Lawyers for the Irish Greyhound Board warned it that a controversial land contract should delete contractors’ deals as they were inappropriate for a public body.
The IGB was told that given procurement rules the arrangements should be removed from the agreement to buy land for its new stadium in Limerick.
It recently emerged that the IGB let the firm selling it the site, Limerick Racecourse Company, to appoint key contractors to help develop the stadium.
Compensation for these professionals’ fees was built into the sale price rather than being put out to tender.
However, a letter sent to its head of legal affairs nine months before the contract was signed, said that explicit references to such appo-intments should be removed.
The IGB’s solicitors, Holmes O’Malley Sexton, said the conditions it agreed to were not right for a public body.
“I note that many of the conditions, in particular with regard to the appointment of various professionals in respect of the development of the stadium, are inappropriate, in view of public procurement/tendering issues that they raise and accordingly, these issues require to be deleted from the site contract,” the solicitor’s letter said.
The final site contract did not contain the references. The IGB said the appointment method was a condition for sale because the seller did not trust the board to get planning permission.
The IGB has said it was within its rights to avail of flexibility within the rules.
The IGB said “it was a condition of sale that LRC would provide technical services and project management services towards securing planning permission”.
The contractors, FKA consultants and Michael Punch and Partners, were hired by LRC.
The IGB has produced a letter from its quantity surveyors, Bruce Shaw Partnership, to say that all aspects of tendering it was involved in complied with public procurement rules.
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