Agenda and minutes

The Lord Mayor opened the meeting by reminding Members that the Protocol Committee has agreed to change the time of the April 2019 Monthly Council Meeting to 2.30pm in the afternoon. The change in time is to facilitate the hosting of EuroMAB 2019 by Dublin Bay Biosphere. EuroMAB is a biennial four-day conference for stakeholders from 302 UNESCO Biospheres which will be taking place from Tuesday April 2nd to Friday April 5th 2019. There will be a welcoming reception for delegates in the Rotunda in City Hall on Monday April 1st, from 6:30pm to 8pm and it will provide a great opportunity for delegates to meet with the elected members of Dublin City Council.

The Lord Mayor then congratulated the Dublin City Council staff involved in the Euro2020 Draw Weekend. He wanted to extend the thanks and appreciation of the City Council to them all for their work in showcasing the city of Dublin to an international audience. He wanted to give special mention to Don Daly, Eoin Leonard and Annette Cleary in the Dublin City Council Euro2020 Project Office.

The Lord Mayor highlighted the launch of the new Winter Lights programme which started last night in 13 locations around the City including illuminating 9 buildings, 2 bridges and 2 streetscapes.  This is an initiative of the City Council’s Events Section and he wished to thank all of them and in particular Alison King for all the work that went into it.

The Lord Mayor concluded by wishing all the Elected Members and Staff of Dublin City Council a very happy and peaceful Christmas and looked forward to seeing everyone again in 2019. He then introduced the Assistant Chief Executive, Dick Brady to give an update to the Members on the College Green Plaza project.

Mr Brady informed the Members that following a comprehensive assessment of An Board Pleanála’s decision it had been decided not to pursue a judicial review. A new application would be made in 2019 taking into account the Boards judgement. There would also be new traffic management arrangements put in place in the interim to ensure the safety of all users of College Green. He assured Members that he would revert to them with a report prior to the implementation of the new traffic measures and the lodgement of a new proposal with An Board Pleanála.

Ceisteanna fé Bhuan Ordú Úimhir 16 - It was moved by Councillor R McGinley and seconded by Councillor P Burke “That Dublin City Council approves the Dublin Chief Executive answering the questions lodged”. The motion having been put and carried, written answers to the 114questions lodged for the City Council meeting were issued. The Questions and Answers are set out in Appendix A attached.

It was proposed by Councillor P McCartan and seconded by Councillor N O’Muiri “That Dublin City Council notes the contents of this letter” The motion was put and carried

It was proposed by Councillor P McCartan and seconded by Councillor N O’Muiri “That Dublin City Council notes the contents of this letter” The motion was put and carried

The minutes of the Monthly Meeting of the City Council held on 5^th November 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 Councillor C Burke “That Dublin City Council notes the contents of Report No 326/2018”. The motion was put and carried.

No nominations were received and it was agreed that the vacancy would re-listed for the January 2019 meeting.

It was moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 317/2018”. The motion was put and carried.

It was moved by Councillor D Doolan and seconded by Councillor G Kelly “That Dublin City Council notes the contents of Report No 345/2018”. The motion was put and carried.

It was moved by Councillor N O’Muiri and seconded by Councillor M Flynn “That Dublin City Council notes the contents of Report No 320/2018”. The motion was put and carried. The Chief Executive agreed to provide Cllr Flynn with a report on the budget of the Docklands Oversight and Consultative Forum including a breakdown of the Chairpersons remuneration.  

It was moved by Councillor N O’Muiri and seconded by Councillor E Moran “That Dublin City Council notes the contents of Report No 346/2018 and hereby approves the initiation of the consultation process for the Draft Climate Change Action Plan”. The motion was put and carried.

It was moved by Councillor R McGinley and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 331/2018 and hereby approves the proposals set out therein”. The motion was put and carried.

It was moved by Councillor N Ó Muiri and seconded by Councillor C O’Moore “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 the laneway at 1-5 Cecil Avenue & 7 Marino Avenue, Dublin 3, as shown on the attached Drawing No R.M 37020, 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 moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 334/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 185/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 335/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 336/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 337/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 338/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 339/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 340/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 341/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 342/2018 and assents to the proposal outlined therein”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor R McGinley “That Dublin City Council notes the contents of Report No 343/2018 and assents to the proposal outlined therein”. The motion was put and carried.

At the request of the Chief Executive and with the consent of the Members Report No 344/2018 was withdrawn. It was also agreed that a report would be brought to Council on the issues surrounding this proposed disposal.   

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 329/2018”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 316/2018”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 323/2018”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 324/2018”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 318/2018”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 333/2018”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 321/2018”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 332/2018”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 328/2018”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 330/2018”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 327/2018”. The motion was put and carried.

It was moved by Councillor S McGrattan and seconded by Councillor T Brabazon “That Dublin City Council notes the contents of Report No 322/2018”. The motion was put and carried.

The following Emergency Motion was put and carried: 

“This City Council rejects the Memo from the Chief Executive regarding "Application of GDPR and Representations from Elected Members" and proposed consent form. We view this interpretation of data protection as totally inappropriate and excessive, adversely affecting the rights of citizens to access to their public representatives and the right of Councillors to represent their constituents. We call on the Chief Executive to enter a process of engagement with the Group Leaders to formulate an appropriate approach to data protection with regard to representations from elected members.”

Submitted by Councillors M MacDonncha, R McAdam, D Doolan, J Boylan, T Brabazon, M O’Brien, M Freehill, A Gilliland, D Lacey, R McGinley, J Horgan-Jones, D O’Farrell, C Perry, C Burke, M Flynn, R McHugh, J Lyons, P Costello and  L O’Toole.

The Chief Executive informed Members that he was acting in accordance with the legal advice he had received with regards to Dublin City Councils obligations under GDPR and that he had a responsibility to ensure that the Council was compliant with the regulations. However, he was aware of the difficulties the new procedures would create for the Elected Representatives and therefore was happy to engage with the Members on the issue. He agreed to defer the implementation of the new procedures until the conclusion of the engagement process.

1)     It was proposed by Cllr H De Nortúin and seconded by Cllr J Lyons that:   

“We call on this Council commit to and facilitate the use of land adjacent to the back of Labre park (between Labre and the canal) approx size 30 meters by 300 meters by The Labre Park Horse Association. The use of this land will coincide with the redevelopment of Labre Park. The use of this land by Labre Park Horse association is critical to the successful redevelopment of Labre Park and should not be delayed but run in tangent with the proposed redevelopment.”

The motion was put and carried.

2)  It was proposed by Cllr F Kennedy and seconded by D Doolan that:                                                               

“In circumstances where Housing Circular 41-2012 (Access to social housing supports for non-Irish nationals) (the “Circular”) has not been updated since the enactment of the International Protection Act 2015 (the “2015 Act”) a serious problem has arisen with regard to housing applications made by people who have sought asylum in Ireland and been granted permission to remain. Specifically, paragraph 7.2 of the Circular provides an exemption from the five year reckonable residency rule for asylum seekers who have been granted “leave to remain” provided that it is leave to remain under section 3 of the Immigration Act 1999 (the “1999 Act”). Since the commencement of the 2015 Act, section 3 of the 1999 Act is often no longer used as the basis upon which asylum seekers are granted permission to remain. However, the Circular has not been updated to reflect this, the effect of which is that asylum seekers whose permission to remain has been granted under the 2015 Act rather than the 1999 Act are not being permitted to benefit from the paragraph 7.2 exemption. In the face of this gross unfairness, this Council resolves:

(a)   That Dublin City Council shall adopt a purposive interpretation of the Circular and thereby extend the benefit of the paragraph 7.2 exemption to housing applicants who have been granted permission to remain in Ireland under the 2015 Act; and

(b)   That Dublin City Council shall before the end of this month send a written request to the Minister for Housing, Planning and Local Government to issue an appropriately updated Circular to reflect the commencement of the 2015 Act as a matter of urgency.”

The motion was put and carried.

3)  Motion from the North West Area Committee, proposed by Cllr A Connaghan and   seconded by Cllr P McAuliffe:                  

“That the North West Area Committee agrees to amend the City Development Plan to change the zoning on the Scribblestown Green area to ensure the entire green area outside the current railed off area is zoned recreational Z9. At present it is only partly zoned Z9 but also partially Z1.”

The motion was put and carried.

4)  It was proposed by Cllr Patrick Costello and seconded by Cllr C Byrne that:                                                           

“This Council agrees to vary the City Development plan so as to promote  ...  view the full minutes text for item 28.