Public Private Partnership and Private Finance Initiative

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The Arthur Cox Public Private Partnership / Private Finance Initiative practice forms part of the firm’s broader Projects Group. In common with other jurisdictions, the Governments of Ireland and Northern Ireland are increasingly turning to PPP and PFI as a means of delivering critical infrastructure. Arthur Cox has been integrally involved in the development of the Irish PPP sector having had key roles in almost all of the most significant PPP projects closed to date, including the Irish Roads and Education Projects. Our Belfast Office have also been heavily involved in the Northern Ireland PFI/PPP programme.

In July 2005, the Irish Government mandated the National Development Finance Agency (NDFA) to accelerate and codify the use of PPPs within Ireland. In discharging this mandate, the NDFA is consolidating requisite skills and experience into a “Centre of Expertise”. Arthur Cox has been appointed exclusive legal adviser to the NDFA in the development of this Centre of Expertise and the roll-out of a series of school and health projects. The NDFA is responsible for the procurement of all PPP Projects in the education, justice and health sectors. The firm is also centrally involved in advising on the PPP/PFI programme in Northern Ireland trough the secondment of a Partner as sole legal adviser to the strategic Investment Board.

Arthur Cox has an impressive track record, having advised on almost all significant PPP/PFI projects on the island of Ireland. We are the only full service commercial law firm with a dedicated PPP/PFI team in Dublin and Belfast and have been at the forefront of the development of the sector in each jurisdiction. Our considerable experience extends to reviewing, analysing and structuring project documentation, as well as drafting and negotiating complex financing and security packages. Our clients include awarding authorities, bidding consortia and lenders.

Our team includes members with unparalleled expertise in the full range of legal disciplines required for effective and timely delivery of PPP/PFI Projects, including procurement, construction, FM, banking, property, planning, environmental, energy, corporate, competition, employment and pension specialists.

Awarding Authorities

  • Advising the National Development Finance Agency (NDFA) in relation to its establishment as a Centre of Expertise in PPP in Ireland; the NDFA Template Project Agreement for use in PPP accommodation projects, and the rollout of a number of significant PPP Programmes including the Second Level Schools PPP Programme (27 schools to be procured through a number of bundles), the Third Level Education PPP Programme (17 third level institution projects to be procured through a number of bundles) and the Radiation/Oncology PPP Project.
  • Advising the Railway Procurement Agency in relation to the extension of the LUAS network and rolling stock issues including EU procurement, planning and consent processes and project delivery strategies.
  • Advising University College Dublin in relation to the UCD Gateway Project.
  • Advising Dublin City Council and Dublin Docklands Development Authority in relation to various urban regeneration projects.
  • Advising the Department of Health, Social Services and Public Safety and Health Estates in relation to the implementation of the proposed Primary and Community Healthcare Programme in Northern Ireland.
  • Advising Cork County Council and Cork City Council in respect of the PPP Cork Waste Recovery Facility Project.
  • Advising the Department of Communications, Energy and Natural Resources in connection with the regional broadband Metropolitan Area Networks PPP Project.
  • Advising Altnagelvin Hospitals Health and Social Services Trust on its PFI/PPP laboratory project (the last health PFI/PPP project to be completed in Northern Ireland).
  • Advising the Strategic Investment Board of Northern Ireland (SIB) in relation to the Northern Ireland PPP/PFI Programme through the secondment of a partner to work on projects in the health (acute and primary care), accommodation, education, waste-water, roads and tourism sectors.
  • Lawyers from our team have independently advised the National Roads Authority in respect of the roll out of six deals in its PPP Roads Programme, the Office of Public Works in respect of its National Conference Centre and the Courts Service in respect of its Criminal Courts Complex.

Sponsors

  • Advising DONG Energy Generation A/S as successful bidder for the €400 million Dublin Waste to Energy PPP Project (closed 2007).
  • Advising the Treasury Holdings led consortium as successful bidder for the National Conference Centre PPP Project (closed 2007).
  • Advising National Toll Roads Limited in respect of the sale of the West-Link Toll PPP Project (closed 2007).
  • Advising Celtic Roads Group as successful bidder in respect of the €300 million M1 Dundalk Western Bypass (closed 2003), the €300 million N25 Waterford Bypass (closed 2006) and the €400 million M7/M8 Portlaoise Bypass (closed 2007) PPP Roads Projects.
  • Advising Eircom as successful bidder on the Network NI Broadband Project (closed 2007).
  • Advising the design team in respect of the Criminal Courts PPP Project and the contractor in respect of the Thornton Hall Prison PPP Project.
  • Advising Hochtief Facilities Management Ireland Limited as successful bidder in respect of the Bangor Schools PPP Project (closed 2006).
  • Advising the Bilfinger Burger Consortium as the successful bidder in respect of the Westlink Road Project (DBFO Package 1) (closed 2006).
  • Advising Fujitsu as the successful bidder in respect of the e-HR Project (closed 2005).
  • Advising AMEY Consortium as preferred bidder in respect of the Belfast Education and Library Board Schools Project

Financiers

  • Advising on a dual mandate basis for AIB Bank Plc and DEPFA Bank Plc on the financing of the National Conference Centre PPP project (closed 2007).
  • Acting, on a dual mandate basis, for the lead arranging group of banks in respect of the €300 million project financing of the Waterford Bypass PPP project (closed 2006).
  • Acting for Barclays Bank Plc, the sole arranger in respect of the €90 million project financing of the Cork School of Music PPP project (closed 2005).
  • Acting for Ulster Bank in respect of the funding of the Lisburn Public Library PFI Project (closed 2004).
  • Acting on a dual mandate basis for Société Générale as sole lead arranger in respect of the €300 million project financing of the M1 Dundalk Western Bypass PPP project (closed 2003).
  • Acting for Barclays Bank Plc, the sole arranger in respect of the €100 million project financing of the Schools Bundle PPP project, the first PPP to be project financed in Ireland, as well as a series of secondary market transactions in the PPP sector.
  • Acting for Royal Bank of Canada as agent and arranger in respect of certain aspects of the £206 million Alpha Water Project in Northern Ireland.