Dundee City Council has been accused of misleading the public over the Olympia closure after finally conceding it is not pursuing the builders for compensation.
The council previously said it would be “inappropriate to comment” on whether it was attempting to recoup compensation for the £6m repairs from builders Balfour Beatty.
But a Freedom of Information (FOI) request has now forced the authority to confirm “there are no active legal cases involving Olympia Leisure Centre”, leaving local taxpayers to foot the bill.
North East MSP Michael Marra, a former Dundee councillor, says previous attempts to withhold the information were “nonsense”.
He said: “Once again Dundee City Council is refusing to be upfront with people about the ongoing fiasco at the Olympia that is costing taxpayers many millions of pounds.
“The idea that it would be inappropriate to comment on whether there was a live legal case was always nonsense.
“This FOI response makes those comments look like a deliberate attempt to mislead the public and deliver a degree of ‘cover’ for the administration.”
Nine-year-old centre forced to close
The beleaguered centre was shut for major repairs at the end of 2021 — just nine years after being built — sparking confusion among locals.
Responsibility for the rapid deterioration of the building is yet to be apportioned but the council’s legal team previously said it was “reviewing” liability.
The council PR department’s lack of transparency and the dearth of clear answers on who is to blame for the situation has led to heavy criticism, including of all the city’s councillors.
It’s not clear if Balfour Beatty — which built the £32m centre under the now-scrapped Mansell brand — is responsible in any way for the situation.
But it is known there were issues with the building, which was designed by the council’s architectural services division, just months after it opened.
Senior council officers have previously listed the areas which they believe may have contributed to the pool’s poor condition, despite it being so young.
Among these are question marks over the “initial workmanship and detailing” and “operational management of the pool”.
Balfour Beatty has so far declined to comment on the saga.
Mr Marra said: “Dundee City Council has proven itself incapable of giving straight answers.
“In these circumstances, the public simply cannot have confidence in the council administration to get this right and to ensure such calamitous failure does not happen again.
“There must be a proper inquiry into the problems at the Olympia and the council’s response.”
Council leader John Alexander has insisted there is nothing left to investigate and has refused to allow an independent inquiry despite calls for him to do so.
Under FOI, the council was also asked to give the reasons why it is not seeking legal recourse but again claimed it is not obliged to disclose this.
The council’s legal manager Kenneth McKaig cited an exemption clause that protects “confidentiality of communications” and attracts “legal advice privilege and litigation privilege”.
Council fears ‘dangerous precedent’
In the FOI response, Mr McKaig said: “At present, no proceedings have taken place, but revealing the legal advice that the council receives would create a dangerous precedent and would undermine the council’s ability to receive clear, full and frank legal advice and jeopardise any future legal cases.
“I take the view that the public interest in disclosing the information is outweighed by the public interest in maintaining the exemption.”
The centre is due to reopen in October this year once work is finished and it is deemed safe.
A spokesperson for Dundee City Council said: “The council’s reasons for releasing this information at this current time are contained within the FOI response.”
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