(Used by Dublin City Council to halt refurbishment of O’Devaney Gardens as temporary accomodation for Homeless Familes):

Q.120  COUNCILLOR NAOISE Ó MUIRÍ

To ask the Chief Executive to please provide me with a full history of the use within Dublin City Council (and prior to that, Dublin Corporation) of the Section 139 device  (or similar) used to put a stop to the O’Devaney Gardens refurbishment works including:

1.         Specific instances in which it was proposed

2.         Details of those instances in which it was successfully used.

 CHIEF EXECUTIVE’S REPLY:

Dublin City Council does not have a specific record of the instances when Section 139 was used in the course of Council meetings. The use of Section 139, which is a reserved function, will be included in the minutes of any meeting at which it was invoked. The Section provides that the Council may by resolution, direct the Chief Executive not to proceed with works as duly notified under Section 138 (not being any works which the local authority is required by or under statute or by order of a court to undertake). The Chief Executive shall comply with a resolution of the elected council duly and lawfully passed under this section.

CONCLUSION? Never used before according to DCC’s records and corporate memory. NOM 25/05/2015