Séamus Healy (Tipperary South, Independent)
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Question 3: To ask the Minister for Arts, Sport and Tourism his intentions for the National Aquatic Centre in view of the recent happenings in the Supreme Court and in view of allegations that the building is deteriorating rapidly. [40917/06]

John O'Donoghue (Kerry South, Fianna Fail)
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I wish to express my satisfaction that the National Aquatic Centre will be restored to Campus and Stadium Ireland Development Limited, CSID, following an order by consent made by the Supreme Court on 14 November. Following the persistent failure of Dublin Waterworld Limited to comply with obligations under its lease, I directed CSID to seek forfeiture of the lease in the High Court. The High Court found there had been "wilful breaches" of the lease by Dublin Waterworld Limited. A judgment in favour of CSID, delivered by the High Court earlier this year, was appealed by Dublin Waterworld Limited to the Supreme Court. The Supreme Court ordered that possession be handed over on 30 November, that pending such hand-over the defendant will abide by the terms of the undertaking to the Supreme Court dated 12 May — these were the terms of the stay on the order for possession, that the sum on joint deposit as security for costs in this case is released with interest immediately to McCann FitzGerald, and that the High Court order as to costs be vacated and there be no further order as to costs in the Supreme Court.

This means that CSID regains possession of the centre from midnight tonight. The immediate handover of the National Aquatic Centre is a significantly more advantageous position than would have been the case had the appeal proceeded.

Following the initiation of the High Court proceedings, CSID put in place a contingency plan to take over the operation of the National Aquatic Centre in anticipation of regaining possession. The facility will now be managed by CSID (Operations) Limited, a subsidiary of CSID. I would like to take this opportunity to acknowledge the role of the staff at the centre. They have been through a difficult and uncertain time and I assure them that CSID will fully comply with any and all legal obligations towards the staff. I understand that CSID met with the staff on Tuesday last and briefed them on the plans for the future. It is the intention that there should be a seamless transition to the new operating company and that the business of the centre continue.

I wish to address the Deputy's concerns regarding the condition of the building. CSID is confident the facility is in good condition, but it will carry out a full health check on the total facility, starting tomorrow, with a view to dispelling any concerns once and for all.

The facilities at the centre will be maintained and managed to the highest quality so the residents of Blanchardstown and the wider community can enjoy one of our flagship facilities.

Séamus Healy (Tipperary South, Independent)
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I join the Minister in support of the staff at the centre. Is the Minister aware of allegations that the building has deteriorated considerably? What works need to be carried out to bring the centre up to a good standard, how much will they cost and who will be responsible for the costs of any works necessary?

John O'Donoghue (Kerry South, Fianna Fail)
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As is well known, there was storm damage in January 2005 because of severe weather conditions in west Dublin. The roof was damaged as were various fittings around the complex. Repair works were completed on 20 May 2005 and the centre was reopened to the public on that date.

Kavanagh, Mansfield & Partners has certified that the programme of works was carried out in accordance with the requirements of the design and it secured certification from the designers, contractors and subcontractors with regard to the various elements of the work. The capital expenditure concerned has been covered between the insurers and the main contractor and no Exchequer expenditure was involved. The repair work cost just over €1 million.

With regard to reports of leaks, during 2005 reports of leaks were carried through various media organs and as a result an inspection team conducted a technical examination of the entire centre. Experts in the field were called in and the team found there was no evidence of any structural defects or of any water leaking into the plant room, despite what was alleged in the media. While some leakage from pipe joints and valves was identified, in the view of the inspectors, these arose for reasons of operational and maintenance issues and were not structural.

In addition, a test was carried out and confirmed there were no leaks from the swimming pools. URS structural engineers confirmed that the concrete works were designed and constructed to meet the British Standard 8007 and confirmed that any cracks that existed did not leak, were not of a structural nature and were entirely normal for a building of this type. The inspection carried out confirmed the allegations were unfounded and may have been connected with the ongoing court case. The report to the effect that the leaks did not exist got little coverage in the media.

There was also a snag list. In common with all new buildings, there is a process for dealing with snags that arise in the building. The attitude of Dublin Waterworld Limited in not facilitating access to the centre while the dispute on the lease was in progress resulted in the final snag list not being satisfactorily resolved. That process was also interrupted by the damage and the repair work to the roof. Approximately €320,000 has been retained and it will not be paid until the snag list is completed.

The resolution of all matters is frequently a long-drawn out process in projects of this magnitude. However, the work will now resume. It is hoped the remaining issues will be resolved without delay. I am delighted this saga will come to a close at midnight tonight and that the State, through a subsidiary, will operate the centre for the foreseeable future. That is as I wish it to be.

This has been a long and sorry saga and it has lessons for everyone involved. However, what is certain is that this project came in on time and within budget. It has had its difficulties, but the National Aquatic Centre which hosted the Special Olympics and the European short course championships has been praised as one of the finest facilities of its kind throughout the world. I hope that in future we will not have the difficulties we have had in the past and that the people can be proud of this flagship project.