Pat Gallagher (Donegal South West, Fianna Fail)

As the Deputy is well aware, legal proceedings have been taken by Campus Stadium Ireland Development Limited, CSID, the landlords of the national aquatic centre, against Dublin Waterworld Limited, the operators of the centre. This case is currently before the commercial court. As has been explained on a number of occasions to the Deputy, the existence of the court case precludes the Minister, who apologises for being unable to attend tonight, or CSID from speaking freely about the issues under dispute. To do so might jeopardise the outcome of the case. That, despite all the efforts of the Opposition, I will not do.

I am happy to put the factual position on the record. At present CSID has a legal action in the commercial court against Dublin Waterworld, the operator of the national aquatic centre, for breaches of the lease. In the commercial court on 3 June, Mr. Justice Peter Kelly made an order in relation to the following matters, which were the subject of the statement of claim lodged by CSID against Dublin Waterworld. The dispute as to whether Dublin Waterworld is liable to pay over €10 million of VAT on the granting of the lease has been referred to arbitration. This arbitration is taking place and will be concluded shortly. On repair and maintenance issues, the dispute as to whether Dublin Waterworld has properly managed the national aquatic centre has been referred to an architect for expert determination and again this process is under way. There are a number of issues involving the lease, including complaints that Dublin Waterworld failed to pay rent, failed to provide audited accounts — thus preventing the profit share to be calculated — failed to pay insurance on the building and failed to establish a sinking fund. These matters are still subject to court proceedings and are currently before the court. The most recent hearing was yesterday.

Last evening, CSID issued a statement on the matters referred to by the Deputy and I would like to bring this statement to the attention of the House:

CSID has stated that it is satisfied that the reports in the media relating to the National Aquatic Centre are inaccurate in many respects and would be inappropriate to comment on any of these issues as there are proceedings before the court at this time.

In the court yesterday, CSID's legal team referred to a situation that is growing murkier and murkier.

I can give an assurance to the House, on behalf of the Minister, Deputy O'Donoghue, that the primary concern at all times has been to protect taxpayers' investment in this and other projects. I will not play any part in the Opposition's determined efforts to undermine that position, even though Deputy Burton appears to have no compunction about making public statements on matters before the court. Once the court proceedings have been completed, CSID will no longer be constrained from putting the facts before the public and answering any questions Deputies, the media or anyone else may have about the various matters at present before the court.

Deputy Burton has, over the past months, been loud in her comments about the damage caused to the centre on 1 January. It is unfortunate that the freak storm damaged the roof of the national aquatic centre.

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