{meta} Agenda for Monthly Council Meeting on Monday 9th April, 2018, 6.15 pm

Agenda and minutes

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

Media

Items
No. Item

1.

Lord Mayor's Business

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Minutes:

The Lord Mayor opened the meeting by expressing condolence to the family and friends of the following recently deceased. A minute’s silence was held as a mark of respect to the deceased:

 

Margaret Byrne who was the last live-in House Steward in the Mansion House who died 9th March 2018.

 

May Mac Giolla, former Lady Mayoress who died 24th March 2018.  Her husband Tomás Mac Giolla was Lord Mayor of Dublin 1993 / 1994.

 

Fr. Joseph Mallin, Freeman of Dublin, who died in Hong Kong on 1st April 2018. He was the last surviving child of an executed leader in 1916 Easter Rising and was conferred with the Honorary Freedom of the City of Dublin on 21st March 2016.

 

Mrs Nora Lacey, Mother of Councillor Dermot Lacey who died on 7th April.

 

The Lord Mayor then expressed the appreciation of all the Elected Members to the staff of Dublin City Council, including Dublin Fire Brigade and all front line workers, Civil Defence, the local communities and all other agencies who worked to keep the city moving and working over the recent weather especially over the St. Patrick’s weekend. Tributes were then paid to Dublin Fire Brigade and the Emergency Services on their swift response to the fire at the Metro Hotel in Ballymun on 21st March 2018 and to all others who helped the victims of the fire.

 

The Lord Mayor also informed the Members that he had written to Minister Murphy conveying their widespread concern over the implications contained in Circular Letter 02/18 in relation to the discussion of Planning Applications and requested him to withdraw the circular. Permission was then sought and given to the attendance of any Member of the City Council at the Annual Planning Conference 2018.

 

The Lord Mayor then requested permission of the City Council to take Emergency Motions No 2, 4 and 6 at that point as some Members had to leave the meeting early. Accordingly, the City Council suspended Standing Orders to agree the following emergency motions:

 

Emergency Motion No 2@

 

Dublin City Council reiterates its support for the agreed Poolbeg Peninsula SDZ and its commitment to deliver 900 social & affordable homes. This council calls on the Minister for Housing, Eoghan Murphy TD, to ensure that the Deloitte appeal to An Bord Pleanála based on the inclusion of more than 10 per cent social housing in the Poolbeg Peninsula SDZ is immediately withdrawn

Submitted by Councillors D. Doolan, J. Boylan, C. O’Moore, R. McHugh C. Andrews, L. O’Toole & G. Kelly

 

Emergency Motion No 4:

 

Recognizing that the basis to the Poolbeg SDZ adoption was the agreement on the provision of 900 Social and Affordable Housing, Dublin City Council calls on the Minister for Housing, Eoghan Murphy, to clarify and publish the deal between his Department, Dublin City Council and Deloitte to provide same on that site in Ringsend. This comes as the receiver of the Glass Bottle site, Deloitte, have sent in an appeal to An Bórd Pleanála about the provision  ...  view the full minutes text for item 1.

2.

Ceisteanna fé Bhuan Ordú Úimhir 16 pdf icon PDF 262 KB

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Minutes:

It was moved by Councillor C Burke and seconded by Councillor M Flynn “That Dublin City Council approves the Dublin Chief Executive answering the questions lodged”. The motion having been put and carried, written answers to the 124 questions lodged for the City Council meeting were issued. The Questions and Answers are set out in Appendix A attached.

3.

Letter dated 13th March 2018 from Clare County Council - conveying the terms of a resolution at the March meeting calling for publicly funded higher education and rejects income contingent loans pdf icon PDF 264 KB

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Minutes:

It was moved by Councillor R McAdam and seconded by Councillor R McHugh “That Dublin City Council notes the contents of this letter”. The motion was put and carried.

 

4.

Letter dated 13th March from Clare County Council - conveying the terms of a resolution at the March meeting calling on the Minister for Housing, Environment and Local Government and the Minister for Finance to put in place a redress scheme to provide financial support to purchasers of houses and apartments who now find that their property was no properly constructed and is non-compliant with Building and Fire Regulations pdf icon PDF 384 KB

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Minutes:

It was moved by Councillor R McAdam and seconded by Councillor R McHugh “That Dublin City Council notes the contents of this letter”. The motion was put and carried.

 

5.

Letter dated 13th March from Clare County Council - conveying the terms of a resolution at the March meeting calling on the Minister for Trade and Employment to introduce financial incentives to companies who are prepared to employ apprentices pdf icon PDF 272 KB

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Minutes:

It was moved by Councillor R McAdam and seconded by Councillor R McHugh “That Dublin City Council notes the contents of this letter”. The motion was put and carried.

 

6.

Letter dated 13th March from Clare County Council - conveying the terms of a resolution at the March meeting calling on the Minister for Communication, Climate Action and Environment with regard to the recent study findings issues by NUIG that 73% of deep water fish living in the North West Atlantic Ocean had ingested micro plastic pdf icon PDF 300 KB

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Minutes:

It was moved by Councillor R McAdam and seconded by Councillor R McHugh “That Dublin City Council notes the contents of this letter”. The motion was put and carried.

 

7.

To confirm the minutes of the Monthly Meeting of the City Council held on the 5th March 2018 and minutes of Special Meeting held on 21st March 2018. pdf icon PDF 211 KB

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Minutes:

The minutes of the Monthly Meeting of the City Council held on the 5th March 2018 and minutes of Special Meeting held on 21st March 2018, having been printed, certified by the Meetings Administrator, circulated to the Members and taken as read, were signed by the Lord Mayor.

 

8.

Report No. 76/2018 of the Head of Finance (K. Quinn) - Local Fund Statement & EU IMF Report. pdf icon PDF 240 KB

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Minutes:

It was moved by Councillor V Jackson and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 76/2018”. The motion was put and carried

 

9.

Submitted Report 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: Report 79/2018: Proposed Public Realm Improvement Works to Cathedral Street and Sackville Place, Dublin 1 pdf icon PDF 936 KB

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Minutes:

The City Council decided to defer consideration of this report to allow time for continued consultation and clarification.

 

10.

Submitted Report 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:Report 96/2018: Proposed realignment of Sillogue Avenue and creation of a new link to Ballymun Road via Owensilla Terrace, as per the Ballymun Local Area Plan, Sillogue Avenue, Ballymun, Dublin 11 pdf icon PDF 1 MB

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Minutes:

It was moved by Councillor N Reilly and seconded by Councillor  M Flynn “That Dublin City Council notes the contents of Report No 96/2018 and hereby approves the proposals set out therein”. The motion was put and carried.

 

11.

To fill vacancies on the following committees and outside bodies: Finance Strategic Policy Committee - following the resignation of Councillor Hazel De Nortúin (1 vacancy)

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Minutes:

It was proposed by Councillor  C Ni Dhalaigh and seconded by Councillor J Boylan  “That Councillor S McGrattan be appointed as a member to the Finance Strategic Policy Committee” The motion was put and carried.

12.

Report No. 89/2018 of the Chief Executive (O. Keegan) - Monthly Management Report pdf icon PDF 610 KB

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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 89/2018”. The motion was put and carried.

 

13.

Report No. 84/2018 of the Audit Committee (B. Foster) - Annual Report 2017 pdf icon PDF 90 KB

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Minutes:

It was proposed by Councillor N Reilly and seconded by Councillor D Flanagan “That Dublin City Council notes the contents of Report No 84/2018”. The motion was put and carried.

 

14.

Report No. 86/2018 of the Assistant Chief Executive (R. Shakespeare) - Creative Ireland Dublin City - Culture and Creativity Strategy 2018 - 2022 pdf icon PDF 2 MB

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Minutes:

It was proposed by Councillor V Jackson and seconded by Councillor A Clancy “That Dublin City Council notes the contents of Report No 86/2018 and hereby approves the Creative Ireland Dublin City - Culture and Creativity Strategy 2018 – 2022 as set out therein”. The motion was put and carried.

 

15.

Report No. 68/2018 of the Deputy Chief Executive (B. Kenny) - Dublin City Council Housing Supply Report - March 2018 (Deferred from March Meeting) pdf icon PDF 490 KB

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Minutes:

It was proposed by Councillor V Jackson and seconded by Councillor A Clancy “That Dublin City Council notes the contents of Report No 86/2018 and hereby approves the Creative Ireland Dublin City - Culture and Creativity Strategy 2018 – 2022 as set out therein”. The motion was put and carried.

 

16.

Report No. 97/2018 of the Deputy Chief Executive (B. Kenny) - Dublin City Council Housing Supply Report - April 2018 pdf icon PDF 362 KB

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Minutes:

It was proposed by Councillor R McGinley and seconded by Councillor G Kelly “That Dublin City Council notes the contents of Report No 68/2018”. The motion was put and carried.

 

17.

Report No. 106/2018 of the Protocol Committee (Councillor D. Heney, Chairperson) - Draft Flags Policy for Civic Buildings 2018 pdf icon PDF 111 KB

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Minutes:

It was proposed by Councillor T Keegan and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No106/2018 and hereby approves the Flags Policy for Dublin City Council Civic Buildings 2018”. The motion was put and carried.

 

18.

Report No. 104/2018 of the Executive Manager (A. Flynn) - With reference to the disposal of the Fee Simple Interest under the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 in 14 premises. pdf icon PDF 76 KB

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Minutes:

It was proposed by Councillor P McCartan and seconded by Councillor D Flanagan  “That Dublin City Council notes the contents of Report No 104/2018 and assents to the proposal outlined therein” The motion was put and carried.

 

19.

Report No. 98/2018 of the Executive Manager (P. Clegg) - With reference to the proposed grant of a lease in Unit GH, Ground Floor, plus two basement car spaces at the Ballymun Civic Centre, Dublin 9 pdf icon PDF 733 KB

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Minutes:

It was proposed by Councillor P McCartan and seconded by Councillor D Flanagan  “That Dublin City Council notes the contents of Report No 98/2018 and assents to the proposal outlined therein” The motion was put and carried.

 

20.

Report No. 99/2018 of the Executive Manager (P. Clegg) - With reference to the proposed 4 year Licence at Harolds Cross Park Tea Rooms, Dublin 6 to Noshington Park Limited pdf icon PDF 1 MB

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Minutes:

It was proposed by Councillor P McCartan and seconded by Councillor D Flanagan  “That Dublin City Council notes the contents of Report No 99/2018 and assents to the proposal outlined therein” The motion was put and carried.

 

21.

Report No. 100/2018 of the Executive Manager (P. Clegg) - With reference to the proposed disposal of the Council's fee simple interest in a site at Davitt Road close to the intersection with Benbulbin Road, Drimnagh, Dublin 12 pdf icon PDF 642 KB

Additional documents:

Minutes:

It was proposed by Councillor P McCartan and seconded by Councillor D Flanagan  “That Dublin City Council notes the contents of Report No 100/2018 and assents to the proposal outlined therein” The motion was put and carried.

 

22.

Report No. 101/2018 of the Executive Manager (P. Clegg) - With reference to the proposed disposal of the Council's fee simple interest in the premises known as No. 122 Upper Drumcondra Road, Dublin 9 pdf icon PDF 536 KB

Additional documents:

Minutes:

It was proposed by Councillor P McCartan and seconded by Councillor D Flanagan  “That Dublin City Council notes the contents of Report No 101/2018 and assents to the proposal outlined therein” The motion was put and carried.

 

23.

Report No. 102/2018 of the Assistant Chief Executive (R. Shakespeare) - With reference to the proposed Lease Renewal of the Public Rooms at the Mansion House, Dawson Street, Dublin 2 pdf icon PDF 1 MB

Additional documents:

Minutes:

It was proposed by Councillor D Flanagan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 102/2018 and assents to the proposal outlined therein” The motion was put and carried.

 

24.

Report No. 103/2018 of the Executive Manager (P. Clegg) - With reference to the proposed disposal of a plot of land at Sarsfield Road, Ballyfermot, Dublin 10, to CIE pdf icon PDF 1 MB

Additional documents:

Minutes:

It was proposed by Councillor V Jackson and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 103/2018 and assents to the proposal outlined therein” The motion was put and carried.

 

25.

Report No. 90/2018 of the Corporate Policy Group - Breviate of the meeting held on the 23rd February 2018, Ardmhéara Mícheál MacDonncha, Chairperson. pdf icon PDF 137 KB

Additional documents:

Minutes:

It was proposed by Councillor J Boylan and seconded by Councillor V Jackson “That Dublin City Council notes the contents of Report No 90/2018”. The motion was put and carried.

 

26.

Report No. 91/2018 of the Corporate Policy Group - Breviate of the meeting held on the 23rd March 2018, Ardmhéara Mícheál MacDonncha, Chairperson pdf icon PDF 150 KB

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Minutes:

It was proposed by Councillor J Boylan and seconded by Councillor V Jackson “That Dublin City Council notes the contents of Report No 91/2018”. The motion was put and carried.

 

27.

Report No. 107/2018 of the Housing Strategic Policy Committee - Breviate of the meeting held on the 8th March 2018, Cllr Daithi Doolan, Chairperson. pdf icon PDF 137 KB

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Minutes:

It was proposed by Councillor D Doolan and seconded by Councillor J Boylan “That Dublin City Council notes the contents of Report No 107/2018”. The motion was put and carried.

 

28.

Report No. 93/2018 of the Arts, Culture & Recreation Strategic Policy Committee - Breviate of the meeting held on 12th March 2018 - Councillor Vincent Jackson, Chairperson pdf icon PDF 92 KB

Additional documents:

Minutes:

It was proposed by Councillor D Doolan and seconded by Councillor J Boylan “That Dublin City Council notes the contents of Report No 93/2018”. The motion was put and carried.

 

29.

Report No. 88/2018 of the Finance Strategic Policy Committee - Breviate of the meeting held on 15th March 2018 - Councillor Ruairi McGinley, Chairperson pdf icon PDF 160 KB

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Minutes:

It was proposed by Councillor D Doolan and seconded by Councillor J Boylan “That Dublin City Council notes the contents of Report No 88/2018”. The motion was put and carried.

 

30.

Report No. 82/2018 of the South East Area Committee - Breviate for the month of March 2018 - Councillor Paddy McCartan, Chairperson pdf icon PDF 73 KB

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Minutes:

It was proposed by Councillor S McGrattan and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 82/2018”. The motion was put and carried.

 

31.

Report No. 87/2018 of the Central Area Committee - Breviate for the month of March 2018 - Councillor Ray McAdam, Chairperson pdf icon PDF 19 KB

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Minutes:

It was proposed by Councillor S McGrattan and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 87/2018”. The motion was put and carried.

32.

Report No. 81/2018 of the North Central Area Committee - Breviate for the month of March 2018 - Councillor Ciarán O'Moore, Chairperson pdf icon PDF 85 KB

Additional documents:

Minutes:

It was proposed by Councillor S McGrattan and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 81/2018”. The motion was put and carried.

 

33.

Report No. 92/2018 of the North West Area Committee - Breviate for the month of March 2018 - Councillor Noeleen Reilly, Chairperson pdf icon PDF 77 KB

Additional documents:

Minutes:

It was proposed by Councillor S McGrattan and seconded by Councillor R McAdam “That Dublin City Council notes the contents of Report No 92/2018”. The motion was put and carried.

 

34.

Report No. 95/2018 of the South Central Area Committee - Breviate for the month of March 2018 - Councillor Greg Kelly, Chairperson pdf icon PDF 160 KB

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Minutes:

It was proposed by Councillor V Jackson and seconded by Councillor D Flanagan “That Dublin City Council notes the contents of Report No 95/2018”. The motion was put and carried.

35.

Report No. 83/2018 of the North West Area Joint Policing Sub-Committee - Breviate of the meeting held on 12th March 2018 - Councillor Seamas McGrattan, Chairperson pdf icon PDF 80 KB

Additional documents:

Minutes:

It was proposed by Councillor V Jackson and seconded by Councillor D Flanagan “That Dublin City Council notes the contents of Report No 83/2018”. The motion was put and carried.

 

 

36.

Report No. 77/2018 of the South Central Area Joint Policing Sub-Committee - Breviate of the meeting held on 26th February 2018 - Councillor Vincent Jackson, Chairperson pdf icon PDF 105 KB

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Minutes:

It was proposed by Councillor V Jackson and seconded by Councillor D Flanagan “That Dublin City Council notes the contents of Report No 77/2018”. The motion was put and carried.

 

37.

Report No. 94/2018 of the South East Area Joint Policing Sub-Committee - Breviate of the meeting held on 22nd March 2018 - Councillor Claire O'Connor, Vice Chairperson pdf icon PDF 123 KB

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Minutes:

It was proposed by Councillor V Jackson and seconded by Councillor D Flanagan “That Dublin City Council notes the contents of Report No /2018”. The motion was put and carried.

 

38.

Report No. 80/2018 of the Dublin City Joint Policing Committee - Breviate of the meeting held on 6th March 2018, - Councillor Councillor Daithí de Róiste, Chairperson pdf icon PDF 193 KB

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Minutes:

It was proposed by Councillor V Jackson and seconded by Councillor D Flanagan “That Dublin City Council notes the contents of Report No 80/2018”. The motion was put and carried.

 

39.

Report No. 105/2018 of the Protocol Committee - Breviate of the meeting held on, 22nd March 2018 - Councillor Deirdre Heney, Chairperson pdf icon PDF 75 KB

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Minutes:

It was proposed by Councillor Heney and seconded by Councillor M Freehill “That Dublin City Council Approves Report No 105/2018”. The motion was put and carried.

 

40.

Emergency Motions : The City Council did not agree to suspend standing Orders to take the following remaining emergency motions. All the motions were put and carried

Additional documents:

Minutes:

Emergency Motion No 1

 

Following on the Fire in the Metro Apartments Ballymun:

 

1)   That this Council commends the fantastic response of the Dublin Fire Brigade, as a result of their bravery and quick response there was no loss of lives or any injury.

 

2)    That the Council recognises that a comprehensive risk assessment on the city now needs to be completed which should highlight the deficiencies in manpower, equipment and training. Bearing in mind the Current risk categorisation for Ballymun that was done under the current national policy “KCS” did not make any mention of high rise or a hotel being there.

 

3)  That the Council acknowledges and acts on the complete lack of an emergency aftermath strategy in Dublin City and the State in General.  The families affected in the fire were left and continue to be left with little or no state assistance and this is totally unacceptable after what they have been through.

 

4)   That the Council acknowledges the kindness and generosity shown by the Community in Ballymun and Glasnevin towards the victims.

Submitted by Councillor N Reilly

 

Emergency Motion No 3

 

Dublin City Council condemns in the strongest possible terms the killing by Israeli soldiers of 19 Palestinians protesters since March 30th and calls on An tArd Mheara to write to the Minister for Foreign Affairs urging the Irish government to expel the Israeli Ambassador as a first step in formally and officially recognising the state of Palestine.

Submitted by Councillors D. Doolan, J. Boylan, R. McHugh, C. Andrews, L. O’Toole & G. Kelly

 

Emergency Motion No 5

 

That Dublin City Council agrees to make a submission to the Hinkley Point C Nuclear Power Station Transboundary Public Consultation, expressing its concern at the project and raising the significant concerns detailed by the Nuclear Free Local Authorities All Ireland Forum.

Submitted by Councillor P. Costello

 

Emergency Motion No 7

 

In light of the recent deficits in fire risk assessments highlighted by the recent Metro Hotel fire, Dublin City Council agrees to debate motion no 4 currently on the DCC Agenda as an Emergency motion at the April DCC meeting

 

Motion 4 Motions on Notice – 9th April 2018

Dublin City Council acknowledges the fire safety issues for our fire and emergency services exposed by the uncovering of unregulated building practices and undocumented overcrowding in certain dwellings in the local authority area. Dublin City Council also acknowledges proposed changes in planning regulations including no 'change of use' planning permission requirement to convert commercial units to residential and permission for commercial units to include living quarters, as well as a significant increase in building higher commercial and residential blocks across the city. Given this changing landscape, uncertainty of building use and occupancy, Dublin City Council recognises the need to move from a policy of Area Risk Categorisation to a comprehensive Risk Assessment for fire safety and emergency services planning and provision, to include, building use, height, density & fire load, in line with similar assessment tools in the UK. Therefore,  ...  view the full minutes text for item 40.

41.

Motions on Notice pdf icon PDF 435 KB

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Minutes:

Councillor J Lyons requested permission from the City Council to amend his motion which stood at No 1 on the Agenda Paper. The City Council agreed and the amended motion, having been seconded by Councillor A Keegan, was then proposed by Councillor J Lyons as follows:

 

“Since its violent establishment in 1948 through the ethnic cleansing  of  more than  half of the indigenous people of Palestine, the state of Israel has denied  Palestinians their fundamental rights and has refused to comply with  international law; noting also that Israel continues to illegally occupy and colonise Palestinian land, discriminate against Palestinian citizens  of  Israel,  imposes  an  inhumane  blockade  and  siege  of  Gaza  and  denies Palestinian  refugees the right to return  to  their  homes,  this City  Council   fully  supports and endorses the Palestinian-led Boycott, Divestment and Sanctions movement for freedom, equality and justice  and  commits  itself to discontinue all business contracts it has with  Hewlett-Packard, both  HP  Inc. (PCs  and  printers), and Hewlett Packard Enterprise for business and government  services, as well as the HP spin-off DXC Technology as HP and DXC provide and operate much of the technology infrastructure  that  Israel  uses  to  maintain  its  system of  apartheid  and settler colonialism over the Palestinian people”

 

Following discussion, the Chief Executive, Mr Owen Keegan, clarified the position of the executive of the city council in relation to the proposed motion. He said that it would not be appropriate for him to comment on the terms of the motion generally but he wished to remind Members that legal responsibility for all procurement by the City Council rests with him as Chief Executive, as against the Elected Members. In exercising this responsibility he is obliged to comply with statutory national and EU procurement frameworks, which already provide grounds for exclusion.  Dublin City Council is required to meet procurement obligations including the equal treatment of all parties and not deliberately restricting the market. In view of this, he said that if this motion were to be adopted by the Council, he would not be implementing a procurement boycott of any entity, based on the content of this motion, as to do so would be in breach of both national and EU procurement frameworks. The amended motion as set out above was then put to a 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 14th May 2018.

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