The construction of a MetroLink platform foundation has seemingly started without the necessary due process, a Councillor has said.
The construction works at the controversial Charlemont terminus in Ranelagh began before the Railway Order went before An Bord Pleanala.
International investment firm Hines are building the "enabling works" at a cost of €12.5 million under a condition in a planning permission granted to them to develop the former Irish Nationwide Building Society's headquarters on Grand Parade near the Luas stop.
Transport Infrastructure Ireland and the National Transport Authority both told Dublin Live the platform foundations were being built by Hines under an "agreement" reached between the three parties whereby Hines would be paid the €12.5 million in tax payers money after the job was completed.
However, evidence of tendering and procurement processes, which ensure the best deal for State funds and competency of the client, were not provided by TII or the NTA when requested by Dublin Live.
Dublin City Council did not respond at time of publication.
The MetroLink will see an underground rail system run from Swords to Dublin Airport and into Dublin city centre.
The massive infrastructure plan, which was first mooted in the year 2000, has been dogged with delays and the latest completion date is 2035 at the earliest.
Independent Councillor Mannix Flynn criticised the NTA and TII for appearing to have "circumvented all tendering processes and all international procurement law legislation".
Cllr Flynn also requested DCC's Planning Deportment take action against the works.
He said: "This needs a full proper investigation, this needs full transparency and this is entirely unacceptable that a €12.5 million project to build a platform for a terminus at Charlemont Street was done in secret and was hidden.
"It would seem to have circumvented all tendering processes and all international procurement law legislation in relation to how public works are rolled out.
"This is highly unacceptable and that the public were duped out of having their say in relation to this matter.
"This situation is going to be a very, very sorry day to for DCC, the NTA and TII."
Cllr Flynn urged the Minister for Transport Eamon Ryan to make a statement on the situation and warned the building works could be stopped by a court order.
He said: "The Minister for Transport should make a statement in relation to this situation bearing in mind that there is no railway order in place that would give this some measure of protection.
"This is wide open to a judicial review and a challenge in the courts. We thought we left the best part of these planning irregularities behind us.
"You could halt these works with a court order. If you were to judicial review this, you would laugh your way out of the court with all your costs paid.
"It is simply outrageous," he added.
TII said the planning permission for the station box part - the part that sits on top of the foundations - will be included in the Railway Order which is yet to go to An Bord Pleanala.
A TII spokesman said: "Construction of the MetroLink Station box will require planning permission and will be included in the application for the Railway Order to be made to An Bord Pleanála for MetroLink."
A spokesman for Hines said the firm "has acted fully in line with its planning permission and put in place the requite enabling works required for the site."
Dublin City Council did not issue a response at the time of the publication of this article.
Previously, Dublin Live reported that over 1,000 South Dublin residents were calling for the final stop of the long-awaited MetroLink to be relocated from Charlemont to Cathal Brugha Barracks or St Stephen's Green.
In a letter to Transport Minister Eamon Ryan, the angered residents said: "There is a fundamental flaw in the proposed South Terminus of MetroLink that will reduce the utility and future value of the overall metro system – it is simply in the wrong location. This view is fully supported by numerous community groups across the southside."
Read more: Dublin Metrolink: Second entrance added to plans at Charlemont stop
Read more: South Dublin residents call for MetroLink terminus to be relocated to Cathal Brugha Barracks
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