{meta} Agenda for Monthly Council Meeting on Monday 4th July, 2016, 6.15 pm

Agenda and minutes

Venue: Council Chamber, City Hall, Dame Street, Dublin 2.. View directions

Media

Items
No. Item

1.

Lord Mayors Business

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Minutes:

The Lord Mayor opened the meeting by  expressing condolences on his own behalf and on behalf of the City Council to the family and friends of Mr Tim Brick, former Deputy City and Port Tunnel Engineer who retired from Dublin City Council  in 2012. All stood for a minute’s silence as a mark of respect for the deceased.

 

The Lord Mayor then requested and received approval from the City Council for the attendance of newly co-opted Members at induction training arranged by the AILG. He then informed Members that he planned to hold a Special meeting of the City Council on July 25th @ 6.15pm to deal Part 8s and  motions left on this agenda at the end of tonight’s meeting.  He then requested City Council approval for the appointment of the Lord Mayor to the Board of St Patrick’s Festival. He said that position on the board would be filled by Lord Mayors in perpetuity. This was approved by the City Council.

 

The Lord Mayor then referred to the recent shooting in Bridgefort St and an emergency motion which was submitted by Cllr MacVeigh in this regard. He said that he was referring the matter to the Dublin City Joint Policing Committee and to the LCDC.

 

Finally, the Lord Mayor invited ideas from all Members as to how to improve the structure of the Agenda and monthly meetings so that items are dealt with faster and that Members get to discuss their motions in a timely fashion. Ideas were requested to be sent to the Lord Mayor’s Office.  He then referred to the situation with the John’s Lane Hostel and said he and the Chair of the Housing SPC, Councillor D Doolan, offered to meet residents to allay any of their concerns.

 

2.

Ceisteanna fé Bhuan Ordú Úimhir 16 pdf icon PDF 615 KB

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Minutes:

It was moved by Councillor V Jackson and seconded by Councillor S McGrattan “That Dublin City Council approves the Dublin Chief Executive answering the questions lodged”. The motion having been put and carried, written answers to the 122  questions lodged for the City Council meeting were issued. The Questions and Answers are set out in Appendix A attached.

3.

To confirm the minutes of the Special Meetings held on 30th and 31st May and 1st June 2016 and Monthly Meeting of City Council held on 13th June 2016.

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Minutes:

The minutes of the Meeting of the City Council held on the 30th and 31st May and 1st June 2016 were not approved by the City Council and will be re-listed for the September Monthly Meeting for approval.

 

The minutes of the Monthly Meeting of City Council held on 13th June 2016.having been printed, certified by the Meetings Administrator, circulated to the Members and taken as read, were signed by the Lord Mayor..

4.

Report No. 202/2016 of the Head of Finance (K. Quinn) - Monthly Local Fund Statement.

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Minutes:

It was proposed by Councillor R McGinley and seconded by Councillor N Reilly “That Dublin City Council notes the contents of Report No 202/2016”. The motion was put and carried.

5.

Reports of the Chief Executive, in compliance with Section 138 of the Local Government Act 2001 informing the Council of works which are about to commence and in compliance with the Planning and Development Regulations 2001, Part 8:

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5a

Report No. 165/2016: Public Park and Play Facility at Benson Street, Dublin 2.

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Minutes:

It was moved by Councillor R McGinley and seconded by Councillor M Flynn “That Dublin City Council notes Report No 165/2016 and hereby approves the contents therein ”. The motion was put and carried.

5b

Report No. 189/2016: St. Audeon's Park, High Street, Dublin 8.

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Minutes:

It was moved by Councillor V Jackson and seconded by Councillor C Burke “That Dublin City Council notes Report No 189/2016 and hereby approves the contents therein”. The motion was put and carried.

6.

Vacancies

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Minutes:

            The City Council agreed to defer the filling of the following vacancies to the             next meeting of the City Council:-

·        Protocol Committee x 2

·        Local Community Development Committee

·        Dublin City Joint Policing Committee

·        Parnell Square Special Committee

7.

Report No. 186/2016 of the Chief Executive (B.Kenny) - Monthly Management Report - 4th July 2016. pdf icon PDF 3 MB

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Minutes:

It was proposed by Councillor M Flynn and seconded by Councillor N Ring “That Dublin City Council notes the contents of Report No”. The motion was put and carried.

8.

Report No. 182/2016 of the Acting Assistant Chief Executive (V. Norton) - Review of the Street Performance Bye Laws 2016.

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Minutes:

It was proposed by Councillor R Moynihan and seconded by Councillor V Jackson “That Dublin City Council notes the contents of Report No 182/2016 and hereby resolves to make Street Performance Bye Laws 2016 as outlined in the report” Several amendments to the draft Bye Laws were then put forward as follows :

 

·        Amendment No 1 (a) : “That the amplification ban includes Temple Bar Square” – Proposed by Councillor C Cuffe and seconded by Councillor D Lacey. The motion was put to a roll call vote and carried. For full details of the vote, see Appendix B to these minutes.

 

·        Amendment No 1 (b) :  “That no busking be allowed outside Crampton Buildings on the adjoining portions of Bedford Row, Asdill’s Row and Fleet St” - Proposed by Councillor C Cuffe and seconded by Councillor D Lacey. The motion was put to a roll call vote and carried. For full details of the vote, see Appendix C to these minutes.

 

·        Amendment No 2 : “That the use of amplification and backing tracks be banned for a period of 6 months and post that period, the Arts, Culture & Recreation SPC will review the impact (positive or negative) and make a recommendation to Councillors for a decision at a monthly Dublin City Council meeting as to whether to make the ban permanent or amend or remove it” – Proposed by Councillors Feeney, Binchy, McCartan, Sammon and Flanagan. The motion was put to a roll call vote and defeated .For full details of the vote, see Appendix D to these minutes.

 

·        Amendment No 3  : “On page 271, Remove No 2  - Use of wind instrument and No 3 – Use of percussion instruments” – Proposed by Councillor R McGinley and seconded by Councillor M Flynn. The motion was put to a roll call vote and carried .For full details of the vote, see Appendix E to these minutes.

 

The City Council then resolved to make Street Performance Bye Laws 2016 as set out in Report No 182/2016 and to include the amendments agreed at Nos 1(a), 1(b) and 3 above. Many Members thanked Councillor Rebecca Moynihan and the committee for all their hard work and commitment during a very open and inclusive consultation process to review the existing Bye Laws and draft the proposed revised bye laws.

9.

Report No. 183/2016 of the Acting Assistant Chief Executive (V. Norton) - Arts Bursaries 2016.

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Minutes:

It was proposed by Councillor A Clancy and seconded by Councillor V Jackson “That Dublin City Council notes the contents of Report No 183/2016 and hereby approves the Arts Bursaries 2016 as set out therein”. The motion was put and carried.

10.

Report No. 187/2016 of the Acting Assistant Chief Executive (V. Norton) - Dublin City Draft Tree Strategy 2016-2020.

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Minutes:

It was proposed by Councillor S McGrattan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 187/2016 and hereby adopts Dublin City Tree Strategy 2016-2020 as set out in the report with the inclusion of an amendment for the Parks Service to liaise with Roads Maintenance in relation to their annual work plan to repair pavements where pavement lift has occurred”. The motion was put and carried.

11.

Report No. 211/2016 of the Area Manager (R. Kenny) - With reference to the proposed extinguishment of the Public Right of Way over a laneway at the rear of 2 - 41 Goldsmith Street, Dublin 7.

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Minutes:

It was moved by Councillor A Clancy and seconded by Councillor N Ring “That We, the Lord Mayor and Members of Dublin City Council, being the Roads Authority for the City of Dublin and being of the opinion that the Public Right of Way over a laneway at the rear of 2 - 41 Goldsmith Street, Dublin, as shown on the attached Drawing No R.M. 36562, is no longer required for public use, extinguish the public right of way in accordance with Section 73 of the Roads Act 1993” The motion was put and carried.

 

12.

Proposed disposals of property:

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12a

Report No. 207/2016 of the Executive Manager (C. Reilly) - With reference to the disposal of the Fee Simple Interest under the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 in 20 premises.

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 207/2016 and assents to the proposal outlined therein” The motion was put and carried.

12b

Report No. 190/2016 of the Executive Manager (P. Clegg) - With further reference to the proposed grant of a 5 year lease of Annamore House,Canon Troy Court, Chapelizod, Dublin 20.

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 190/2016 and assents to the proposal outlined therein” The motion was put and carried.

12c

Report No. 191/2016 of the Executive Manager (P. Clegg) - With further reference to the proposed grant of a Way Leave at Ffrench Mullen House, Charlemont Steet, Dublin 2

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 190/2016 and assents to the proposal outlined therein” The motion was put and carried.

12d

Report No.192/2016 of the Executive Manager (P. Clegg) - With further reference to the proposed disposal of a plot of land and the grant of a licence at Grand Canal Spur Linear Park, St James's Walk, Dublin 8.

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 192/2016 and assents to the proposal outlined therein” The motion was put and carried.

12e

Report No. 193/2016 of the Assistant Chief Executive (J. Keogan) - With further reference to the proposed disposal of a site at 125-128 The Coombe, Dublin 8.

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 193/2016 and assents to the proposal outlined therein” The motion was put and carried.

12f

Report No. 194/2016 of the Assistant Chief Executive (J. Keogan) - With reference to the proposed disposal of a portion of a former laneway between Nos. 36 & 38 Kilbarron Avenue, Coolock, Dublin 5.

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 194/2016 and assents to the proposal outlined therein” The motion was put and carried.

12g

Report No.195/2016 of the Assistant Chief Executive (J. Keogan) - With reference to the disposal of a plot of land to the front of No. 44 Glenshesk Road, Dublin 9.

Additional documents:

Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 195/2016 and assents to the proposal outlined therein” The motion was put and carried.

12h

Report No. 196/2016 of the Executive Manager (P. Clegg) - With reference to the proposed lease of the 2nd Floor of the Ormond Building, Ormond Quay Dublin 7.

Additional documents:

Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 196/2016 and assents to the proposal outlined therein” The motion was put and carried.

12i

Report No. 197/2016 of the Executive Manager (P. Clegg) - With reference to the grant of a lease of Smithfield Café, Smithfield, Dublin 7.

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 197/2016 and assents to the proposal outlined therein” The motion was put and carried.

12j

Report No. 198/2016 of the Executive Manager (P. Clegg) - With reference to the proposed grant of a further lease in the Ground Floor and Basement of No. 17 Wicklow Street, Dublin 2.

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 198/2016 and assents to the proposal outlined therein” The motion was put and carried.

12k

Report No. 199/2016 of the Assistant Chief Executive (J. Keogan) - With reference to the proposed disposal of the Council's fee simple interest in No. 10 Marino Mart, Fairview, Dublin 3.

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 199/2016 and assents to the proposal outlined therein” The motion was put and carried.

12l

Report No. 200/2016 of the Assistant Chief Executive (J. Keogan) - With reference to the proposed grant of lease for Ground Floor North,at Ballymun Civic Centre, Ballymun Main Street, Dublin 9.

Additional documents:

Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 200/2016 and assents to the proposal outlined therein” The motion was put and carried.

12m

Report No. 201/2016 of the Assistant Chief Executive (J. Keogan) - With reference to the proposed grant of a licence in Shangan Nursery, Shangan Neighbourhood Centre, Ballymun, Dublin 9.

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 201/2016 and assents to the proposal outlined therein” The motion was put and carried.

13.

Report No. 205/2016 of the Chairperson of the Finance Strategic Policy Committee (Councillor Ruairí McGinley) - Breviate of meeting held on 16th June 2016.

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Minutes:

It was proposed by Councillor R McGinley and seconded by Councillor P McCartan “That Dublin City Council notes the contents of Report No 205/2016”. The motion was put and carried.

14.

Report No. 206/2016 of the Chairperson of the Planning, International Relations and Property Development Strategic Policy Committee (Councillor Andrew Montague) - Breviate of meeting held on 26th April 2016.

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Minutes:

It was proposed by Councillor D Flanagan and seconded by Councillor J Boylan “That Dublin City Council notes the contents of Report No 206/2016”. The motion was put and carried.

15.

Report No. 209/2016 of the North West Area Committee - Breviate for the month of June 2016 - Councillor Áine Clancy, Chairperson.

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor V Jackson “That Dublin City Council notes the contents of Report No 209/2016”. The motion was put and carried.

 

16.

Report No. 208/2016 of the North Central Area Committee - Breviate for the month of June 2016 - Councillor Ciarán O'Moore, Chairperson.

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Minutes:

It was proposed by Councillor T Brabazon and seconded by Councillor C O’Moore “That Dublin City Council notes the contents of Report No 208/2016”. The motion was put and carried.

17.

Report No. 210/2016 of the Central Area Committee - Breviate for the month of June 2016 - Councillor Nial Ring, Chairperson.

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Minutes:

It was proposed by Councillor C Burke and seconded by Councillor N Ring “That Dublin City Council notes the contents of Report No”. The motion was put and carried.

18.

Report No. 188/2016 of the South Central Area Committee - Breviate for the month of June 2016 - Councillor Ray McHugh, Chairperson.

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Minutes:

It was proposed by Councillor R McHugh and seconded by Councillor V Jackson “That Dublin City Council notes the contents of Report No”. The motion was put and carried.

19.

Report No. 184/2016 of the South East Area Committee - Breviate for the month of June 2016 - Councillor Paddy McCartan, Chairperson.

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Minutes:

It was proposed by Councillor R McGinley and seconded by Councillor P McCartan “That Dublin City Council notes the contents of Report No 184/2016”. The motion was put and carried.

20.

Report No. 204/2016 of the Protocol Committee - Breviate of the meeting held on 9th June 2016 - Councillor Dermot Lacey, Chairperson.

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Minutes:

It was proposed by Councillor D Lacey and seconded by Councillor A Clancy “That Dublin City Council hereby approves Report No 204/2016”. The motion was put and carried.

21.

Report No. 203/2016 of the North West Area Joint Policing Sub-committee - Breviate of the meeting held on 20th June 2016 - Councillor Séamas McGrattan, Chairperson.

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Minutes:

It was proposed by Councillor S McGrattan and seconded by Councillor C Carney Boud “That Dublin City Council notes the contents of Report No 203/2016”. The motion was put and carried.

22.

Report No. 212/2016 of the South East Area Joint Policing Sub-committee - Breviate of the meeting held on 23rd June 2016 - Councillor Mannix Flynn, Chairperson.

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Minutes:

It was proposed by Councillor M Flynn and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 212/2016”. The motion was put and carried. It was also agreed to circulate a recent presentation on Ashtown Dog Pound to all Members.

23.

Emergency Motions

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Minutes:

The City Council suspended Standing Orders to agree the following emergency motions without debate :-

 

·        Sinn Féin Group:      

That DCC clarifies its position in relation to its role in the Longboat Quay development and confirm that the elected members insist that there is no reduction in the financial commitment DCC previously made to residents and that the Chief Executive confirm that residents will not be required to pay a levy in order to have the defects made good.

 

·        Councillor P Costello, D Lacey, N Ring & P Hand:           

That this Council directs that a second legal opinion be obtained as provided for under Section 132 of the Local Government Act 2001 as amended by the local government amendment act (2014) regarding its decisions that were not reflected by the Council Executive in the forthcoming Dublin City Development Plan to: 1) mandate higher energy standards for new homes,2) delete support for an Eastern By Pass and 3) a local Park at Scullys Field, and that a meeting of the Group Leaders or a delegate shall decide on the appropriate brief and Legal Counsel to advise us on this issue.

 

·        Councillor D Lacey:

            This Council requests a report from the Chief Executive to be presented to the next meeting of the South East Area Committee on the 13th July on the   current status of discussions with the residents of Longboat Quay .

 

·        Cllr D Doolan, A Connaghan, M Mac Donncha, C Carney Boud, J. Boylan, G. Kelly and R. McHugh:

Dublin City Council views with deep concern private waste management companies attempts to increase domestic waste collection charges. This imposes added financial pressure on households and may lead to further illegal dumping on our streets. This will have a negative effect on the City Council budget. We call on the CEO to immediately meet with the minister to express the concerns of the council over increased illegal dumping.

 

24.

Topical Motion

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Minutes:

There was one Topical Issue on the Agenda but it did not receive the necessary support to be debated.

25.

Motions on Notice

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Minutes:

It was proposed by Councillor K Binchy and seconded by Councillor C Cuffe "That the Chief Executive introduces 30km per hour speed limits on appropriate inner city and suburban residential roads in order to increase the quality of life, protect children, and to encourage walking and cycling for short local journeys" The motion was put and carried.

26.

Item No. 33

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Minutes:

The City Council agreed to take Item No 33 as it was a related motion. Accordingly, it was proposed by Councillor J Boyle and seconded by Councillor C O'Moore "That this Council, recognising the need for safety for children at play in the housing estates in which they live, calls on the Minister for Transport to pass the Road Traffic Amendment Bill 2015 commonly known as Jake's Law, in memory of Jake Brennan, in order to introduce a new mandatory speed limit of 20km specifically for housing estates. The council further commits to writing to the Minister on this issue and circulating this letter to all other local authorities in the state for their consideration" The motion was put and carried.

27.

Item No. 28

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Minutes:

The City Council agreed to defer the following motion in the name of Councillor S Stapleton standing at Item No 28 on the Agenda Paper to the next meeting of the City Council to be held on the 25th July 2016 “This Council recognises and supports families that are struggling to access affordable, flexible, high quality childcare in their communities. The great need for investment and political will from government in this area is long over- due. We ask that the government make this a high priority.

 

This council resolves to:

·        Implement a plan that will ensure childcare facilities are giving high priority in all future residential housing and commercial builds through the planning process.

 

·        To write to the Minister for Children and Family Affairs and ask her to implement a plan that will afford all families access to high quality, flexible and affordable childcare in their communities regardless of their income.

 

28.

Item No. 29

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Minutes:

It was proposed by Councillor C Cuffe and seconded by Councillor P Hand

“This Council believes that:

 

(a)        The proposed Transatlantic Trade and Investment Partnership (TTIP) could             have  a detrimental impact on local services, employment, suppliers and     decision-making

 

(b)        A thorough impact assessment of TTIP on local authorities must be             undertaken before the negotiations can be concluded.

 

(c)        The proposed Investor State Dispute Settlement (ISDS) used by corporations         to overturn democratic decisions by all levels of governments at significant      public cost. Local decision-making must be protected from ISDS.

 

(d)        The EU’s food, environmental and labour standards are generally better than             those in the US and TTIP negotiations must raise and not lower these         standards across the EU and USA.

 

(e)        Sourcing supplies and employment locally is important to strengthening local             economies and meeting local needs. TTIP must not impact on local             authorities’ ability to act in the best interests its communities.

 

This Council resolves:

(a)        To write to the Minister for Foreign Affairs and Trade Charles Flanagan TD              and all Dublin MEPs raising our serious concerns about the impact of TTIP on             local authorities and the secrecy of the negotiating process.

 

(b)        To write to the Association of Irish Local Government to raise our serious    concerns about the impact of TTIP on local authorities and ask them to raise these with government on our behalf.

 

(c)        To call for an impact assessment on the impact of TTIP on local authorities.

 

(d)        To publicise the council’s concerns about TTIP; join with other local             authorities which are opposed to TTIP across Europe and work with local         campaigners to raise awareness about the problems of TTIP.

 

An amendment to this motion was put forward by Councillor P Hand and seconded by Councillor C Cuffe and a further amendment was put by Councillor Cuffe and seconded by Councillor Hand. The amended motion as follows was then put to a roll call vote and carried.  For full details of this vote, see Appendix F to these minutes.

 

This Council believes that:

a)         The proposed Transatlantic Trade and Investment Partnership (TTIP) and             Comprehensive Economic and Trade Agreement (CETA) could have a             detrimental impact on local services, employment, suppliers and decision-   making.

 

b)         A thorough impact assessment of TTIP/(CETA)  on local authorities must be             undertaken before the negotiations can be concluded.

 

c)         The proposed Investor State Dispute Settlement (ISDS) used by corporations         to overturn democratic decisions by all levels of governments at significant      public cost. Local decision-making must be protected from ISDS.

d)         The EU’s food, environmental and labour standards are generally better than             those in the US/Canada and TTIP/(CETA)  negotiations must raise and not             lower these standards across the EU and USA/Canada.

 

e)         Sourcing supplies and employment locally is important to strengthening local             economies and meeting local needs. TTIP/(CETA)  must not impact on local             authorities’ ability to act in the best interests its communities.

 

This Council resolves:

a)         To write to the Minister for Foreign Affairs and Trade Charles Flanagan  ...  view the full minutes text for item 28.

29.

Item No. 30

Additional documents:

Minutes:

It was proposed by Lord Mayor Brendan Carr and seconded by Councillor S McGrattan “In light of the increase in Garda numbers, this City Council calls on the Minister for Justice to reinstate the Cabra Garda Station to its previous status prior to its downgrading by providing extra Gardai to ensure that it can carry out its original operations and ensuring that the station is open to the public 24 hours a day 7 days a week” The motion was put and carried.

30.

Item No. 31

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Minutes:

It was proposed by Councillor C O’Moore and seconded by Councillor D Heney “I  propose this motion to  ban  any sex/adult shops with in a 3km of any schools or children playing areas” An amendment to this motion to replace ‘3km’ with ‘250m’ was put forward by Councillor C Cuffe and seconded by Councillor C O’Moore and was put to a roll call vote and carried.

The meeting concluded at 9.30pm in accordance with Standing Orders and all items remaining on the Agenda were deferred to the next meeting of the City Council to be held on the 25th July 2016.

Additional documents: