Research and Innovation Act 2024

Research and Innovation Act 2024 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2024 Research and Innovation Act 2024 Research and Innovation Act 2024 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 15 of 2024 RESEARCH AND INNOVATION ACT 2024 CONTENTS PART 1 Preliminary and General Section 1. Short title and commencement 2. Interpretation 3. Regulations and orders 4. Expenses 5. Repeals and revocation PART 2 Taighde Éireann Chapter 1 Establishment and functions of Agency 6. Establishment day 7. Establishment of Agency 8. Objects of Agency 9. Functions of Agency 10. Consultants and advisers Chapter 2 Ministerial powers and information 11. Power of Minister to give directions to Agency 12. Power of Minister to issue guidelines to Agency 13. Reports and information to Minister 14. Advice to Minister Chapter 3 Board of Agency 15. Board of Agency 16. Membership of Board 17. Casual vacancies in membership of Board 18. Meetings of Board 19. Committees of Board 20. Terms and conditions of members of Board and of committees 21. Disclosure of interests by members at meetings of Board or of committees Chapter 4 Funding and accountability of Agency 22. Advances to Agency 23. Corporate plan of Agency 24. Annual plan of Agency 25. Accounts of Agency 26. Annual report of Agency 27. Gifts to Agency Chapter 5 Chief Executive Officer 28. Chief Executive Officer 29. Functions of Chief Executive Officer 30. Accountability of Chief Executive Officer to Public Accounts Committee 31. Accountability of Chief Executive Officer to other Oireachtas committees Chapter 6 Staff of Agency 32. Staff of Agency 33. Superannuation for members of staff of Agency Chapter 7 Unauthorised disclosure of confidential information 34. Prohibition on unauthorised disclosure of confidential information PART 3 Arrangements for Funding of Research and Innovation 35. Schemes for funding of research and innovation 36. Applications for funding for research and innovation 37. Assessment of applications, and awards of funding, for research and innovation 38. Disbursement of awards of funding 39. Changes to awards of funding 40. Compliance with conditions of funding for research and innovation 41. Information from other bodies relating to awards of funding 42. Review of compliance with conditions of funding for research and innovation 43. Non-compliance with conditions of funding for research and innovation 44. Appeals board 45. Determination of appeal by appeals board 46. Appeal procedures 47. Funding for research and innovation outside the State 48. International co-operation regarding funding for research and innovation 49. Funding partnerships 50. Arrangements with Ministers of Government concerning research and innovation 51. Administrative co-operation with other bodies PART 4 Data Protection 52. Supply of personal data 53. Furnishing of personal data PART 5 Transitional, Consequential and Miscellaneous Provisions 54. Dissolution of Science Foundation Ireland 55. Transfer of members of staff of dissolved body 56. Transfer of land and other property 57. Transfer of rights and liabilities, etc., of dissolved body 58. Preservation of contracts made by dissolved body 59. Records of dissolved body 60. Liability for loss occurring before establishment day 61. References in enactments or instruments made thereunder to dissolved body 62. Final accounts and final annual report of dissolved body 63. Transitional provision consequent upon dissolution of dissolved body 64. Transfer of certain members of staff of An tÚdarás 65. Transfer of certain rights and liabilities, etc., of An tÚdarás 66. Preservation of certain contracts relating to research and innovation made by An tÚdarás 67. Transfer of certain records of An tÚdarás relating to research and innovation 68. Transitional provision consequent upon An tÚdarás ceasing to perform certain functions relating to research and innovation 69. Amendment of Higher Education Authority Act 2022 70. Amendment of Schedule 5 to Social Welfare Consolidation Act 2005 71. Confirmation of acts done or purporting to have been done 72. Service of notices Acts Referred to Adoptive Leave Act 1995 (No. 2) Adoptive Leave Acts 1995 and 2005 Carer’s Leave Act 2001 (No. 19) Companies Act 1990 (No. 33) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Data Protection Act 2018 (No. 7) Data Sharing and Governance Act 2019 (No. 5) Ethics in Public Office Act 1995 (No. 22) European Parliament Elections Act 1997 (No. 2) Family Leave and Miscellaneous Provisions Act 2021 (No. 4) Higher Education Authority Act 2022 (No. 31) Industrial Development (Forfás Dissolution) Act 2014 (No. 13) Industrial Development (Science Foundation Ireland) (Amendment) Act 2013 (No. 36) Industrial Development (Science Foundation Ireland) Act 2003 (No. 30) Maternity Protection Acts 1994 to 2022 Minimum Notice and Terms of Employment Acts 1973 to 2005 Organisation of Working Time Act 1997 (No. 20) Parent’s Leave and Benefit Act 2019 (No. 35) Parental Leave Acts 1998 to 2023 Paternity Leave and Benefit Act 2016 (No. 11) Protected Disclosures Act 2014 (No. 14) Protection of Employees (Fixed-Term Work) Act 2003 (No. 29) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Redundancy Payments Acts 1967 to 2022 Social Welfare Consolidation Act 2005 (No. 26) Terms of Employment (Information) Acts 1994 to 2014 Unfair Dismissals Acts 1977 to 2015 Number 15 of 2024 RESEARCH AND INNOVATION ACT 2024 An Act to make further provision for the funding of research and innovation in all fields of activity and disciplines and, for that purpose, to provide for the establishment and functions of a body to be known as Taighde Éireann; to provide for the dissolution of Science Foundation Ireland, the transfer of its staff, records, assets and liabilities to Taighde Éireann; to amend the Higher Education Authority Act 2022 and to provide for the transfer of certain members of staff and records, assets and liabilities relating to research of An tÚdarás um Ard-Oideachas to Taighde Éireann; to provide for the repeal of certain provisions of the Industrial Development (Science Foundation Ireland) Act 2003 , the Industrial Development (Science Foundation Ireland) (Amendment) Act 2013 and the Industrial Development (Forfás Dissolution) Act 2014 ; and to provide for related matters. [4th June, 2024] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General 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. 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 20161 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. 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. 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. 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 Establishment day 6. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act. 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. 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. 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. 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 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. 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. 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. 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 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. Membership of Board 16. (1) The Board shall consist of the following members: (a) a chairperson; (b) 11 ordinary members. (2) Subject to subsection (3), the chairperson and ordinary members of the Board shall be appointed by the Minister from among persons who, in the opinion of the Minister, have sufficient experience and expertise relating to matters connected with the functions of the Agency to enable them to make a substantial contribution to the effective and efficient performance of those functions. (3) One member to be appointed to the Board under subsection (2) shall have experience and expertise relating to enterprise and shall be nominated for such appointment by the Minister for Enterprise, Trade and Employment. (4) The Minister, when making appointments to the Board, shall have regard to the objective that not less than 40 per cent of the members of the Board shall be women and not less than 40 per cent of them shall be men. (5) The chairperson of the Board shall hold office for such period, not exceeding 4 years from the date of appointment, as the Minister shall determine. (6) Subject to subsection (7), an ordinary member of the Board shall hold office for such period, not exceeding 4 years from the date of appointment, as the Minister shall determine. (7) Of the ordinary members of the Board first constituted under this section— (a) 6 members shall hold office for a period of 2 years from the date of their appointment as such members, and (b) 5 members shall hold office for a period of 4 years from the date of their appointment as such members. (8) Subject to subsection (9), a member of the Board whose term of office expires by the effluxion of time shall be eligible for re-appointment to the Board. (9) A person who is re-appointed to be a member of the Board in accordance with subsection (8) shall not hold office for more than 2 consecutive terms and, in any event, may not serve for a period of more than 8 years. (10) The Minister may, prior to the establishment day, designate persons who in his or her opinion comply with the requirements specified in subsection (2) to be the first chairperson or the first ordinary members of the Board. (11) If, immediately before the establishment day, a person stands designated under subsection (10), the person shall, on that day, stand appointed as the chairperson or an ordinary member, as the case may be, of the Board. Casual vacancies in membership of Board 17. (1) If a member of the Board dies, resigns, ceases to be qualified for office or ceases to hold office or is removed from office for any reason, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so arising in the same manner as the member who occasioned the casual vacancy was appointed. (2) A person appointed to be a member of the Board pursuant to subsection (1) shall— (a) hold office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of the appointment, and (b) be eligible for re-appointment as a member of the Board on the expiry of that term of office. Meetings of Board 18. (1) The Board shall hold such and so many meetings as are necessary for the performance of its functions but in each year shall hold not less than one meeting in each period of 3 months. (2) The chairperson shall convene a meeting of the Board when requested to do so by not less than the number of members which constitutes a quorum. (3) The quorum for a meeting of the Board shall be 6. (4) At a meeting of the Board— (a) the chairperson shall, if present, be the chairperson of the meeting, or (b) if and so long as the chairperson is not present or the office of chairperson is vacant, the members of the Board who are present shall choose one of their number to be chairperson of the meeting. (5) Every question at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting on the question and, in the case of an equal division of votes, the chairperson shall have a second or casting vote. (6) Subject to subsection (3), the Board may act notwithstanding one or more vacancies among its members. (7) The Board may hold or continue a meeting by the use of any means of communication by which all the members are facilitated to hear and be heard at the same time (in this section referred to as an “electronic meeting”). (8) A member of the Board who participates in an electronic meeting is taken for all purposes to be present at the meeting. (9) Subject to this Act, the Board shall regulate, by standing orders or otherwise, the procedures and business of the Board. Committees of Board 19. (1) The Board may establish committees, consisting in whole or in part of persons who are members of the Board or members of staff of the Agency or persons who are not such members, to assist and advise it in relation to the performance of any of its functions. (2) Notwithstanding the generality of subsection (1), the Board may establish the following committees: (a) a committee to assist and advise it in relation to audit and risk management functions; (b) one or more committees (to be styled “councils”) to advise the Board in relation to particular academic disciplines or fields of research and innovation. (3) The Board shall determine the terms of reference and may regulate the procedures of a committee. (4) In appointing members of a committee, the Board shall have regard to the knowledge and experience necessary for the proper and effective discharge of the functions of the committee. (5) The Board may appoint a member of a committee to be the chairperson of a committee. (6) The Board may for stated reasons remove a member of a committee from the committee at any time. (7) A committee shall provide the Board with such information as the Board may from time to time require in respect of the activities and operations of the committee for the purposes of the performance by the Board of its functions. (8) The acts of a committee (other than a committee whose sole function is to provide advice to the Board) shall be subject to confirmation by the Board, unless the Board otherwise determines. (9) The Board may at any time dissolve a committee. Terms and conditions of members of Board and of committees 20. (1) A member of the Board, and a member of a committee, shall hold office on such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. (2) There may be paid by the Agency to members of the Board, and to members of a committee, such remuneration (if any) and such allowances for expenses (if any) as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, may determine. (3) (a) A member of the Board may resign from the Board by notice in writing sent to the Minister and the resignation shall take effect from the date specified in the notice, or the date on which the Minister receives the notice, whichever is the later. (b) A member who resigns from the Board by notice in writing sent to the Minister shall, not later than at the time of informing the Minister, notify the chairperson of the Board of his or her intention to resign. (4) A member of the Board who does not, for a consecutive period of 6 months, attend meetings of the Board ceases at the end of that period to hold office unless the failure to attend was due to ill-health or the absence was approved by the chairperson of the Board with the consent of the Minister. (5) The Minister may, at the request of the Board or following consultation with the chairperson, at any time remove a member of the Board from office if, in the opinion of the Minister— (a) the member has become incapable through ill-health of performing his or her duties, (b) the member has committed stated misbehaviour, or (c) the removal of the member appears to the Minister to be necessary for the effective performance by the Board of its functions. (6) A person shall not be qualified for membership of the Board, and a member of the Board shall cease to be so qualified and shall cease to hold office, if he or she— (a) is adjudicated bankrupt and such bankruptcy has not been annulled or discharged, (b) makes a composition or arrangement with creditors, (c) is sentenced by a court of competent jurisdiction to a term of imprisonment, (d) is convicted of any indictable offence in relation to a company or any other body corporate, (e) is convicted of an offence involving fraud or dishonesty, (f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or (g) is subject, or is deemed to be subject, to a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act. (7) Where a member of the Board is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, he or she shall thereupon cease to be a member of the Board. (8) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament shall be disqualified, while he or she is so entitled or is such a member, for being a member of the Board or a member of a committee. Disclosure of interests by members at meetings of Board or of committees 21. (1) Subsection (2) applies where, at a meeting of the Board, any of the following matters arise, namely— (a) an arrangement to which the Agency is a party, (b) an arrangement to which the Agency proposes to become a party, (c) a contract or other agreement with the Agency, or (d) a proposed contract or other agreement with the Agency. (2) Any member of the Board present at the meeting referred to in subsection (1) who has a pecuniary interest or other beneficial interest in, or material to, the matter concerned shall— (a) disclose to the Board at the meeting the fact of that interest and its nature, (b) not influence (or seek to influence) a decision to be made in relation to the matter, (c) absent himself or herself from the meeting, or that part of the meeting, during which the matter is being discussed, (d) take no part in any deliberation of the Board relating to the matter, and (e) not vote on a decision relating to the matter. (3) Where an interest is disclosed pursuant to this section, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member of the Board by whom the disclosure is made shall not be counted in the quorum for the meeting. (4) Where at a meeting of the Board a question arises as to whether or not a course of conduct, if pursued by a member of the Board, would constitute a failure by him or her to comply with the requirements of subsection (2), the question may, subject to subsection (5), be determined by the chairperson of the meeting, whose decision shall be final, and where the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting. (5) Where, at a meeting of the Board, the chairperson of the meeting is the member in respect of whom a question to which subsection (4) applies falls to be determined, the other members of the Board attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned. (6) Where the Minister is satisfied that a member of the Board has failed to comply with the requirements of subsection (2), the Minister may, if he or she considers it appropriate to do so, remove that member from office and, where a person is removed from office pursuant to this subsection, he or she shall thenceforth be disqualified for membership of the Board. (7) This section shall apply to a member of a committee where the member is not also a member of the Board and for the purposes of that application— (a) a reference to a member of the Board shall be construed as a reference to a member of the committee, and (b) a reference to the Board shall be construed as a reference to the committee. Chapter 4 Funding and accountability of Agency Advances to Agency 22. In each financial year, the Minister shall advance to the Agency out of moneys provided by the Oireachtas such amount or amounts as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine for the purposes of expenditure by the Agency in the performance of its functions. Corporate plan of Agency 23. (1) The Agency shall prepare and adopt a corporate plan (in this section referred to as the “corporate plan”) to be submitted to the Minister for approval, with or without amendment, for each ensuing 5-year period. (2) A corporate plan shall— (a) include the objectives, outputs and related strategies for research and innovation of the Agency, (b) except in the case of the first corporate plan, include a review and evaluation of the work of the Agency in the performance of its functions in the previous 5 years, (c) be prepared in a form and manner in accordance with any directions given from time to time by the Minister, (d) be prepared and submitted to the Minister— (i) in respect of the first corporate plan, not later than 6 months after the establishment day, and (ii) in respect of each subsequent corporate plan, not later than 3 months before the expiration of the previous corporate plan, and (e) accord with the guidelines, policies and objectives of the Minister and the Government as they relate to the functions of the Agency. (3) In preparing the corporate plan, the Agency— (a) shall consult with— (i) the Minister, (ii) An tÚdarás, (iii) Enterprise Ireland, and (iv) the Industrial Development Agency (Ireland), and (b) may consult with such other persons or bodies as it considers appropriate. (4) Within 30 days of receiving a proposed corporate plan, the Minister shall— (a) approve the proposed plan, (b) give directions regarding amendments to the proposed plan, or (c) refuse to approve the proposed plan where it is not amended in accordance with any directions that may be given by the Minister to the Agency. (5) An approved corporate plan may be amended by— (a) the Minister at any time, or (b) the Agency, where— (i) the Agency submits the proposed amendment to the Minister for approval, and (ii) the amendment is approved by the Minister. (6) Nothing in a corporate plan shall limit the Agency in the performance of its functions. (7) As soon as practicable after approving the corporate plan, the Minister shall cause a copy of the corporate plan to be laid before each House of the Oireachtas. (8) The Agency shall ensure that, as soon as practicable after copies of an approved corporate plan are laid before the Houses of the Oireachtas, the plan is published in such manner as the Minister may specify. Annual plan of Agency 24. (1) The Agency shall prepare and submit to the Minister, not later than 28 days following notification of the amount to be advanced to the Agency by the Minister under section 22 for the next financial year, an annual plan (in this section referred to as an “annual plan”) relating to the performance of its functions. (2) An annual plan shall— (a) outline the proposed activities for the Agency for the period to which the annual plan relates and the performance targets relating to those activities, (b) specify the proposed allocation of the total resources (both financial and persons) of the Agency for the period to which the annual plan relates, (c) specify the monitoring arrangements of the performance targets, (d) specify the reporting arrangements to the Minister, (e) specify how the Agency shall have regard to its objects under section 8 , (f) contain any other information specified by the Minister, and (g) accord with the guidelines, policies and objectives of the Minister and the Government as they relate to the functions of the Agency. (3) In preparing the annual plan, the Agency shall have regard to the corporate plan of the Agency under section 23 and any direction given or guidelines issued by the Minister under subsection (5). (4) The Agency shall, in preparing the annual plan, consult with An tÚdarás. (5) The Minister may, from time to time, give directions or issue guidelines to the Agency concerning the preparation of the annual plan. (6) When giving a direction to the Agency under subsection (5), the Minister shall give his or her reasons in writing for the direction. (7) The Agency shall comply with a direction under subsection (5) within the period, if any, specified in the direction. (8) The Agency shall implement the annual plan prepared in accordance with subsection (2) unless the Minister, within 30 days of the submission to him or her of the annual plan, directs the Agency in writing to amend the annual plan if, in the opinion of the Minister, the annual plan— (a) does not contain the information required under subsection (2), (b) does not comply in some other respect with subsection (2), or (c) has been prepared without sufficient regard to the matters specified in subsection (3). (9) The Agency may amend an annual plan in accordance with a direction under subsection (5) and, where it does so, subsections (2) to (8) shall apply, with any necessary modifications, to the preparation of the amended annual plan as they apply to the preparation of an annual plan. (10) The Agency shall— (a) inform the Minister of the measures taken with regard to the activities and the performance targets outlined in the annual plan and of the outcome of those measures, and (b) provide that information at intervals specified by the Minister or, if no such intervals are specified, in the annual report under section 26 . Accounts of Agency 25. (1) The Agency shall keep, in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, all proper and usual accounts and records of all moneys received or expended by it. (2) The Agency shall each year submit accounts kept under subsection (1) for audit to the Comptroller and Auditor General to the extent and by such date as he or she may from time to time direct. (3) Immediately after the audit referred to in subsection (2), the Agency shall furnish to the Minister a copy of— (a) the audited accounts, and (b) the report of the Comptroller and Auditor General on the accounts. (4) The Minister shall cause a copy of the audited accounts furnished under this section, and a copy of the report of the Comptroller and Auditor General on those accounts, to be laid before each House of the Oireachtas. Annual report of Agency 26. (1) The Agency shall, not later than the 30th day of June in each year prepare and submit to the Minister a report in writing (in this section referred to as the “annual report”) of its activities in the immediately preceding year. (2) Notwithstanding subsection (1), if, but for this subsection, the first annual report would relate to a period of less than 6 months, the report shall relate to that period and the year immediately following that period and shall be prepared and submitted by the Agency to the Minister not later than 6 months after the end of that year. (3) The annual report shall include information on the performance of the functions of the Agency during the period to which it relates and, subject to section 24 (10), such other information in such form as the Agency considers appropriate. (4) The Minister shall, as soon as may be after receiving the annual report, cause copies of it to be laid before each House of the Oireachtas. (5) As soon as may be following the copies being laid before each House of the Oireachtas under subsection (4), the Agency shall arrange for the annual report to be published in such manner as it considers appropriate. Gifts to Agency 27. (1) The Agency may, with the consent of the Minister, accept gifts of money, land or other property upon such trusts and conditions (if any) as may be specified by the donor. (2) The Agency shall not accept a gift if the trust or condition attaching to it would be inconsistent with its functions. Chapter 5 Chief Executive Officer Chief Executive Officer 28. (1) The Agency shall have a chief executive officer (in this Act referred to as the “Chief Executive Officer”). (2) The Board shall appoint a person, recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 , to be the Chief Executive Officer for such term, not exceeding 5 years, as the Board may determine. (3) Notwithstanding subsection (2), the Minister may, before the establishment day, designate a person to be the first Chief Executive Officer. (4) Where, immediately before the establishment day, a person stands designated by the Minister under subsection (3), the Board shall appoint that person to be the Chief Executive Officer for such period, not exceeding 5 years from the date of his or her appointment, as the Minister may determine. (5) The Chief Executive Officer shall hold office on such terms and conditions (including terms and conditions relating to remuneration, allowances for expenses and superannuation) as may be determined by the Board, subject to the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. (6) Subject to subsection (7), a Chief Executive Officer whose term of office expires with the effluxion of time shall be eligible for re-appointment by the Board. (7) A person who is re-appointed by the Board in accordance with subsection (6) shall not hold office for periods the aggregate of which is more than 10 years. (8) The Chief Executive Officer shall not hold any other office or employment in respect of which remuneration is payable, or carry on any business, trade or profession without the consent of the Board. (9) The Chief Executive Officer shall not be a member of the Board but he or she may, in accordance with the procedures of the Board, attend meetings of the Board and shall be entitled to speak at and give advice at such meetings. (10) The Chief Executive Officer may, with the consent of the Minister, be removed or suspended from office by the Board for stated reasons. Functions of Chief Executive Officer 29. (1) The Chief Executive Officer shall carry on and manage, and control generally, the administration and business of the Agency and perform such other functions (if any) as may be determined by the Board and, for those purposes, shall have such powers as are necessary or expedient. (2) The Chief Executive Officer shall perform his or her functions subject to such directions as may be given to him or her from time to time by the Board, and shall be accountable to the Board for the effective and efficient management of the Agency and for the due performance of his or her functions. (3) The Chief Executive Officer may make proposals to the Board on any matter relating to its functions. (4) The Chief Executive Officer shall provide the members of the Board with any such information (including financial information) in relation to the performance of his or her functions as the members may request. (5) The Board may designate a member of the staff of the Agency to perform the functions of the Chief Executive Officer in the absence of the Chief Executive Officer or where the office of Chief Executive Officer is vacant and a member of the staff so designated shall, in such absence or upon such position being vacant, perform those functions. (6) The Chief Executive Officer may delegate any of his or her functions, other than a function that is subject to a condition specified by the Board that the function shall not be delegated, to a specified member of the staff of the Agency, and that member of staff shall be accountable to the Chief Executive Officer for the performance of the functions so delegated. (7) The Chief Executive Officer shall, notwithstanding any delegations made by him or her in accordance with subsection (6), at all times remain accountable to the Board for the performance of any functions so delegated. (8) The Chief Executive Officer may revoke a delegation made in accordance with subsection (6). Accountability of Chief Executive Officer to Public Accounts Committee 30. (1) The Chief Executive Officer shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee in relation to— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Agency is required by this Act to prepare, (b) the economy and efficiency of the Agency in the use of its resources, (c) the systems, procedures and practices employed by the Agency for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the Agency referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann. (2) In the performance of his or her duties under this section, the Chief Executive Officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy. Accountability of Chief Executive Officer to other Oireachtas committees 31. (1) Subject to subsection (2), the Chief Executive Officer shall, at the request in writing of an Oireachtas committee, attend before it to give account for the general administration of the Agency. (2) The Chief Executive Officer shall not be required to give account before an Oireachtas committee for any matter that is or has been or may be the subject of proceedings before a court or tribunal of inquiry in the State. (3) Where the Chief Executive Officer is of opinion that a matter in respect of which he or she is requested to give account before an Oireachtas committee is a matter to which subsection (2) applies, he or she shall, as soon as practicable, seek the opinion of the Board thereon. (4) If the Board is of opinion that the matter concerned is one to which subsection (2) applies, the Chief Executive Officer shall inform the Oireachtas committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Oireachtas committee at the time the Chief Executive Officer is before it, the information shall be conveyed to the Oireachtas committee in writing. (5) If the Board is of opinion that the matter concerned is not one to which subsection (2) applies, the Chief Executive Officer shall attend before the Oireachtas committee to give account for the matter. (6) Where the Chief Executive Officer has informed an Oireachtas committee of the opinion of the Board in accordance with subsection (4) and the committee does not withdraw the request referred to in subsection (1) in so far as it relates to a matter the subject of that opinion— (a) the Chief Executive Officer may, not later than 21 days after being informed by the Oireachtas committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question of whether the matter is one to which subsection (2) applies, or (b) the chairperson of the Oireachtas committee may, on behalf of the Oireachtas committee, make an application, and the High Court shall determine the matter. (7) Pending the determination of an application under subsection (6), the Chief Executive Officer shall not attend before the Oireachtas committee to give account for the matter the subject of the application. (8) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Oireachtas committee shall withdraw the request referred to in subsection (1) but if the High Court determines that subsection (2) does not apply, the Chief Executive Officer shall attend before the Oireachtas committee to give account for the matter. (9) In the performance of his or her duties under this section, the Chief Executive Officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy. (10) In this section, “Oireachtas committee” means— (a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the committee referred to in section 30 , the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or (b) a sub-committee of a committee falling under paragraph (a). Chapter 6 Staff of Agency Staff of Agency 32. (1) The Agency may, with the approval of the Minister and the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, appoint such and so many persons to be members of the staff of the Agency as it from time to time considers appropriate. (2) The staff of the Agency shall be employed on such terms and conditions as may be determined by the Agency from time to time subject to the approval of the Minister and the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. (3) There shall be paid by the Agency to members of its staff such remuneration and allowances for expenses as may be approved from time to time by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. (4) Where a member of the staff of the Agency is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, he or she shall, thereupon, stand seconded from employment by the Agency and shall not be paid by, or be entitled to receive from, the Agency any remuneration or allowances for expenses in respect of the period commencing on such nomination or election or when he or she is so regarded as having been elected, as the case may be, and ending when such person ceases to be a member of either such House or a member of such Parliament. (5) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for employment by the Agency. (6) A period mentioned in subsection (4) shall not, for the purposes of any superannuation benefit, be reckoned as service with the Agency. Superannuation for members of staff of Agency 33. (1) The Agency may, with the approval of the Minister and the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme for the granting of superannuation benefits to or in respect of members of the staff, including the Chief Executive Officer, of the Agency (in this section referred to as a “scheme”). (2) A scheme shall not provide for the granting of superannuation benefits to or in respect of any person where the Single Public Service Pension Scheme applies to or in respect of that person by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 . (3) A scheme shall fix the terms and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme and different terms and conditions may be fixed in respect of different classes of persons. (4) The Agency may, with the approval of the Minister and the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme amending or revoking a scheme, including a scheme under this subsection. (5) A scheme shall be carried out by the Agency in accordance with its terms. (6) A scheme shall include provision for appeals from a decision relating to a superannuation benefit under the scheme. (7) No superannuation benefits shall be granted by the Agency to or in respect of a person who is a member of a scheme on ceasing to be a member of the staff, including the Chief Executive Officer, of the Agency otherwise than— (a) in accordance with a scheme, or (b) with the approval of the Minister and the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform. (8) A scheme shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme …