High Court Battle to Remove Halt on €650M Upgrade for Dublin-Belfast Train Line
A High Court challenge is currently underway regarding the €650 million contract intended for the Dublin-Belfast Enterprise Service train upgrade. This legal dispute could result in the potential loss of up to €165 million in EU funding, a court heard on Wednesday.
Legal Proceedings and Implications
Mr. Justice Mark Sanfey is overseeing the case involving Iarnród Éireann-Irish Rail and Northern Ireland Railways Co Ltd. They are seeking permission to lift a court-imposed stay on the contract award to expedite the process. The complaint stems from Construcciones Y Auxiliar De Ferrocarriles (CAF) SA, the unsuccessful bidder for the contract, which contested the decision last month citing EU procurement laws.
The conflict arises partly from allegations that CAF is included on a UN blacklist related to human rights concerns. The contract was awarded to Stadler Busnang AG on September 18th.
Project Significance and Public Demand
The Dublin-Belfast train fleet is approaching the end of its 30-year operational lifespan by 2027. Peter Smyth, chief mechanical engineer for Irish Rail, emphasized the importance of modernizing the fleet. Approximately 3.3 million people live within a 40-mile radius of the train line, underscoring the necessity for efficient and reliable service.
- Current Service: 8 trips daily
- Planned Service: 16 trips daily
- Projected Capacity by 2030: 4 million journeys
- Projected Capacity by 2033: 2.4 million journeys
The upcoming service aims to enhance passenger experience by replacing outdated rolling stock with new trains designed for greater comfort and efficiency.
Funding Overview
The project is being funded by various sources, including the Irish Government, Northern Ireland’s Department of Infrastructure, and EU funding programs like PEACEPLUS, PEACE IV, and INTERREG VA. However, a significant portion—up to €165 million—hinges on a project completion deadline of December 31, 2029. Failing to meet this deadline would render certain costs ineligible for reimbursement from the EU.
During the tender competition, it became apparent that none of the bidders could assure the delivery of all eight planned Enterprise Sets by the specified deadline. However, the EU has been approached to approve funding based on the successful tenderer delivering at least four sets by that time.
Urgency and Next Steps
In court, Catherine Donnelly SC, representing the defendants, highlighted the urgency of resolving the case to avoid jeopardizing the EU funding. Johnathan Newman SC, representing CAF, expressed surprise at the urgency related to funding, indicating inconsistencies with the tender evaluation criteria.
Justice Sanfey acknowledged the possibility of a swift hearing and adjourned the matter for two weeks, indicating a potential expedited process.
