Agenda and minutes

The Lord Mayor opened the meeting by congratulating former Lord Mayor and Councillor Andrew Montague and wife Sinead Ahern on the birth of their baby boy Philip on 11th May.

The Lord Mayor acknowledged the efforts of the Franchise Section to process the unprecedented number of voter registration forms received in the run up to the deadline for the 8th Amendment Referendum. However, he raised concerns regarding the arrangements for accepting supplementary voter registration forms prior to the deadline on 8^th May. There was confusion regarding the acceptability of scanned applications and the use of Area Offices to take in applications. The Chief Executive replied that the City Council had been very clear in its instructions on how to submit registration forms but accepted that conflicting information provided by other bodies had caused confusion. He informed Members that the City Council was developing a new online voter registration portal that would simplify the registration process which he hoped would be up and running in 2019. 

It was moved by Councillor C Burke and seconded by Councillor T Brabazon “That Dublin City Council approves the Dublin Chief Executive answering the questions lodged”. The motion having been put and carried, written answers to the 140 questions lodged for the City Council meeting were issued. The Questions and Answers are set out in Appendix A attached.

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

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

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

The Members asked the Chief Executive to clarify the legal advice that he had circulated in relation to the An Board Pleanála decision in regards to Z15 Zoning on land east of St. Paul’s School. It was their understanding that at the Special Meeting on the 24^th April they had agreed to seek a judicial review of the decision. The Members expressed grave concern over the situation which they believed fundamentally undermined their role as elected representatives and called into question the validity of the Development Plan. The Chief Executive responded that he had only received the legal advice earlier that day so he had not yet fully considered all the ramifications. He informed Members that the legal advice provided made it clear that Dublin City Council did not have legal grounds to challenge the decision through a judicial review. Going forward he would assess the impact of the decision on the Development Plan process. However, he reminded Members that the situation was a direct result of the introduction of the Planning and Development (Housing) and Residential Tenancies Act 2016 which had reduced the power of local authorities in this area.

The minutes of the Monthly Meeting of the City Council held on the 9^th April 2018 and minutes of Special Meeting held on 24^th April 2018, having been printed, certified by the Meetings Administrator, circulated to the Members and taken as read, were signed by the Lord Mayor.

It was moved by Councillor R McGinley and seconded by CouncillorV Jackson “That Dublin City Council notes the contents of Report No 117/2018”. The motion was put and carried

It was moved by Councillor C Burke and seconded by Councillor C Cuffe “That Dublin City Council notes the contents of Report No 79/2018and hereby approves the proposals set out therein”. The motion was put to a vote and was defeated. Please refer to Appendix B of these minutes for the record of voting.

It was agreed to defer this item to the June City Council meeting.

It was proposed by Councillor D Lacey and seconded by Councillor M Flynn that “Councillor Mary Freehill be appointed as a Member of the City of Dublin Education and Training Board”. The motion was put and carried.

It was proposed by Councillor R McGinley and seconded by Councillor M Flynn “That Dublin City Council notes the contents of Report No 114/2018”. The motion was put and carried.

It was proposed by Councillor L O’Toole and seconded by Councillor G kelly “That Dublin City Council notes the contents of Report No 118/2018”. The motion was put and carried.

It was proposed by Councillor V Jackson and seconded by Councillor C Burke “That Dublin City Council notes the contents of Report No 116/2018”. The motion was put and carried.

The following amendments to the report and the scheme were submitted by Councillors (see Appendix C).

1.   Proposed by Cllr A Gilliland and seconded by Cllr D Lacey:

The Addition of the following; “Where there is reference to HAP in the report/scheme the following should be inserted: ‘’where a family is breaking a HAP tenancy contract in order to accept an offer of social housing that DCC will negotiate with the landlord (1) to ensure that the family do not suffer financially for breaking the tenancy contract and (2) to allow the contract to be re-assigned to another suitable homeless family.’’

The Motion was put and carried.

2.   Proposed by Cllr A Gilliland and seconded by Cllr D Lacey:

The Addition of the following; ‘’That the team carrying out the impact assessment will include at least one independent (non DCC staff) member or be conducted by an independent expert.’’ 

The Motion was put and carried.

3.   Proposed by Cllr D Doolan and seconded by Cllrs O’Toole, C Carney Boud, G Kelly:

On page 2 of the report delete the words ‘’ but will no longer prioritise offers of social housing to homeless families ahead of other households who have prior dates of application. (Many are much longer on the waiting lists)’’.

TheAssistant Chief Executive suggested the addition of the following wording which was agreed; ‘’Qualified households will be included on the Band appropriate to their need.’’

The Motion was put and carried.

4.   Proposed by Cllr David Costello and seconded by Cllr T Brabazon:                                                                                   

Remove Paragraph 1 Section 10.1 of the Draft Scheme ’’ No succession of tenancy will apply where the accommodation is designated for Older Persons or designed/adapted for the use of someone with a disability who no longer resides in the property’’.

The Assistant Chief Executive suggested the following alternative wording which was agreed: “’If an applicant for succession to a property designed or adapted for the  use of someone with a disability, who longer resides in the property, the applicant will be offered alternative accommodation suitable to their needs to allow for best use of housing stock’’

The Motion was put and carried.

5.   Proposed by Councillor David Costelloand seconded by Cllr T Brabazon:

 Add the following text to 2.5.1 in the Draft Scheme.

‘’It is the long term objective of Dublin City to provide sufficient accommodation to allow Children have access to both parents’’.

The Motion was put and carried.

6.   Proposed by Councillor Anthony Connaghan and seconded by Cllrs C Carney Boud, Criona Ni Dhalaigh, Eilis Ryan, Seamas McGrattan:

In the Section on shared access in the Draft Scheme add in:

‘’Discretion will be given in exceptional circumstances on a case by case basis by the Allocations Officer.”

On the recommendation of the Assistant Chief Executive it was agreed to include the amendment in the report on the scheme but not in the Allocations Scheme itself.

7.   Proposed by Councillor Daithi Doolan and seconded by  ...  view the full minutes text for item 13.

It was proposed by Councillor V Jackson and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 111/2018”. The motion was put and carried.

It was proposed by Councillor M Flynn and seconded by Councillor C Cuffe “That Dublin City Council notes the contents of Report No 121/2018 and initiates the public consultationprocess on the Draft Dublin City Council Special Speed Limit Bye-Laws 2018”. The motion was put and carried.

It was proposed by Councillor V Jackson and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 130/2018”. The motion was put and carried.

It was moved by Councillor V Jackson and seconded by Councillor R McGinley  “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 fronting 61 & 63 Ratoath Avenue, Finglas, Dublin 11, as shown on the attached Drawing No R.M 25110A, 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.

It was proposed by Councillor V Jackson and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 126/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was proposed by Councillor V Jackson and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 127/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was proposed by Councillor V Jackson and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 128/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 131/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 119/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 120/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 109/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 124/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 110/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 129/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 122/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 115/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 125/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 123/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council notes the contents of Report No 133/2018”. The motion was put and carried.

It was proposed by Councillor N Ring and seconded by Councillor T Keegan “That Dublin City Council approves Report No 134/2018”. The motion was put and carried.

The City Council agreed to suspend standing Orders to take the following emergency motions. All the motions were put and carried. Motion 3 was to put to a vote, see Appendix D for the voting record.

Emergency Motion No 1:

“In advance of the coming into force of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) on 25 May 2018, this Council resolves that the Chief Executive shall ensure that comprehensive and relevant training and guidance is provided to Members on the obligations and duties on individual Members, in particular in respect of interaction with constituents, arising from the GDPR and that, in the event that such training and guidance is to be provided by way of training session, the session be recorded and made available to members in light of the inevitability that the time at which such training is to take place will not be a time at which all Members are available to attend.”

Submitted by Councillor Frank Kennedy, Mannix Flynn, John Lyons, Christy Burke, Mary Freehill, Janice Boylan, Daithí Doolan

Emergency Motion No 2:

“That Dublin City Council agrees to write to Minister Shane Ross requesting a meeting between him and a cross party delegation from Dublin City Council to address the increasing deaths of cyclists on the city's roads and to seek increased funding for cycling infrastructure.”

Submitted by Councillor Patrick Costello

Emergency Motion No. 3:

“Noting the unanimous decision of Dublin City Council’s Arts Strategic Policy Committee today to instruct city council officials to reverse its recent decision to cancel the literary event “The Question of the Eight” with Una Mullally, Elaine Feeney, Tara Flynn and Emmet Kirwan at the upcoming International Literature Festival Dublin, the elected members of Dublin City Council call on city council management to acknowledge and respect the unanimous vote of the members of the Arts committee by moving immediately to implement the motion and re-instate “The Question of the Eight” literary event.”

Submitted by Councillors John Lyons, Damian O’Farrell, Pat Dunne, Michael O’Brien, Tina MacVeigh, Dermot Lacey, Ciaran Perry, Daithí Doolan, Eilis Ryan