A body which was disqualified by the Minister for Tourism, Sport and Recreation from tendering for a contract for construction of a 50-metre swimming pool was given leave by the High Court yesterday to challenge the decision.
The leave was granted to Stewart's Foundation Ltd, Palmerstown, Co Dublin, which until December 31st was known as Stewart's Hospital. Stewart's is a registered charity which provides services to people with mental handicap.
Applying for leave to challenge the decision to disqualify, Mr Richard Nesbitt SC, for Stewart's, told Mr Justice McCracken that his clients wanted to be considered in the tendering for the contract.
Mr John Jennings, company director, Stewart's Foundation Ltd, said a notice was published in January 1998 asking for applications for inclusion in a list invited to tender. Stewart's had decided to apply. It owned a "totally appropriate" site for the pool at Balgaddy.
Mr Jennings referred to correspondence with the Department. In August, the Depart ment wrote that the amount of State funding which would be available to the successful tenderer was a capital grant of up to £6 million and an operating subsidy of up to £250,000 for a 20-year period. At no stage had Stewart's been given reason to believe that financial arrangements which would place an arbitrary limit on the capital grant would be applied.