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General Scheme of the Research and Innovation Bill – Explanatory note
From Department of Further and Higher Education, Research, Innovation and Science
Published on
Last updated on
From Department of Further and Higher Education, Research, Innovation and Science
Published on
Last updated on
The main objectives of the General Scheme of the Research and Innovation Bill are:
The Department is committed to ensuring that the important views of the research community are captured and reflected on as the implementation of the new agency proceeds.
A programme of stakeholder consultation has been taking place since the development of Impact 2030, which informed the Heads of Bill. The Creating Our Future consultation also took place over 2021 and 2022. These consultations constituted the largest ever to take place in Irish research and were integral to informing the General Scheme of the Research and Innovation Bill. The Higher Education Authority Act 2022 provided clarity on the role of HEIs in research. Furthermore, a High Level Group on the Research Bill was established in October 2022 to advance engagement with the Executives of the HEA (the legal entity under which the Irish Research Council operates), the Irish Research Council and SFI. Input from all three entities has informed the development of the General Scheme and Heads of Bill and associated transitional arrangements.
The Minister and Department officials have also met with the board of Science Foundation Ireland and the Irish Research Council, and officials have met with the Higher Education Authority Board, all of whom welcome the establishment of the new agency and are committed to engaging comprehensively and constructively in further dialogue as the work progresses. In recent weeks, the Minister has also met with the group of academics who organised the Open Letter/Petition and a senior official from the Department also participated in an event in Trinity College Dublin organised by the group.
The strong messages the Department has received from these consultations include that excellent research in all its forms, across all disciplines and all career stages, is highly valued. The roles of IRC and SFI are highly valued. More work is needed on parity of esteem, interdisciplinary and challenge-based research, improving impact, advancing equality, diversity and inclusion and increasing evidence for policy.
Consultation with wider stakeholders, with particular regard to the research and innovation community, is being prepared in order to seek feedback on the operationalisation of the functions of the new agency and to keep them informed about progress. It is currently foreseen that this will be led by the CEO Designate of the agency, who will be appointed as soon as possible to assist the Department in undertaking the significant transitional and operational programme of work required to establish the new agency.
At a broader level, the Department is prioritising the development of stakeholder engagement structures as a priority objective from Impact 2030, and these are playing an important role in supporting the establishment of the new agency. Furthermore, recently:
The pre-legislative scrutiny process is clearly a key next step in the process and the Department keenly awaits the Committee’s report and any recommendations it may have. Formal drafting of the Bill will also take place and the Department will work closely with the Office of Parliamentary Counsel in this regard. The Heads of Bill set out the policy intent for the legislation but the utmost care and attention will be paid to the drafting process and the language used in the Bill.
In operational terms, the appointment of a CEO Designate for the new agency will be of great assistance to the Department in terms of spearheading the operational and transitional work required to establish the agency by the intended deadline of 1st January 2024.
Consultation with wider stakeholders, with particular regard to the research and innovation community, is also being prepared in order to seek feedback on the operationalisation of the functions of the new agency and to keep them informed about progress. It is currently foreseen that this will be led by the CEO Designate of the agency.
The General Scheme of the Research and Innovation Bill 2023 forms a key part of the Impact 2030: Ireland’s Research and Innovation Strategy. The Impact 2030 strategy clearly sets out the Government’s ambition to be research and innovation leaders. The objectives of that strategy include the promotion and support of excellence in research and innovation across all disciplines, spanning fundamental research to applied research activity.
The Research Bill will place AHSS research on a statutory footing for the first time. The IRC currently only exists as a division within the HEA. Therefore, despite being the largest competitive funder of research in the Arts, Humanities and Social Sciences, as well as excellent research in other disciplines, the IRC does not have its own statutory basis and identity. This context also gives rise to what could be perceived as a weaker corporate governance basis and poses difficulties in terms of growth opportunities and resourcing, particularly considering the extensive revisions to the operation of the HEA as set out in the recently passed legislation.
Therefore, the creation of the agency itself, which will include all disciplines in its statutory basis, embeds the notion of parity of esteem in the legislation. The establishment of the agency in statute also ensures parity of esteem for the IRC’s critical mission of supporting researchers at all career stages. It will make competitive funding awards across all disciplines and of varying sizes in a way that complements the Higher Education Authority’s core investment in the higher education institutions. This is the optimum way of ensuring true parity of esteem of for research in the Arts, Humanities and Social Sciences and significantly broadening the access to researchers in these areas to an improved range of research funding programmes.
The legislation will strengthen the role of the Arts, Humanities and Social Sciences in contributing to challenge-based research, which is essential to addressing complex problems.
Head 20 provides that the Board may establish committees to assist and advise it in relation to the performance of any of its functions. This may include an audit and risk committee, which is an accepted good practice as per the Code of Governance for State Bodies. Furthermore, where committees are established to provide specific research expertise, they should be known as “Councils”, with the policy rationale underpinning this that it will provide the Board with a mechanism to ensure that it continues to have access to a wide range of research advice.
On approving the General Scheme of the Bill, the Government decided that as a matter of policy there should be an Arts, Humanities and Social Sciences Council within the structures of the new agency. This recognises the distinctive nature of AHSS research and its importance in Irish society. It will also enhance the role of the Arts, Humanities and Social Sciences in contributing to challenge-based research, which is instrumental in addressing the complex problems facing society now and in the future. Head 20 will be formally drafted to incorporate this intention and the organisational design of the agency will reflect this policy decision.
The concept of academic freedom is a core value of the Irish higher education sector, as reflected in the University Act, the Technological Universities Act and the Higher Education Authority Act. The Minister is fully committed to this principle. The agency will primarily fund researchers in the university and technological university sectors and, as mentioned, the legislation covering these sectors already offers sound protection for the principle of academic freedom.
Furthermore, evaluators of research proposals for the new agency from these sectors will also be protected by academic freedom. For the avoidance of doubt, it should also be reiterated that neither the Minister nor Government will have any power to direct or interfere with the agency’s allocation of competitive research funding awards.
Research and Innovation Ireland will be compliant with the Code of Practice for State Bodies and the Guidelines for Appointment to State Boards. Members of the board will ultimately be selected through a transparent Public Appointments Service process, thereby ensuring the board will consist of persons who have sufficient experience and expertise relating to matters connected with the functions of the new agency to enable them to make a substantial contribution to the effective and efficient performance of those functions.
The Heads of Bill provide that the new agency will have a board consisting of 12 members, including a chair, and that all appointments will be made by the Minister for Further and Higher Education, Research, Innovation and Science. Careful consideration is being given to the competencies needed for the board, and the Department is seeking and listening to the views of stakeholders, as well as interested in the seeing the outcomes of the PLS process, on this matter. It will be important to strike a balance to ensure the Board reflects the diversity of the research and innovation community, and also meets its obligations as a state agency.
It is also provided that the Minister for Enterprise, Trade and Employment shall nominate one member to the board and that there will be gender balance among board members. Members may not serve more than two consecutive terms of office, up to a maximum of eight years. The agency will be compliant with the Code of Practice for State Bodies and the Guidelines for Appointment to State Boards.
The Board may also establish committees/Councils to assist and advise it in relation to the performance of any of its functions.
Careful thought is being given to this transitional phase where SFI and IRC will continue to operate while plans are being put in place to establish the new agency. Both SFI and IRC have been asked to ensure that the existing funding programmes of the agencies will continue to operate as normal and stakeholders can be assured that there will be no disruption to the continuity of funding in the transitional and establishment phases. Both SFI and IRC are being asked to plan with the new agency in mind.
Talent forms one of the Impact 2030 strategy’s five pillars, articulating the vision agreed across Government that, by 2030, “We will be a global leader in nurturing, attracting and retaining talent to drive research and innovation in our higher education and research system, enterprises, communities and public services”. Within this, the Strategy seeks a consistency of research student experience across providers, funders and research disciplines.
Looking at the research talent pipeline more widely, both Science Foundation Ireland and the Irish Research Council offer supports to researchers at different stages of career development and this will continue under the new agency, as is explicitly provided for in its functions, specifically:
Head 9(d): through competitive funding calls, and notwithstanding the role and responsibility of higher education institutions and having regard also to the role of An tÚdarás in terms of supporting the development of research talent, Research and Innovation Ireland shall contribute to supporting the development of research talent and appropriately facilitating the contribution of researchers to teaching and learning.
The creation of the new agency will also enable a more cohesive and streamlined spectrum of supports for the researcher community.
The current independent National Review of State Supports for PhD Researchers is central to the realisation of this objective. It is considering a range of critical issues such as stipend levels and the consistency of supports for PhD students across the system. The appointed Co-Chairs have conducted a very comprehensive round of stakeholder consultations. They will present their first report to the Minister shortly. Following consideration by him and his officials and, where relevant, other departments, the first report may be presented to Government before being published. Any decision the Minister makes on measures to support PhD researchers will be informed by the outcome of this review.
This is a policy matter which is not suitable for inclusion in the legislation as resourcing is a matter for the annual Estimates process.
The establishment of D/FHERIS is a clear signal of the importance attached by the Government to skills, knowledge, research and innovation as drivers of national and regional economic recovery and development.
As Impact 2030 sets out, both core and competitive public research funding play a critical role in interdisciplinary research activity and in strengthening Ireland’s fundamental research and knowledge base. Investment in public research leverages very significant investment from external sources including the enterprise sector. The Higher Education Authority’s block grant investment in institutional research capability underpins all competitive research awards to the higher education institutions. The Department of Further and Higher Education, Research, Innovation and Science and its agencies will work collaboratively to ensure that there is greater transparency in the relationship between these funding streams and in the distribution of the full economic costs of research activity. The consequences of competitive research funding awards on the higher education institutions, on their core investment utilisation and on their respective overall missions will be monitored under the auspices of the Department. Within this context, implementation of the sustainable funding model for higher education will take account of the higher education institutions’ research mission. Associated sustainability requirements will be reflected appropriately in any future sustainable funding model for higher education.
The Higher Education Research and Development Survey (HERD), which is undertaken every two years among Ireland’s 21 publicly-funded higher education institutions (HEIs), revealed that total expenditure on R&D was €742.1 million in 2020, an increase of 7.8% over the last 2018 survey (€688.4m). The HERD survey covers the academic year 2020-2021, and the R&D Budget survey covers 2021 and 2022.
Impact 2030 also commits to advancing priority system needs and opportunities through a framework for future research infrastructural investment. The strategy commits to maximising the return on public investment in existing facilities by reviewing their condition and by optimising their accessibility with a comprehensive up-to-date database of publicly funded research infrastructure. It also commits to working across Government to develop a framework for future research and innovation capital investment to identify the main infrastructural requirements, and to consider how best to leverage private sector and other external funding sources. It will be employed if any in-year funding comes available under the renewed NDP. Any underspend of NDP funding that is re-allocated to R&I funding will be drawn down effectively and efficiently according to an agreed schedule of priorities, thereby best meeting needs across the system.
The Department is currently working on a more stable funding framework for higher education institutions, and HEIs are currently empowered to make longer term funding decisions.
The definition of “research” used in the Heads of Bill is the same definition as provided in the Higher Education Authority Act 2022 and reads as follows:
“research” means creative and systematic work undertaken in order to increase the stock of knowledge (including knowledge of humankind, culture and society) and to devise new applications of available knowledge.
It is a broad definition which is regarded as all-encompassing and provides for consistency with the HEA Act 2022.
The use of definitions in the legislation will be given careful thought as the formal drafting process progresses.
The General Scheme of the Research and Innovation Bill forms part of Impact 2030: Ireland’s Research and Innovation Strategy. Impact 2030’s objectives include the promotion and support of excellence in research and innovation across all disciplines, spanning fundamental research to applied research activity. It also seeks to promote and support the contribution of all such research and innovation to Ireland’s economic, social, cultural and environmental development and sustainability, as well as strengthen the engagement between the research and innovation system and enterprise, Government and public bodies, the voluntary sector and society.
Ensuring that the agency will be inclusive of all research disciplines will be achieved by placing all disciplines on an equal and statutory footing. In order to ensure that Ireland’s collective research and innovation investments and activities make as big a difference as possible to as many people as possible, the new research and innovation agency must drive research and innovation excellence in all disciplines across the spectrum of Arts, Engineering, Humanities, Mathematics, Science, Social Sciences, Technology and others. It must develop capacity to respond to challenges using integrated approaches from scientific, behavioural, economic and cultural perspectives. Such support for all disciplines is essential in order to ensure that Ireland has a resilient and agile research base that can make a substantive impact on national challenges and opportunities.
In line with standard provisions for State Bodies, the Heads provide for the Minister to give directions to the agency and obliges the agency to comply with enactments or the implementation of policy or objectives of the Minister or the Government. It also gives the Minister certain powers in relation to the agency’s Corporate Plan and Annual Plan. The Heads in question have been drafted based on the Child and Family Agency Act 2013 and the Higher Education Authority Act 2022.
It is not the intention that the Minister should have any power to direct the agency in respect of specific awards to be made under a competitive funding call. The formal drafting of the Bill will make this clear.
The creation of a new research and innovation agency, as underpinned by the Research and Innovation Bill 2023, is set against an ambitious programme of reform in the tertiary sector. This comprises the establishment of the Department of Further and Higher Education, Research, Innovation and Science itself, including the development of a unified tertiary system, its remit for the national research and innovation system and other key policy developments. The development of Technological Universities and their differentiated research and innovation missions is also significant in this space. Historically, the Institutes of Technology have accounted for approximately 12% of research and innovation activity in the higher education sector (in terms of expenditure as reported in the Higher Education R&D (HERD) Surveys). The new agency will be positioned so as to make a key contribution to the wider research and innovation system.
The research and innovation capacity of the TUs lies at the heart of their transformation from Institutes of Technology into Technological Universities and this is clearly reflected in Impact 2030. Strengthening institutional R&I capability will be key to their future impact, whether that comes through the enterprise with which they collaborate on research and innovation, or the students who graduate from the institutions, with a more research-intensive (for example, through the quality of the curricula and the calibre of the educators) educational experience.
The ERDF funding with which the Department will shortly support the strengthening of the TU research and innovation offices should, ultimately, translate into a step-up in their knowledge transfer to enterprise, be that through technology licences, new spin-out companies and/ or the mobility of people between these institutions and those organisations.