Conor Lenihan
Question:297 Mr. C. Lenihan asked the Minister for the Environment and Local Government the number and type of public tenders which have been the subject of legal action over the past five years. [23514/99]
Written Answers. - Public Tenders.
Apart from its own programmes, my Department has no information on the overall number and types of public tenders placed by Government Departments and State bodies or other regional and local agencies which have been the subject of legal action, under national or EU law, over the past five years.
In so far as programmes funded by my Department are concerned, the local authorities are primarily responsible for seeking and accepting tenders. As part of the process of devolving more power to local authorities, a growing number of works funded by my Department do not require submission of tenders for approval. Accordingly, there may be cases where litigation was initiated by unsuccessful tenderers but my Department has no record of it. Subject to the foregoing, the following is the information available in my Department regarding relevant litigation in the past five years. N20 Adare to Annacotty road contract No. 2: SIAC Construction Ltd. initiated High Court proceedings in April, 1999. Proceedings ongoing at present; Ballinrobe sewerage scheme: SIAC Construction Ltd. initiated judicial review proceedings in High Court against Mayo County Council. High Court ruled in favour of council. SIAC appealed to Supreme Court which is referring an aspect of the case to the European Court of Justice; N2 Ardee-Rathrory: Fallon Construction Ltd. initiated a legal challenge in September 1997 to the award of contract by Louth County Council (value £5,337,410). The challenge was subsequently withdrawn prior to court hearing.