Research and Innovation Act 2024 (Appeal) Regulations 2025

In line with the provisions of the Research and Innovation Act 2024, there is now an appeals process in place for recipients of a Research Ireland competitive funding award who have been notified after the 1st of August 2024 by Research Ireland of a requirement to repay some or all of an award of funding, and who have engaged with all of the internal agency review processes.

The Research and Innovation Act 2024 (Appeal) Regulations 2025 create a process which provides for the appeal of a decision by the agency which requires a recipient of a Research Ireland funding award to repay some or all of the funding awarded.

This is in addition to the well-developed, solution-focussed internal review structure in operation within the agency, where there is a clear escalation path, and opportunities at each stage for dialogue towards resolution.

An appeal will only be considered by the Research Ireland Appeals Board where a current recipient of funding is contesting the requirement to repay some or all of the funding awarded, where they have already fully engaged with the agency’s internal review process, and the appellant and the agency have not been able to come to a satisfactory resolution.

Appeals will require the support in writing of the appellant’s Higher Education Institute or Research Performing Organisation prior to being lodged. The Research Ireland Appeals Board is empowered to dismiss any appeals considered to be frivolous or vexatious, or appeals outside the scope of the legislation.

All other queries or issues regarding funding awards or terms and conditions attached to an award of funding will continue to be addressed by the agency through existing agency processes, which are detailed on the Research Ireland website.

The Research Ireland Appeals Board will be a 3-person Board, appointed on an ad hoc basis by the Minister for Further and Higher Education, Research, Innovation and Science.

Research Ireland Appeals Board members will have the skills and experience required to decide appeals relating to repayment requirements for Research Ireland funding awards.

The Research Ireland Appeals Board will be appointed through a transparent and open expressions of interest process, which will commence when an appeal is submitted to the Minister. The Research Ireland Appeals Board will be independent in the performance of its functions.

Reflecting the above purpose, membership of the 3-person Board will fulfil the requirements of the Research and Innovation Act 2024 that:

• two members of the Research Ireland Appeals Board are required to have a special interest in or expertise in, or knowledge of, matters relating to research and innovation or the functions of Taighde Éireann – Research Ireland. (Members of the Research Ireland Board, or members of staff of Research Ireland, and officers of the Minister are not eligible to apply).
• one member of the Research Ireland Appeals Board is required to be a practising solicitor, or a practising barrister, having not less than 10 years’ experience as such (other than a solicitor or barrister in the full-time service of the State).

The Secretariat to the Research Ireland Appeals Board will be located within the Department of Further and Higher Education, Research, Innovation and Science.

Appeals can be submitted to the Minister for Further and Higher Education, Research, Innovation and Science via post or email.

If you are not satisfied with the determination of the agency in relation to a repayment requirement, and your Higher Education Institution or Research Performing Organisation supports this, you can request an appeal. A request for an appeal must be submitted within 28 days of the date of your notification of a repayment requirement from the agency. Information on requesting an appeal will be set out in your notice from the agency.

Appeals submissions should be made via post or email.

An appeal submission must:

(a) be in writing (email submissions and digital documents are accepted),

(b) state the name and address of the appellant,

(c) state the grounds for the appeal, and

(d) be accompanied by:

• a copy of the determination of the Chief Executive Officer to which the appeal relates,
• statement of the facts and contentions upon which the appellant intends to rely, and
• such other documents as the appellant wishes to submit in support of the appeal.

The purpose of the Research Ireland Appeals Board will be to provide independent external evaluation of a decision to require a recipient of a Research Ireland funding award to repay some or all of the funding awarded by the agency. There is a well-developed learning and development-driven internal review structure in operation within the Agency, with a clear escalation path and opportunities at each stage for dialogue towards resolution.

Appeals can only be considered by the Research Ireland Appeals Board where:

1. The agency has required the recipient of a funding award to repay some or all of the funding that has been awarded to them. and
2. The recipient of funding has fully engaged with the internal agency review process and has exhausted their options for escalation through this process. and
3. The higher education institution or research performing organisation associated with the award of funding supports the appeal.

All three of these considerations need to be met prior to lodging an appeal to the Research Ireland Appeals Board.

Historic appeals relating to funding award repayment requirements prior to the establishment of Research Ireland cannot be considered by the Research Ireland Appeals Board.

To lodge an appeal contact:

When your appeal is received, the Research Ireland Appeals Board Secretariat will acknowledge receipt within 3 working days, and you may receive a request from the Secretariat for further information or supporting documentation.

The Research Ireland Appeals Board will provide a copy of the appeal and all accompanying documents to the Chief Executive Officer of Research Ireland and will invite the Chief Executive Officer to make submissions in writing. The appeals board will furnish a copy of these submissions to you as soon as practicable. You may then respond in writing to any submissions made by the Chief Executive Officer.

The appeals board may furnish a copy of the appeal (or, as may be appropriate, an extract) to such other body or person as it considers to be concerned.

The appeals board may request for you, as the appellant, the Chief Executive Officer, or any other person or body concerned to provide the appeals board with further details or documents regarding the appeal, that the board considers may be relevant to the appeal.

When the Research Ireland Appeals Board has received all requested information, they will conclude their assessment within 30 days of receiving the final submission. They will provide a report, and an Appeal Notice of Determination will be issued, informing you of their decision.

The report and Appeal Notice of Determination will also be issued to the Minister for Further and Higher Education, Research, Innovation and Science, and the CEO of Research Ireland.

An appellant who lodges an appeal can withdraw the appeal by notice in writing to the Minister through the Research Ireland Appeals Board Secretariat, at any stage of this process. The Minister will notify the Research Ireland Appeals Board of the withdrawal of an appeal.

The Research Ireland Appeals Board will also notify the Chief Executive Officer and any other person or body concerned in the matter and to whom the appeal has been furnished by the Research Ireland Appeals Board.

By submitting an appeal, you are confirming your acceptance of the below terms.

Freedom of information

Responses to this consultation are subject to the provisions of the Freedom of Information Act 2014 . Read how to make a freedom of information request.

Data protection

Any personal information submitted to the Department will be treated strictly in accordance with the General Data Protection Regulation 2016/67 and the Data Protection Act 2018. Read the Department’s data protection notice .

Purpose

Your data is processed to receive appeals submitted to the Research Ireland Appeals Board and to maintain contact.

Legal basis

Processing your data is necessary for the performance of a task carried out in the public interest.

Categories of data subject

Any recipient of Research Ireland funding, who has been required by the agency to repay some or all of a funding award, can submit an appeal.

Categories of personal data

• Name
• Email address

Further processing

Where the Department intends to further process your data for a purpose other than the purposes listed above, the Department will provide you prior to that further processing with information on that other purpose and with any relevant further information on the processing activity and your data protection rights.

Storage period

The data processed will be retained for a period of up to ten years for the purpose of completing the appeals process.

Please note that your data is also subject to the National Archives Act 1986, see guidance from the National Archives.

Third country

None of your data will be transferred to a country outside of the European Economic Area, which is:

• the EU
• Norway
• Iceland
• Liechtenstein

Data subject rights

Read information on your right to access your data. You may also exercise your right to correct your data, seek to restrict how it may be processed or object to how it may be processed. Your data or that or your child’s will not be used for automated decision-making or profiling. Read the Data Protection Commissioner’s guide to data subject rights .

While you have a right to have your data deleted, the Department may not be able to agree to your request if it is less than 3 years since you submitted your appeal. The Department may not be able to agree to your request for deletion also where your data is subject to the National Archives Act 1986 and no order has been made to dispose of the this category of data under that Act, see guidance from the National Archives.

How to complain

If you are dissatisfied with the management of your data, you have the right to lodge a complaint with the Data Protection Commission .

Contact details

The Department of Further and Higher Education, Research, Innovation and Science is the data controller for the processing of your data. If you have any query in respect of this, you may contact the department at the details below:

The Department’s Data Protection Officer may be contacted at the details below: