarás, Enterprise Ireland and the other bodies to which section 51 applies and such other persons and bodies in the higher education and research system or the research and innovation system as the Agency considers appropriate,

(d) promote research and innovation which supports the development and competitiveness of enterprise and employment in the State, nationally and regionally, and to so do, in co-operation and collaboration with Enterprise Ireland and the other bodies to which section 51 applies,

(e) promote the engagement, retention and development of the skills and capacity of researchers of an excellent standard in the national system of research and innovation and, as may be appropriate, to so do in co-operation with An tÚdarás and the other bodies to which section 51 applies,

(f) promote the attracting to the State of research and innovation teams of an excellent standard, and individuals with an interest in research and innovation of an excellent standard, with a view to their carrying out research and innovation in the State,

(g) in co-operation with An tÚdarás, promote and support the undertaking of research and innovation in the higher education and research system and in the research and innovation system,

(h) in co-operation with An tÚdarás, contribute to the development, assessment and evaluation of research and innovation to ensure that a standard and quality of excellence are consistently adhered to by those in the research and innovation system,

(i) in co-operation with An tÚdarás, to promote the links and mutual benefits between research and innovation undertaken and teaching and learning activities in the higher education system,

(j) promote the undertaking in the State of research and innovation that is funded (wholly or partly) by an international or European Union body, institution or organisation and, where so funded, to promote the success of such research and innovation,

(k) promote co-operation and collaboration with regard to research and innovation between those who fund or undertake research and innovation in the State and those who do so in Northern Ireland,

(l) assess and evaluate the outcomes and, where appropriate, the impact on economic, social, cultural and environmental development and sustainability grounds of research and innovation undertaken for which funding is awarded by the Agency,

(m) promote and support an awareness and understanding of the value of research and innovation to society and facilitate engagement of members of the public with those engaged in research and innovation activities,

(n) support the undertaking of research and innovation that informs the development of public policy and encourages and facilitates the collation and sharing of findings of research and innovation for that purpose,

(o) enter into funding partnerships in accordance with section 49, and

(p) advise the Minister in relation to national policy on research and innovation in accordance with section 14.

(2) The Agency shall have all such powers as are necessary or expedient for the performance by it of its functions.

(3) The Agency may perform any of its functions through or by any member of the staff of the Agency authorised in that behalf by the Agency.

(4) The Agency may perform any of its functions through or by any other persons authorised in that behalf by the Agency.

10. Consultants and advisers

10. (1) The Agency may engage such consultants and advisers as it considers necessary for the performance of its functions.

(2) The Agency shall comply with any directions concerning the engagement of consultants and advisers which may from time to time be given to it by the Minister, given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(3) Any remuneration due to a consultant or adviser engaged pursuant to this section shall, having regard to guidelines issued from time to time by the Minister or the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys at the disposal of the Agency.

(4) Without prejudice to the generality of subsection (1), persons with the required knowledge, experience and specialist skills in any field of activity or discipline of research and innovation may be engaged pursuant to this section to undertake the assessment of proposals for research and innovation contained in applications or investigating whether recipients of funding are in compliance with conditions of funding (in this Act referred to as “assessors”).

Chapter 2 Ministerial powers and information

11. Power of Minister to give directions to Agency

11. (1) Subject to subsection (5), the Minister may give a direction in writing to the Agency for any purpose relating to this Act and concerning—

(a) any matter or thing referred to in this Act or any other enactment, and

(b) the implementation of any policy or objective of the Minister or the Government.

(2) The Agency shall comply with a direction given by the Minister under this section.

(3) The Agency shall, within the period specified by the Minister in a direction, inform the Minister of the measures taken by the Agency to comply with the direction.

(4) The Minister may, by direction, in writing, amend or revoke a direction under this section (including a direction under this subsection).

(5) The Minister shall not give a direction under this section concerning the terms of a funding scheme or the making of an award of funding in a particular case.

12. Power of Minister to issue guidelines to Agency

12. (1) The Minister may issue guidelines in writing to the Agency for the purposes of this Act.

(2) Guidelines issued under subsection (1) may relate to—

(a) codes of practice for governance or such other codes that may be issued from time to time by a Minister of the Government,

(b) policy guidance or changes in policy, or

(c) changes of objectives in the corporate plan of the Agency under section 23.

(3) In performing its functions under this Act, the Agency shall have regard to any guidelines issued by the Minister under this section.

(4) The Minister may publish guidelines issued by him or her under subsection (1) in such manner as he or she considers appropriate.

13. Reports and information to Minister

13. The Agency shall provide such reports and information to the Minister in such form and manner and at such times as the Minister may specify on any matter related to the performance of its functions.

14. Advice to Minister

14. (1) The Agency may provide advice to the Minister on any matter related to the performance of its functions.

(2) The Agency shall provide advice, as requested by the Minister, in such form and manner and at such times as the Minister may specify on any matter related to the performance of its functions.

Chapter 3 Board of Agency

15. Board of Agency

15. (1) The Agency shall have a Board (in this Act referred to as the “Board”) established under this Act to perform the functions of the Agency.

(2) The Board shall—

(a) oversee the development of the corporate plan under section 23 and the annual plan under section 24 of the Agency and their submission to the Minister,

(b) satisfy itself that appropriate systems, procedures and practices are in place—

(i) to achieve the objects of the Agency under section 8,

(ii) for the internal performance management and accountability of the Agency in respect of—

(I) the performance of its functions under section 9,

(II) the achievement of the objectives in the corporate plan under section 23, and

(III) the achievement of the performance targets in the annual plan under section 24,

and

(iii) in order to enable compliance with the policies (whether contained in guidelines, codes or other documents, or any combination of them) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Agency,

and

(c) establish and implement arrangements for the management of the performance of the Chief Executive Officer.

(3) The Board is accountable to the Minister for the performance of its functions under subsections (1) and (2).

(4) The Board may delegate in writing to the Chief Executive Officer any of the functions of the Agency or the Board other than the functions under subsection (2).

(5) If a function of the Agency is delegated to the Chief Executive Officer under subsection (4), the delegation remains in force until the Board revokes the delegation by notice in writing given to that Officer.

(6) The Board shall notify the Minister in writing of any delegation made under subsection (4) and of any revocation of such delegation under subsection (5).

(7) The Board shall retain in its possession the official seal of the Agency.

16. Membership of Board

16. (1) The Board shall consist of the following members:

(a) a chairperson;