Health Minister 'has no power' to stop firm being sued by department from building ward
Health Minister Simon Harris does not have the power to stop the firm at the centre of the school building controversy from building a new hospital unit.
And Mr Harris said it would be "laughable" if he was to say anything that would jeopardise the building of the new unit at University Hospital Limerick.
Mr Harris rejected calls for him to block Western Building Systems from having any role in the €14m unit at UHL, saying he is effectively blocked from doing so by existing Irish and EU laws.
It has emerged that Western Building Systems, from Coalisland in Co Tyrone, was given a contract to build the new 60-bed ward in May.
The same firm has been at the centre of a legal dispute with the State since last summer, with the case due to be heard in the commercial court in October.
That is after a Department of Education investigation confirmed 42 schools the company built under the rapid build programme had fire and structural safety issues.
To date, serious flaws have been uncovered at 23 of the schools, with repair work ongoing on 17 of the facilities.
While the State is not allowed to bar any firm from applying for contracts under Irish or EU tendering laws unless the company has been struck off, it had been widely expected Western would not be given any new contracts until the matter is resolved.
However, after the decision to award the firm the University Hospital Limerick contract in May became public knowledge, Health Minister Simon Harris said the reality is interjecting could risk delaying the entire project.
"All procurement is awarded in accordance with very strict rules. What the HSE can do, and I mean this in a general sense, is obviously make sure there is appropriate site supervision for any project that has been awarded a contract. And I have been discussing that with them today and expect it will be in place," he said.
Asked if it is "laughable" the State cannot block a company from winning tenders for vital projects despite the fact it is suing the same company for serious fire and safety issues involving its previous projects, Mr Harris said: "What would be laughable is if I said anything today that would jeopardise the going ahead of a very significant extension of the University of Limerick.
"If I was sitting here picking and choosing who built hospitals you would be asking me a much more serious set of questions because obviously ministers and departments don't have a role in relation to this procurement process.
"It [tendering] has to be run in relation to very strict national and EU laws and the process has to adhere to those rules. And obviously for me to say anything about any one company could jeopardise that process. So the contract has been awarded and works are underway."
Sinn Féin's Limerick TD Maurice Quinlivan said the involvement of WBS is "very concerning" given the ongoing legal row with the Department of Education.
"Until the facts are established, I would have assumed current tenders from this company would be under review, and new tenders not accepted. Safety is paramount. I would expect Minister Harris to address these concerns as a matter of priority," he said.
