Council hides Sky Garden bill to taxpayer

A LOCAL authority has turned down an appeal and again refused to release documents relating to garden designer Diarmuid Gavin’s controversial Sky Garden which could cost taxpayers up to €2.3 million.

Cork City Council said that, following a new and full internal review of all the documents, it has decided to “confirm the original decision” relating to the non-release of records.

It follows an appeal by the Irish Examiner of the council’s decision early last month to refuse to release the documents following a Freedom of Information (FoI) request.

The council has, however, released five lists giving brief details of the 579 records that it deems relevant to the FoI request but which it is refusing to release.

The records — which run to 1,632 pages — include photographs, letters, emails, invoices and minutes of meetings and phone calls.

They include photographs of the city’s main public park, Fitzgerald’s Park, and an email about a press release issued by City Hall congratulating Mr Gavin on winning the gold medal at the Chelsea Flower Show. Also among the records are:

* Details of Aer Lingus, Ryanair, and BMI flights between Dublin and London;

* Invoices from Holiday Inn Express in London-Greenwich;

* Several invoices to Diarmuid Gavin from Nolan Transport in New Ross, Co Wexford; Lynch Plant Hire in Middlesex, Baldwins Crane Hire Ltd and Contract Lifting Services; Barcham, The Tree Specialists ;and Interplant, the international plant transport.

The council cited Sections 20, 21 and 27 of FoI legislation in the case of every single record as the basis for refusal to release the information.

These sections state the granting of an FoI request would be contrary to the public interest, and that its disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates.

Outspoken Sky Garden critic, Cllr Ted Tynan, criticised the council’s latest decision.

“So much for openness and transparency,” he said.

“People are baffled by the amount of money being spent on this project at a time when money is being cut from vital city services.

“This is a very serious matter because this is taxpayers’ money and we are entitled to know how and where our money is being spent.”

He now plans to address city manager Tim Lucey directly and has tabled several questions for Mr Lucey to answer at next Monday night’s first full council meeting since its summer break.

He said he wants Mr Lucey to explain in what way disclosure of information in relation to the Sky Garden would be contrary to the public interest.

“And I want the manager to state if there will be additional cost in relation to the installation and maintenance of the garden at its future location, including additional landscaping, access and ongoing insurance and security costs,” he said.

The Irish Examiner submitted its FoI request on June 7 following controversy about the cost to the taxpayer of the Chelsea Flower Show gold medal winning garden.

The garden’s signature pod, which has been in storage in the city’s Showgrounds since June, could remain in storage for up to a year as plans are advanced for its installation at a new city park.

City officials have said that the council’s financial exposure to the project will be capped at just over €400,000.

Fáilte Ireland is covering 83% of the estimated €2.3m cost of the garden in the hope that it will become an iconic tourist attraction in Cork city.

It is understood the council is still engaged with Mr Gavin as its works towards finding a permanent home for the garden.