Irish Water came out this morning with the unbelievable excuse that Denis O’Brien’s companies, Sierra GMC / GMC Sierra were separate companies who were doing a joint venture to win the metering contract… They think we are fools!!
1. On 26th July 2013, Irish Water announced the appointment of GMC/Sierra Ltd – Sierra GMC Ltd as one of the regional contractors engaged by Irish Water to manage the Meter Installation Programme but according to information supplied by the CRO it states that the company was only registered on the 11th of July 2013 which was just 15 days prior to the announcement that your company were awarded the contract.
– Minister Kelly,can you please state how this came to be the case as I am sure that GMC/Sierra would have to had tendered for the contract and furnished a tax clearance certificate, insurance documents etc months prior to the date that the company was incorporated. To tender for an EU contract takes months not two weeks, so can the minister for the Environment, Alan Kelly explain that anomaly?
2 .Where under EU tender rules does it allow two companies that didn’t exist at the time of the contract to be counted in one tender document and how did two of Denis O’Brien’s companies acquire the necessary documents to be allowed to amalgamate POST tender? Who in the EU or Minister Hogan’s /Kelly’s office said that this was OK to do without referring the case back to Europe?
(a) There must be individual original documents for both companies and two sets of every tender document and if this is the case which company won the contract and for how much and then why did they amalgamate if they were essentially the same company and for what competitive advantage?
(b) Why did the EU not object to this method of tendering when it goes against their own rules if Minister Kelly believes that there was a joint tender between GMC Sierra and Sierra GMC (Who according to CRO records are still two completely separate legal entities with no accounting or financial crossover regarding the joint tender). How can this be explained?
(c) I fail to understand how these two companies were included in a tender process that required a turnover of at least one million Euro, when these companies were either not trading due to the fact that they (a) Didn’t exist and (B) Were in debt and receivership at the same time. So which is it to be, Minister Kelly / Irish Water because neither answer will get you out of the hole you have dug?
3. Where did these companies get the tax clearance considering they were in receivership and under the care of IBRC because they owed millions of Euro to the Irish Taxpayer? How can that be explained away? You CANNOT obtain a tax clearance cert for the following reason:
(a) You owe the taxman money
(b) Your company is in liquidation or receivership
(c) The directors are not tax compliant
– No company or individual can avail of the tax clearance certificate and that applied to GMC Sierra / Sierra GMC and Siteserv… So who won the contract when none of these companies were eligible?
3. Can you also explain how GMC/Sierra managed to lodge the required documents for incorporation and attained said incorporation on the same day when 99.99% of companies have to wait weeks to be allowed to start to trade?
– Was there any ministerial pressure put on the CRO to facilitate GMC/Sierra’s rushed incorporation to your knowledge? Why are Irish Water, Sierra GMC / GMC Sierra, refusing to show the original tender documents citing “commercial sensitivity” everytime?
4. Why are GMC/Sierra –Sierra GMC using several different addresses for the same building? According to the CRO, these companies have three different registered addresses but the actual building is the same building for all three addresses. Once again Minister Kelly, can you explain the anomaly here?
5. What was the total value of the awarded contracts and will you let a team of forensic accountants and a legal specialist in EU tenders see the original documents that were used for the tendering process so as that we know what company actually won, considering none of the companies that supposedly won were legally entitled to even tender, never mind win the metering contract?
When you lie on behalf of someone you need to make sure that the people you are lying too, aren’t cleverer than you, Minister Kelly… Your call!!