Agenda and minutes

The Lord Mayor opened proceedings by welcoming everyone to the meeting. He extended best wishes on behalf of all the Members to Councillor Michael Pidgeon who got married at the weekend.

The Lord Mayor informed Members that it was his intension to hold the March 2024 Council meeting in Irish to support Seachtain na Gaeilge. He will be consulting with Councillors, the Protocol Committee and Management as to how to best facilitate the meeting. However, he reassured Members that the meeting would be inclusive and translation services would be provided. The Members welcomed the Lord Mayor’s initiative.  

On behalf of the Members who submitted the Section 140 motion, Councillor Ray McAdam informed the meeting that they wished to withdraw the motion. He extended his thanks to Executive Manager Derek Kelly and Chief Executive Richard Shakespeare for their efforts on this matter and was satisfied with the commitments provided.

It was moved by Councillor Ray McAdam and seconded by Councillor Dermot Lacey that Dublin City Council approves the Dublin Chief Executive answering the questions lodged. The motion having been put and carried, written answers to the questions lodged for the City Council meeting were issued. The Questions and Answers are set out in Appendix A to these minutes.

·         Mayo County Council

·         Clare County Council

·         Cork City Council

·         Mayo County Council

·         Clare County Council

·         Cork City Council

It was proposed by Councillor Dermot Lacey and seconded by Councillor Tara Deacy that Dublin City Council notes the contents of all correspondence listed. The motion was put and carried.

The Manager informed the meeting that the minutes would be amended to include the attendance of Councillors Deborah Byrne and Kelsey May Daly.  

The minutes of the City Council meeting held on 4^th September 2023 having been
printed, certified by the Meetings Administrator, circulated to the Members and taken
as read, were signed by the Lord Mayor.

The Lord Mayor informed Members that following a discussion on LCDC Membership at  the Group Leaders meeting, it was agreed that the Chief Executive would write to the Department Secretary General, Mary Hurley to outline the concerns of the Members with the LCDC guidelines and to request a meeting with Group Leaders. 

It was agreed that the filling of this vacancy be deferred to a future meeting.

It was proposed by Councillor Dermot Lacey and seconded by Councillor
Janet Horner that Councillor Donna Cooney be appointed to the City of
Dublin Education and Training Board following the resignation of Councillor
Claire O’Connor. The motion was put and carried.

It was proposed by Cllr. Dermot Lacey and seconded by Cllr. Tara Deacy that Dublin City Council notes the contents of Report No. 193/2023 and hereby approves the proposals set out therein. The motion was put and carried.

The Head of Finance, Kathy Quinn requested that Group Leaders submit their nomination for membership of the Budget Consultative Group.

It was proposed by Cllr. Dermot Lacey and seconded by Cllr. Tara Deacy that Dublin City Council notes the contents of Report No. 192/2023 and hereby approves the proposals set out therein. The motion was put and carried.

The Manager informed the Members that 5 motions had been received in relation to the LPT Local Adjustment Factor and that the motions would be dealt with in the order they had been received.

Motion No.1: It was proposed by the Labour Party, Green Party and the Social Democrats that “Dublin City Council determines, in accordance of the provisions of Section 20 of the FINANCE (LOCAL PROPERTY TAX) ACT 2012 (as amended), that the basic rate of local property tax should stand for 2024 in respect of relevant residential properties situated in the administrative area of Dublin City Council and that the resulting of funds of €14.5m should be applied €12m to works to improve public streets and €2.5m to the Area Discretionary Fund.  This proposed application of funds is subject to the final decision of the elected members at the Statutory Budget meeting”.

The motion was put to a vote and was defeated. Details of the vote are contained within Appendix B to these minutes.

Following the closure of the vote Councillor Darragh Moriarty informed Members that he had been unable to vote due to technical reasons but that he support the motion as proposed.

Motion No.2: It was proposed by Sein Féin that ”Dublin City Council determines, in accordance of the provisions of Section 20 of the FINANCE (LOCAL PROPERTY TAX) ACT 2012 (as amended), that the basic rate of local property tax should be varied downwards by 15 per cent for 2024 in respect of relevant residential properties situated in the administrative area of Dublin City Council.” As the three other motions proposed by Fine Gael, Fianna Fáil and Councillors Perry, Dunne, O’Farrell, Lyons Nicoullaud and Reilly all supported the downward variation of the LPT by 15%, the Sinn Féin motion as proposed was put and carried.

It was proposed by Councillor Séamas McGrattan and seconded by Councillor Donna Cooney that Dublin City Council notes the contents of Report No 219/2013 and hereby approves the borrowing requirement as set out therein, subject to the sanction of the Minister for Housing, Planning and Local Government. The motion was put and carried.

It was proposed by Councillor Séamas McGrattan and seconded by Councillor Donna Cooney that Dublin City Council consents to the continuation of the same value of borrowing by way of temporary overdraft or other short-term borrowing arrangements up to a maximum of €80 million for the period 1st January 2024 to 31st December 2024 as outlined in report 202/2023 subject to the sanction of the Minister for Housing, Local Government and Heritage to this borrowing. The motion was put and carried.

It was proposed by Councillor Seámas McGrattan and seconded by Councillor Ray McAdam that we, the Lord Mayor and Members of Dublin City Council, being the Road Authority for the City of Dublin declare that the laneway at Connaught Street be Taken in Charge as shown on map SM 2018-0684-01 in accordance with Section 11 of the Roads Act 1993. The motion was put and carried.

It was proposed by Councillor Ray McAdam and seconded by Councillor Séamas McGrattan 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 to the rear of the houses at 27-33 West Road, East Wall, Dublin 3 as shown on the attached Drawing SM 2023/0309 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 Ray McAdam and seconded by Councillor Christy Burke 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 walkway/desire lines and carpark on the site known as Dominick Street (West) The site contains the now void properties 109-198 Dominick street Lower, Dublin1 as shown on the attached Drawing SM 2023-0331 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 Mícheál MacDonncha and seconded by Lord Mayor Daithí de Róiste 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 section of road and footpath at Millwood Court, Tonlegee Road, Dublin 5, as shown on the attached Drawing No SM-2023-0104 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 Ray McAdam and seconded by Councillor Seámas McGrattan that Dublin City Council notes the contents of report 190/2023 and initiates the variation process, which entails a 4 week public consultation process, followed by a Chief Executive’s Report and Recommendation to the members of the City Council for consideration and decision. The motion was put and carried.

It was proposed by Councillor Máire Devine and seconded by Councillor Anne Feeney that Dublin City Council notes the contents of report 191/2023 and initiates the variation process, which entails a 4 week public consultation process, followed by a Chief Executive’s Report and Recommendation to the members of the City Council for consideration and decision. The motion was put and carried.

It was proposed by Councillor Ray McAdam and seconded by Councillor Dermot Lacey that Dublin City Council notes the contents of Report No. 197/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

It was proposed by Councillor Ray McAdam and seconded by Councillor Tara Deacy that Dublin City Council notes the contents of Report No. 210/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

It was proposed by Councillor Ray McAdam and seconded by Councillor Tara Deacy that Dublin City Council notes the contents of Report No. 196/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

It was proposed by Councillor James Geoghegan and seconded by Councillor Vincent Jackson that Dublin City Council notes the contents of Report No. 211/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

Councillor Donna Cooney wished her opposition to the motion be noted.

It was proposed by Councillor James Geoghegan and seconded by Councillor Vincent Jackson that Dublin City Council notes the contents of Report No. 212/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

Councillor Donna Cooney wished her opposition to the motion be noted.

It was proposed by Councillor Noeleen Reilly and seconded by Councillor Keith Connelly that Dublin City Council notes the contents of Report No. 216/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

It was proposed by Councillor Séamas McGrattan and seconded by Councillor Nial Ring that Dublin City Council notes the contents of Report No.214/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

It was proposed by Councillor Séamas McGrattan and seconded by Councillor Nial Ring that Dublin City Council notes the contents of Report No.215/2023 and hereby assents to the proposal set out therein. The motion was put and carried.

It was proposed by Councillor Ray McAdam and seconded by Councillor Séamas McGrattan that Dublin City Council notes the contents of Report No.201/2023. The motion was put and carried.

It was proposed by Councillor Ray McAdam and seconded by Councillor Séamas McGrattan that Dublin City Council notes the contents of Report No.218/2023. The motion was put and carried.

It was proposed by Councillor Ray McAdam and seconded by Councillor Tara Deacy that Dublin City Council notes the contents of Report No.199/2023. The motion was put and carried.

It was proposed by Councillor Séamas McGrattan and seconded by Councillor Eimer McCormack that Dublin City Council notes the contents of Report No.208/2023. The motion was put and carried.

It was proposed by Councillor Sophie Nicoullaud and seconded by Councillor Ray McAdam that Dublin City Council notes the contents of Report No. 189/2023. The motion was put and carried.

It was proposed by Councillor Ray McAdam and seconded by Councillor Donna Cooney that Dublin City Council notes the contents of Report No. 195/2023. The motion was put and carried.

It was proposed by Councillor Daithi Doolan and seconded by Councillor Donna Cooney that Dublin City Council notes the contents of Report No. 188/2023. The motion was put and carried.

It was proposed by Councillor Damian O’Farrell and seconded by Councillor Donna Cooney that Dublin City Council notes the contents of Report No. 209/2023. The motion was put and carried.

It was proposed by Councillor Damian O’Farrell and seconded by Councillor Donna Cooney that Dublin City Council notes the contents of Report No. 206/2023. The motion was put and carried.

It was proposed by Councillor Dermot Lacey and seconded by Councillor Larry O’Toole that Dublin City Council notes the contents of Report No. 203/2023. The motion was put and carried.

It was proposed by Councillor Seámas McGrattan and seconded by Councillor Ray McAdam that Dublin City Council notes the contents of Report No. 198/2023. The motion was put and carried.

No topical issues were submitted for consideration.

1)    Motion in the Name of Councillor Dermot Lacey:

It was proposed by Councillor Dermot Lacey and seconded by Council Mannix Flynn that:

“Recognizing the importance of good planning for the future of the City Acknowledging Irelands commitments under the terms of the Aarhus Convention, and thanking the many community, voluntary and civic minded bodies for their work in trying to ensure a better and more inclusive City.

Dublin City Council rejects the terms of the Planning and Development Bill currently before the Oireachtas, which seriously threatens good planning, ignores the Arhaus Convention and significantly reduces the opportunities for Citizens and Councillors to actively engage in the planning process.

The Council further calls on TDs and Senators to use their influence to reject the Bill as it currently stands and to defend the rights of Citizens and Councillors to proactively engage in good planning and to ensure that there is certainty for all – Communities and Developers - in agreed Development Plans.

As the largest Local Authority in the Country the Council further requests an opportunity to present a case to the Oireachtas Committee dealing with the Bill and requests the Planning SPC to prepare a submission for same.”

The motion was put and carried.

Councillors Ray McAdam and Claire O’Connor requested that their opposition to this motion be noted.

2)    Motion in the name of Councillor Mannix Flynn:

It was agreed to defer this motion to the next meeting.

3)    Motion in the name of Councillor Daniel Céitinn

Councillor Céitinn withdrew his motion as the relevant date had passed.

4)    Motion in the name of Councillor Danny Byrne:

It was proposed by Councillor Danny Byrne and seconded by Councillor James Geoghegan that:

“That this Council agrees to give a rates rebate of commercial rates to premises which allow the public to use their toilet facilities.”

Head of Finance, Kathy Quinn informed Members that there was no current facility available within the regulations to implement Councillor Byrne’s motion. Consequently, the Lord Mayor ruled it out of order.

5)    Motion in the name of Donna Cooney

It was proposed by Councillor Donna Cooney and seconded by Councillor Catherine Stocker that:

“Dublin City Council as part of the major emergency management and flood emergency plan agrees to engage communities at risk of mayor flooding in a flood drill after a simulated flood emergency, involving DCC emergency services, the coastguard, residents in the flood risk areas and provide a training exercise for emergency services and community volunteers.”

Assistant Chief Executive, John Flanagan informed Members that the existing emergency management plans are currently being reviewed and that once complete they will assess the feasibility of a full flood drill and training exercise that will involve the community.

The motion was put and carried.

6)    Motion in the name of Councillor Nial Ring:

It was agreed to defer this motion to the next meeting.

7)    Motion in the name of Catherine Stocker:

It was proposed by Councillor Catherine Stocker and seconded by Councillor Mannix  ...  view the full minutes text for item 34.

The Lord Mayor informed Members that four Emergency motions had been submitted but none had been accepted for debate as they did not meet the criteria. However, he called on the Acting Assistant Chief Executive for Housing, Frank d’Arcy, to make a statement in relation to concerns  regarding the Peter McVerry Trust.

Statement by Frank d’Arcy, A/Assistant Chief Executive, Housing Department

“Notified of concerns regarding the financial position at the Peter McVerry Trust, the Dublin Regional Homeless Executive were contracted to carry out a preliminary Financial and Governance review at Peter McVerry Trust in August 2023. It is a function of the Dublin Regional Homeless Executive to ensure good governance and oversight is in place in relation to funding provided to bodies under Section 10 of the Housing Act, 1988.

The preliminary review carried out by PricewaterhouseCoopers received the full co-operation of the Board and Management of the Peter McVerry Trust. A draft report was prepared and is currently under consideration by an oversight group with representation from the Department of Housing, Local Government and Heritage and the Dublin Regional Homeless Executive.

Peter McVerry Trust notified the relevant regulators, the Approved Housing Body Regulatory Authority and the Charities Regulator of the review and that it was facing financial difficulties. Members will be aware of the decision by the Approved Housing Body regulator to appoint inspectors on foot of reported financial difficulties. This is now a matter for the Independent Regulatory Authority.

The primary focus for Dublin City Council and the Dublin Regional Homeless Executive is the continued delivery of service to vulnerable homeless people in emergency accommodation and Housing First provided by Peter McVerry Trust. The DRHE is engaged in an ongoing process with PMVT and the Department of Housing in relation to financial and governance matters identified by PWC.

Housing Delivery

DCC Housing Delivery  is also aware of the current challenges facing the Peter McVerry Trust and the recent commencement of a statutory investigation by the Approved Housing Body Regulatory Authority. PMVT are a valued partner in the delivery of new social housing in the DCC area, I can confirm that all PMVT active housing development sites in the DCC area remain on track.”