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Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: What did they amount to?

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: No, there are other costs. Does the €570,000 sum include all legal costs, including TII's costs?

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: Right.

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: Discovery takes place pre-trial. If I want to discover documents and I am not given them, I will ask the court to order that I get them. It should not be a very expensive process.

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: What was the net point in the legal case, without going into the detail? There was a procurement process, which was publicly advertised and bids were submitted.

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: Was it the lack of transparency of the evaluation?

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: It is such an expensive legal challenge and so costly to the taxpayer and there are precedents for processes like this.

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: As such, there must have been something exceptional in this process that was different to warrant a legal case. I do not have the detail.

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: Of course, yes.

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: Were the applicant and the other party that was successful part of the case? In other words, were they represented as well? How many lawyers were in court altogether?

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: For the three parties. It is hugely expensive and it is not acceptable that that should continue. If TII has views on arbitration and so on that we could recommend to the Government or the Minister, it would make sense. I accept the intention is to have a public procurement process and that would be watertight. However, Mr. O'Neill has pointed out that people make a legal play at the...

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: I accept that.

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: Mr. O'Neill stated that TII will not contribute to the construction costs and there will be ongoing payments to the concessionaire. By implication, those payments would continue normally. In other words, if the legal process had not happened and company A was in there, the TII would help it with the construction costs-----

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: I apologise. Will Mr. O'Neill explain this?

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: Were there tenders previously where a subvention is paid?

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: The Committee of Public Accounts commented yesterday that there is a lack of detail in the TII's PPPs. Was it referring to issues such as this?

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: I welcome Mr. O'Neill's comments about the effectiveness of the existing service stations because I use them every day, particularly along the M1. They are efficient but they are not cost competitive. They are closed shops and motorists pay more for petrol and diesel, although they are more convenient. The contracts are for 25 years. What can be done to test or proof charges in these...

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: I accept that but I disagree with Mr. Nolan. One pays 5 cent or 6 cent per litre more on average. I appreciate there is a premium. Notwithstanding the fact that an owner has the concession for 25 years, is it part of the agreement that the charges cannot be excessive? I have a choice not to go in but if someone is driving two or three hours, he or she will want to go into the service...

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: I am sorry. I have to take Deputy Munster first.

Joint Oireachtas Committee on Transport, Tourism and Sport: Road Network: Transport Infrastructure Ireland (24 Jan 2018)

Fergus O'Dowd: I know other members have come in.

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