Information 'withheld from Taoiseach' over bid for national aquatic centre

17/11/2009 - 18:57:12
Vital information about the consortium awarded the contract to build the €63m National Aquatic centre which would have resulted in its exclusion from the tendering process was withheld from the Taoiseach and members of the Government, the High Court heard today.

The claims were made on behalf of Dublin International Arena Ltd in its action against Campus Stadium Ireland Development Ltd, the Minister for Tourism, Sport and Recreation, Ireland and the Attorney General over the award of the contract to build, design, operate and maintain the Abbotstown facility.

In its proceedings DIAL, who lost out on the process, claims that the contract was awarded to Waterworld UK Ltd, Rohcom Ltd and Dublin Waterworld Ltd, who were not qualified to build the facility which was being built to host part of the Special Olympics in 2003.

The defendants have denied the claims.

Opening the case before Mr Justice Declan Dubb Paul Sreenan SC for DIAL said that in this case the guidelines set up as part of the public procurement process were not followed, and the way it was operated became "dysfunctional"

Counsel said that as part of the process all the qualifications and merits of all those who submit a tender must be assessed.

Counsel said that CSID, the state-owned company that commissioned the National Aquatic Centre as part of the tendering process, commissioned Pricewaterhousecoopers (PWC) to carry out an investigation into the bidding consortiums.

That report contained important information including that Waterworld UK was a £4 shelf company. It further disclosed that there was "not a shred of truth and totally false claims" by Waterworld that it had links with world leading firms such as aquatic operators Schlittor Bahn and swimming pool attraction makers NGBS.

Counsel said that report, the contents of which should have disqualified the Waterworld bid, was submitted to CSID on December 18, 2000, the day before that a CSID committee was due to decide which of the tenders was to be accepted.

Counsel said it was given to CSID's Executive Director Mr Paddy Teahon and to CSID's head of executive services. Counsel said that information in the PWC was not given to some members of that CSID committee.

However counsel said that the information in that report was never given to member of the deciding committee nor to the Taoiseach or the Department of Tourism and Sport.

Counsel said that further on December 18 a memo was drafted by the CSID and faxed to the Taoiseach's office stating that Waterworld UK consortium was the preferred bidder. The then Taoiseach Mr Bertie Ahern then informed to the cabinet.

Counsel said that the Taoiseach did not know that the company he had recommended to cabinet was a shelf company. Counsel said that public procurement procedures had to be transparent and non-discriminatory where "all the cards must be put on the table." The principles of such procedures are governed by EU law.