A legal challenge to the tendering process for construction of the State's first Olympic-size swimming pool has opened in the High Court. The process is on hold pending outcome of the action by Stewart's Hospital Foundation, a registered charity, of Palmerstown, Co Dublin, against the Minister for Tourism, Sport and Recreation.
Stewart's tendered a proposal to build a 50-metre pool at Balgaddy. It claims that the Department was not entitled to deem this ineligible because Stewart's sought initial State funding of £23.6 million.
The Department informed bidders that it would provide a capital grant of £6 million to the successful bidder, plus an annual subvention of £250,000. It wrote to Stewart's in January 1999, noting that its tender sought a capital grant of £23.6 million. "By virtue of this, your tender is clearly ineligible", the letter stated.
Mr Richard Nesbitt SC, for Stewart's, said that while Stewart's sought a large initial capital grant, it did not envisage any annual funding after the first two years.
Stewart's is seeking orders quashing the decision of the Minister to disqualify its tender and directing him to consider the tender, and all other tenders, by reference to which is the most economically advantageous and without reference to whether any tender seeks a capital grant of more or less than £6 million.
The hearing continues today.