Written answers

Tuesday, 30 May 2006

Department of Arts, Sport and Tourism

National Aquatic Centre

8:00 pm

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 381: To ask the Minister for Arts, Sport and Tourism further to Parliamentary Question No. 194 of 29 March 2006 if his Department has been in contact with officials from Campus and Stadium Ireland Development Limited regarding the position of the forfeiture of the lease by Dublin Waterworld; the contingency plans CSID have in place for the successful running of the National Aquatic Centre; if this plan will affect those working at the centre; and if he will make a statement on the matter. [20527/06]

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Fianna Fail)
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The legal proceedings taken by CSID against Dublin Waterworld Ltd are still before the Courts and it would be inappropriate to comment on matters that are sub judice. However, it is a matter of public record that the case was before the Supreme Court on 12 May. Pending the hearing of an appeal, the Supreme Court granted a stay of execution on the judgment and order of Mr. Justice Gilligan made in the High Court on 21 and 29 March 2006. The terms upon which a stay was granted are as follows: The defendant to provide security for costs; The defendant undertakes to keep National Aquatic Centre open and operational; To continue to pay suppliers and staff; To operate the 1300 hours agreement as currently operated; To provide monthly management accounts within 14 days of month end; To comply with all obligations under the lease subject to matters in contention in the appeal; To take reasonable steps to prosecute the appeal; Not to remove plant and/or equipment or records and to return any records removed; To allow reasonable access for the snagging process to continue.

The Supreme Court gave liberty to apply to it in relation to a serious breach of these terms, on two working days notice. The Supreme Court also entered the case on a list to be heard by the Chief Justice on 18 May in relation to granting an early hearing to the appeal.

CSID duly made an application for an early hearing of the appeal on 18 May. On that date, the Chief Justice ordered that the Books of Appeal be lodged within a week and that submissions be lodged within 10 days. He listed the case for mention on 16 June at which stage he will be seeking a date for the hearing. The availability of dates in the legal calendar will determine whether an early hearing can be secured. CSID has prepared contingency plans for the operation of the National Aquatic Centre in the event of it regaining possession.

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